Mobile Phone Causing Car Accident: Employer Liability

California legislators have devised ways to prevent the increasing rate of car accidents due to mobile phone use. The hands-free laws have been implemented to protect car owners, drivers, passengers, and pedestrians from fatal injuries.

Every year, the increasing number of lawsuits relating to employer liability prompts legislators to specify grounds of negligence or fault. The basic claim is that the employer has the responsibility to ensure the safety of its employees during the execution of work duties, including driving a company owned vehicle. It includes instances when the employed driver executes his or her duties involving the use of cell phone.

The employer can reduce the risk of vehicular accident caused by mobile phone use by
enforcing policies and regulations that ban cell phone use while driving. A hands-free policy does not automatically relinquish the employer from liability. One example is when a sales representative receives a call from the client and suddenly met an accident.

Existing laws such as California's SB 1613 and Washington State's HB 1214 clearly state that it is illegal to use a mobile phone while driving. Using hands-free device is allowed, however, the employer can still be held liable. The safest way, is to completely prohibit the use of mobile phones while driving at all times and at all costs.

Here are some ideas concerning cell phone use policies in employment manual:

1. Clear statement on the prohibition on using mobile phone while driving.

2. Provision for hands-free devices in case of emergency.

3. Orientation on state and local laws governing mobile phone use.

4. Procedure for pulling over in case of receiving an important call.

5. Instructions on avoiding stressful conversations on cell phone.

6. Limiting the work duties of employees so that it does not contain tasks of using mobile phones.

7. Regulation on prohibiting mobile phone use during extreme weather conditions.

8. Provide options to forward all calls to voicemail when driving.

9. Delineate rules on road safety precautions.

10. Stipulate reasonable penalties for violating mobile phone safety rules.


Here are some examples of policy statements:

1. Mobile phone use should be avoided while driving the company vehicle. The distraction from the mobile phone may cause road accidents.

2. If there are expected important calls during the course of driving, a hands free car kit should be used.

3. All employees are expected to comply with existing state and local laws on mobile phone use prohibition while driving.

4. Should an important call need to be received, the employee should find a safe location to pull over.

5. All employees are required to divert all incoming calls to voicemail during the course of driving.

6. Failure to abide with the above policies should have corresponding disciplinary actions, including suspension or termination.

Consult a Personal Injury lawyer and learn more on how you can receive compensation for injuries suffered due to Mobile Phone Use.