Drivers who are on cell phones while on the road in construction company vehicles may be letteing their employers in for major legal liabilities if there is an accident, an Atlanta attorney advises.
"Beginning about 10 years ago, plaintiffs’ lawyers started filing lawsuits seeking damages for accidents caused by drivers using cell phones. Creative lawyers started going after the driver’s employer — and they hit the jackpot," David Whitlock, a partner at Elarbee Thompson in Atlanta and an expert in employment law and compliance training, writes in forconstructionpros.com.
"Using technology devices is more and more important to getting business done efficiently and profitably. But, using them while driving can create a 'bet the company' risk of liability. Best advice: Prohibit distracted driving," Whitlock advises.
The place to begin is with a written driving policy that bans cell phone use on the road and that all employees – including the owner – sign for having been given, he says.