Cell phone use while driving continues to be more and more frequent in today's world of instant communication. The Province of Ontario is currently considering a ban on the use of cell phones while operating a vehicle.
The question has been raised: Is cell phone use while driving the next frontier of Employer Liability? Employers may be held vicariously liable for employees actions while on company business.
While there have been no decided cases in Canada, there have been several cases in the USA that should raise a red flag and cause employers to review company policies regard- ing the use of cell phones or other electronic devices, used for busi- ness purposes in a company vehicle. There have already been million dollar awards and settle- ments in the USA in instances where individuals were involved in accidents while using a cell phone on company business, during busi- ness hours in a company vehicle. According to the National Highway Traffic Safety Administration, cars driven by people talking on a cell phone were more likely to be the striking vehicle in an accident. And more than dialing, talking on a cell phone is the major distraction in cell phone related crashes, while being startled by an unexpected call was also reported as a factor.
A study by Canadian researchers reported in the New England Journal of Medicine, likening the dangers of talking on a cell phone while behind the wheel, to driving while drunk. There are several examples from the courts sending a clear message to employers that permitting an employee to operate a company vehicle while legally impaired under the influence of alcohol can lead to employer liability. Employers can not knowingly, negligently or ignorantly permit dangerous situations such as impaired driving [potentially talking on cell phone or using other electronic device] to happen. If they do, the law potentially exposes them to vicarious liability for the dangerous acts of their employee, the driver. How long will it take for lawyers to try making the connection and thus begin court actions?
As a company executive, along with your fleet manager you need to be concerned about the potential risks and accidents that may result from your employees using cell phones [or other electronic devises] while driving company vehicles. So what can you do to avoid or reduce the potential for vehicle damage, employee injury and limit liability in these instances?
The first step is to develop and implement a Corporate Policy regarding the use of cell phones and other electronic devices while operating a company vehicle. The policy should include the following:
While a Corporate Policy includes best practices, you may choose to not have a Corporate Policy restricting the use of Cell Phones. If you do not wish to restrict use of phones -from a risk management standpoint steps should be taken to reduce the potential for accidents. The following are some suggestions that in the absence of a “No Use While Driving Policy” reduce the accident potential:
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