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What is my company's liability if my employee has an accident while using a cell phone?

Lawsuits are on the rise against employers for accidents caused by employees on a cell phone while driving. If cell phone usage is a part of the job, or if an employee is operating a company-owned vehicle or using a company cell phone, and if an employer fails to have and enforce a safety policy regarding cell phone usage, an employer may be liable for any accidents caused by a distracted employee.          

What can you do as an employer?  Enact a safety policy, signed by employees, governing usage of a cell phone while driving and enforce your policy!  Consider policies requiring hands free phones, or no use of cell phones while driving.

A good cell phone policy provides you no guarantee of avoiding a lawsuit, but it might just save a life and show that your company took reasonable measures to prevent accidents.


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