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?
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 .
Photo courtesy of JP Valery (Unsplash.com)
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.
Prohibiting or limiting use of handheld and hands-free devices while driving
All employees, not just salespersons or other workers that travel regularly
All company vehicles
All company cell phones
All work-related communications – even in a personal vehicle or on a personal cell phone
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.
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know
In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
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.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
