Legally Speaking: Mobile Devices And Accidents
The RSPA website contains a sample policy statement for employee use of mobile devices while operating a vehicle. The policy is restrictive in the use of mobile devices while driving but essential to reduce a reseller’s responsibilities. As many states and cities pass legislation to regulate the use of mobile devices, it is essential that every reseller have a written policy in place. The Department of Transportation has concluded that distracted driving is epidemic. We have all seen it and noted the danger; however, it is often the other guy being reckless while we are using our devices while driving in a safe and prudent manner.
Adopting a detailed cell phone policy can help protect employers from liability should an employee cause an accident while using an electronic communications device, but such policies do not provide absolute legal protection. An employee engaging in prohibited conduct must be established as not acting on the employer’s behalf. In 2010, at least 3,092 people were killed in distraction related crashes and an estimated 416,000 individuals injured. With the damage awards raising significantly, it is best to take precautions.