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Today, if your employee uses his mobile phone during his driving time and then he is getting into a Car Accident Grand Prairie, things can be very bad. It is not only your employee who is liable if there is a personal injury; you or your company must share the responsibility.

The issue of the use of mobile phones is a hot debatable subject today. Some say that it can distract driver (thus resulting in accident), while others say that it is alright to use mobile phone while driving. The most common argumentation used by defense lawyer is that cell phone usage while driving provides the same distraction with a usual conversation with other passengers or when the driver is listening to the music. Nonetheless, some judges had made several decisions that approving the plaintiffs’ sue and granted them with huge compensations against people who are using mobile phones and then involved in a car accident.

Employer Liability: In a terrible economic situation, when job security is not the top priority and even the jobs are rare, employees will try whatever they could to impress the boss, including making a job-related calls while driving. It could be worse if the employer add up an enormous pressure to the employees. Nowadays, most jurisdictions have prohibited the use of cell phone while driving. But more importantly, phoning while driving can make the employees as well as the employer get a considerably big lawsuit when an accident happens and injures other person.

The defendant’s lawyer might aim to pass over the liability of his client to the employer. His argument might be well legitimated by the fact that the employer set up a heavy workload for the defendant when the accident happened. This huge workload forced the driver to make or receive phone calls while driving; this is the basis why the employer must also be liable. Directly or indirectly, the company has made the driver use his phone, which is the basic of vicarious liability. And severe bodily injury means that the employers must pay much money as compensation to the injured person.

Measures to Limit Employer Liability: The employer actually can avoid being liable in any accident that involves his on-duty employee by hiring a competent personal injury attorneys, especially those whose specialization is in car accident cases. The attorney can give preventive steps to make the employer free from all charge when his employees become bad on the street. These are the steps:

Step one: make a comprehensible policy which ban employees to use mobile phones while driving. This must be a formal rule, written by a lawyer with car accident expertise. Make sure that all employees understand and agree to obey this policy (the employees will have to sign the letter of agreement).

Next, print the copy of legal document that show the prohibition of the usage of mobile phones in certain states. This way, your employers will know the danger and lawsuit potential if they still do that.

Step three: Require your employees to sign an agreement letter that will free your company from any charge if the employees disobey the company policy about the use of cellular phone while driving. This letter is better made by an attorney that specialized in personal injury cases.

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Apr072011

Tags: car, car accident, Trucks

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