Employer Liability for Cell Phone Use While Driving
Employees in the United States feel continuing pressure to remain productive. Those who survived the extensive corporate layoffs of the past several years feel even greater pressure to get more work done. How often have we seen drivers on the road talking on their cellular phones, often in an effort to cram more work into their day? While New York remains one of the few states that require hands-free driving with cellular phones, others are sure to follow. Recognizing the dangers and the potential liabilty based on negligence theory, many companies are also implementing and enforcing policies addressing the dangers of driving while talking on cellular phones - some prohibiting it outright. As a New York driver, I've gotten relatively used to driving hands-free and am often surprised at the number of drivers who continue to use their cellular phones without hands-free devices, despite the law and the known dangers. When I travel to other states, I continue to be amazed at the number of distracted drivers who are focused on their cellular phone conversations instead of the road.