![]() Make sure the trip is necessary and that the vehicle is safe and well-maintained, she said.Įmployers should ensure that workers are familiar with and following laws that regulate the use of devices while driving, Sandberg noted.Īlthough there is not a clear federal position, the issue has been addressed at the state level, Barnett explained. Sandberg suggested that employers limit the amount of time that employees spend behind the wheel for the business. If the driver was working or driving a company vehicle, the injured party may pull the employer into the lawsuit because it likely has the "deepest pockets," she explained. Practically speaking, when someone has been injured by a distracted driver, the injured party will want to know who owns the vehicle, why the person was driving and what else that person was doing while driving, said Jennifer Sandberg, an attorney with Fisher Phillips in Atlanta. Cellphone records can be subpoenaed to show who the driver was talking to or texting at the time of the accident. Furthermore, an employer may be liable when an off-duty worker is driving his or her own vehicle and causes an accident while making a work-related call or sending a text. If an employee is driving a work vehicle, even when off duty, the employer could be held responsible. Since technology is expanding and the remote workforce is growing, workers are conducting more business away from the worksite and on the road, which increases the chances for employer liability, said Anne Cherry Barnett, an attorney with Polsinelli in San Francisco.Ī court will look at many factors when determining the scope of an employer's liability, Barnett said. Roadway accidents accounted for more than any other type of transportation incident that led to a worker's death.Įmployers can generally be held responsible for damages when a distracted driver is acting in the course and scope of employment. Additionally, 40 percent of all workplace fatalities in 2016-the most recent year for which data are available-involved transportation incidents, according to U.S. ![]() So what happens when distracted drivers cause accidents while they're working? Employers could be on the hook for damages.Ībout 100 people die in car accidents every day, and distracted driving is a leading cause of fatal crashes, according to the National Safety Council. It's easy to imagine: A manager takes a business call while driving to work, a driver browses social media while delivering packages, or a salesperson who's stuck in traffic sends a text to a client. ![]()
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