Unfortunately, cell phone accidents cause more than physical and emotional damages. Driving while dialing, having a conversation, or texting caused 6,000 deaths in 2008 according to the National Highway Traffic Safety Administration. In 2005, there were 2,600 cell phone car accidents, meaning, cell phone related deaths more than doubled during the course of thirty-six months.
Car accidents related to cell phone usage are not the only events on the rise. Injured parties are now seeking damages from the at-fault driver at a higher rate than ever. And, if the at-fault driver happened to be on the clock when the accident occurred, the victims almost always seek damages from the employer. With cell phone usage increasing in the workplace, litigation in this area is definitely on the rise.
The law
While every state has its own laws pertaining to cell phone use while driving, most states allow lawsuits against employers whose employees cause an accident while talking on a cell phone. Generally, the employee must have been working when the cell phone accident occurred in order for the employer to be held liable. However, it does not matter if the employee was using a company issued phone or his own. A good example is a train conductor or bus driver that foolishly talks on his or her cell phone while driving. If the driver causes an accident, he will be held personally liable for the accident along with his employer.
Latest settlement figure is staggering
The latest settlement figure involving an on-duty distracted driver is staggering. The $5.2 million settlement involved an employer that settled a lawsuit after one of his employees ran a motorist off the road while on duty and while using a cell phone. The accident resulted in damages so severe, the victim had to have her arm amputated.
The dangers of cell phone usage and driving
According to a recent study from the Cellular Telecommunications & Internet Association (CTIA), there were more than 254 million cell phone users in 2008. In 1990, there were only 4.3 million. The same CTIA study suggests that there are two dangers associated with driving and cell phone use:
Whether dialing or texting, drivers must take their eyes off the road for several seconds. In fact, texting takes your eyes off the road for an average of 4.6 seconds out of 6. It only takes a split second for the environment to change, which can result in an accident within seconds. Having a conversation and driving means that all of the drivers attention is not on the road ahead of him. Driver’s can become so absorbed in a conversation that the ability to concentrate on driving becomes severely impaired. This jeopardizes the safety of all vehicle occupants, pedestrians, and other drivers on the road
In response to the millions of accidents caused by cell phones and the thousands of lawsuits waiting to be settled, five states do not allow cell phone use (not even hands-free) while driving. California, Connecticut, New Jersey, New York, and Washington have banned cell phone use while driving altogether.
If you have been injured in an automobile accident and the other driver was using a cell phone, contact an attorney to discuss your case. Consultations are free, without obligation, and strictly confidential.