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.
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Corporate Consolidation and Antitrust Issues in Mergers
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Corporate Transactions: Best Practices for Successful Deals
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
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!
