HR Management & Compliance

Health and Safety: Cell-Phone-Related Car Accident Costs Employee $2 Million; Employer Tips for Avoiding Liability

Back in September 2001, we reported on a California employer that was hit with a $30 million lawsuit after one of its employees struck and killed a teenager while driving and using a cell phone. Now the employee, a former attorney, has been ordered to pay $2 million to the family of the teenager, Naeun Yoon. The employer, law firm Cooley Godward LLP, had already gotten out of the lawsuit but not off the hook: Cooley settled with Yoon’s family for an undisclosed amount.

Calling While Driving Can Be Dangerous—and Expensive

Cell phones have become a valuable tool in conducting business as many employees use them to perform their jobs. Among other things, they help boost productivity by keeping employees connected to the office and to clients. However, cell phones also raise a number of issues involving safety, security, and privacy.


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Some studies have concluded that using cell phones while driving contributes to distracted driving and accidents. The authors of one study, for example, discovered that talking on the phone while driving can lead to “inattention blindness,” or the inability to recognize objects encountered in the driver’s visual field.

If one of your employees causes a car accident while on a work-related call, you could be in for a very costly ride—particularly if you know about, or encourage, the employee’s practice of making calls while driving.

Safe-Calling Tips

The best defense is a policy that prohibits employees from using cell phones for business while driving. Put the policy in writing and have employees sign an acknowledgement that they have received and read it. They should also be instructed that if they receive a cell phone call, they should let voice mail answer it and/or call back when they can stop at a safe area.

If employees must use cell phones while in their cars, the following safety guidelines may help:

     

  • Always dial while the car is still.

     

  • Never use the phone in heavy traffic or bad weather.

     

  • Use speed dialing whenever possible.

     

  • Use a hands-free phone.

     

  • Never look up phone numbers while driving.

     

  • Never have stressful conversations while driving.

     

  • Keep your eyes on the road while on the phone.

 

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