Texting while driving

Illinois will soon become the 17th state to ban texting while driving.  A recent study found that texting dramatically increases the likelihood of an accident or near accident and impairs the attention of a driver.  Texting appears even more dangerous that using a mobile phone although studies have found dramatically decreased driving ability among mobile phone users as well.  At least one study found that drivers using a mobile phone performed similarly to drivers who were impaired by alcohol.  Hands free devices did not impact the driver performance.  Using a phone with or without hands free made the driver less responsive to the conditions on the road.  

The National Safety Council recently called on legislators and businesses to stop the practice of talking on the phone or texting while driving.  There is little question that using a phone or texting can impact driver performance which can impact the bottom line of a business or their insurer.  The Harvard Center of Risk Analysis estimated that cell phone use while driving contributes to 6 percent of crashes which equates to 636,000 crashes, 330,000 injuries, 12,000 serious injuries and 2,600 deaths each year.  It is unclear whether that includes use of the phone for texting as well.

An accident which occurs when an employee is using a phone for business may also implicate the employer. The driver may be acting in the scope of their employment which may give rise to liability even if the driver is in their own car.  This may trigger the employer's insurance coverage or result in exposure for the company directly. Questions such as where the driver was going, who they were talking to, who pays for the phone, who initiated the call and the purpose of the call must all be examined.  

The use of a phone to call or text while driver certainly affects the ability of the driver to operate the vehicle safely.  States are responding to the data and businesses may soon follow by prohibiting drivers in company cars from calling or texting while driving or prohibiting employees from making business calls while driving.  

When a negligent driver was using a phone at the time of an accident questions must be answered to determine whether an employer may also be held responsible for the negligent conduct.