Employers May Be on the Hook for Chatting Employees

September 06, 2012

Employers May Be on the Hook for Chatting Employees

Every year, 1.4 million car accidents are attributed to cellphone use. The National Highway Transportation Safety Administration (NHTSA) estimates that 3,092 people were killed in "distracted-affected crashes" in 2010. In many cases, the at-fault driver's employer may be liable for the damages, injuries or death caused by their employee.

The scope of liability for employers is broad. Almost any connection between an employee in a car accident and their employer can expose the employer to liability for the accident. The employee could be driving a company car; could be driving to or from a client appointment (in a corporate or personal car); could be talking on a cellphone (work or personal) about work-related topics; could be talking about personal matters on a company cellphone while driving.

The critical connection for a court or jury to make is a finding that the employee's negligent actions were "in the course of employment" and not a "frolic" or "detour." Proving that an employee was acting "in the course of employment" can be very difficult. For that reason, it is crucial to have the assistance of an attorney in investigating and preparing a case.

Courts and juries are finding more and more employers at fault in cellphone related car accidents under the vicarious liability theory of "respondeat superior." This legal doctrine treats employees as extensions of their employers who must accept the good and bad that comes along with the employees.

The legal system's goal in a personal injury case is to make the victim both physically and financially whole. To that end, an employer (with deeper pockets than an employee) is best situated to ensure that happens. Therefore, lawyers sue employers to ensure their clients are adequately compensated.

As an example of the jury verdicts being awarded in cellphone related cases, a Florida jury awarded $21 million to the family of a 32-year-old woman killed in a car accident by an employee who was driving while talking on a cellphone. In Texas, a jury held Coca-Cola liable to the tune of $21 million for a 37-year-old woman's nerve damage from an accident involving a Coca-Cola sales representative on his cellphone.

Not all cases make it to trial. In an attempt to avoid an expensive jury verdict, International Paper paid $5.2 million to a woman who lost her arm in an accident with an International Paper employee on his phone. With such hefty jury verdicts, settlements may become more common.

The stakes in a cellphone related accident can be high. There is no reason to leave the outcome of your case to chance. If you or a loved one has been injured or killed in an accident, contact an experienced car accident attorney to discuss your situation and your options.

Article provided by Friedman, Rodman & Frank, P.A.
Visit us at www.friedmanrodmanfrank.com