Vicarious liability for distracted driving?

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"Distracted driving" may have been Webster’s Dictionary’s "Word of the Year" for 2009, but in 2010, businesses that provide their employees with mobile devices should keep a related phrase in mind: "vicarious liability."

According to risk prevention specialists at Zurich Services Corporation, employers could be held vicariously liable if they permit employees to use particular technologies while driving. This could include operating a company-owned cellular phone or mobile device while driving.

Since 2001, a growing number of jury awards have illustrated that businesses could be forced to pay the price for employees’ distracted driving.

Jim Noble, Zurich’s Line of Business Director for Motor Fleet says that companies themselves—large and small—are now threatened if suddenly they’re faced with a hefty lawsuit caused by an employee’s negligence with an electronic device.

Zurich recommends that businesses create an electronic usage policy.

"We recommend that a prudent practice for every company to consider is developing an electronics usage policy and implementing it uniformly to help proactively manage this risk in their operations where physical exposures exist,” said A.V. Riswadkar, Product Liability Director.

Guidelines for creating an electronic usage policy include:

• Restricting use of all types of technologies (cell phone, Blackberry, laptop, MP3 player) in the company distracted driving policy

• Prohibiting use of non-work related technology gadgets in non-office work areas to help minimize distractions and other safety-related hazards

• Enforcing rules consistently and fairly with all employees   While electronics usage policies by themselves do not guarantee success in preventing risks associated with distracted driving, they may help reduce exposure and, more importantly, send a clear safety message to employees.  

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