
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Author: Robert E. Levy
Date: February 19, 2013
Partner
201-896-7163 rlevy@sh-law.comDo your employees have company-issued cell phones and drive company owned or leased vehicles, or, do they use their own devices to send business-related emails or text messages while driving? If the answer to either is yes, your company should have a .
Research confirms that distracted driving is not strictly a teen epidemic. Drivers of all ages admit to risky driving behaviors, such as talking on their cell phones, checking email messages, and sending texts. Overall, 18 percent of injury crashes in 2010 cited distraction as a contributing factor.
With the rise of smartphones, business more frequently occurs outside of the office. In fact, a recent National Highway Traffic Safety Administration survey found that drivers cite work-related communications as a reason to use phones while driving.
While cell phones may help us be more productive, distracted driving not only increases the crash risk for employees, but also could result in liability for the employer. Under the doctrine of respondeat superior, an employer may be held legally accountable for the negligence of its employee, if the employee was acting within the scope of his or her employment at the time of a driving accident.
Courts have also been fairly liberal in determining what constitutes “acting within the scope of employment.” They have imposed liability in crashes involving personal cell phones and vehicles owned by employees, including accidents that took place outside of normal work hours.
With this in mind, it is imperative that businesses enact policies to prevent cell phone use while driving. At minimum, policies should include:
While following rules against distracted driving will help to lessen the risk of injuries, businesses may be concerned that total bans may decrease productivity, the impact on your bottom line is likely to be far less than the costs of injuries to an employee, and defending or settling a lawsuit.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Do your employees have company-issued cell phones and drive company owned or leased vehicles, or, do they use their own devices to send business-related emails or text messages while driving? If the answer to either is yes, your company should have a .
Research confirms that distracted driving is not strictly a teen epidemic. Drivers of all ages admit to risky driving behaviors, such as talking on their cell phones, checking email messages, and sending texts. Overall, 18 percent of injury crashes in 2010 cited distraction as a contributing factor.
With the rise of smartphones, business more frequently occurs outside of the office. In fact, a recent National Highway Traffic Safety Administration survey found that drivers cite work-related communications as a reason to use phones while driving.
While cell phones may help us be more productive, distracted driving not only increases the crash risk for employees, but also could result in liability for the employer. Under the doctrine of respondeat superior, an employer may be held legally accountable for the negligence of its employee, if the employee was acting within the scope of his or her employment at the time of a driving accident.
Courts have also been fairly liberal in determining what constitutes “acting within the scope of employment.” They have imposed liability in crashes involving personal cell phones and vehicles owned by employees, including accidents that took place outside of normal work hours.
With this in mind, it is imperative that businesses enact policies to prevent cell phone use while driving. At minimum, policies should include:
While following rules against distracted driving will help to lessen the risk of injuries, businesses may be concerned that total bans may decrease productivity, the impact on your bottom line is likely to be far less than the costs of injuries to an employee, and defending or settling a lawsuit.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!