CaseyGerry
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
Dedicated To The Pursuit Of Justice since 1947

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Original Post

Cell Phone Driving Accidents Could Cost Employers Dearly

Talking On The Phone While Driving Increases Risk Of Collision

We have all seen them. Perhaps, on occasion, we have even been among them: People chattering away on their cell phones while motoring down the highway. Sometimes they veer between lanes as if in a drunken stupor, other times they seem to ignore the road and its occupants entirely. Studies have shown that someone talking on the phone while driving – even a “hands free” device – is four times more likely to be involved in a collision than a normal driver.

Drivers Four Times Likely To BeInvolved In Collision While Talking On PhoneThat information probably comes as surprise to no one. But what many people may not know is that employers might end up on the hook for any damage caused by a conversing driver if the call is work-related.

Talking on Cell Phone While Driving Within Scope of Employment?


By law, businesses are liable for injuries caused by their employees if the employees are acting in the “scope of their employment.” And although no California court has yet held that an employer is responsible for an employee who is involved in a collision while making a work-related call while being involved in a collision, that is a likely outcome in the near future, particularly since at least once court has suggested as much. See, Miller v. American Greetings Corp. (2008) 161 Cal.App.4th 1055. So take care out there and protect your boss – don’t talk and drive unless absolutely necessary.

More Information about Safe Driving to avoid Auto Accidents

CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP