The law

While every state has its own law on cell phone use and driving, most states allow lawsuits against those employers whose employees cause an accident while they are talking on their cell phones. Generally, the employee must be working in order for the employer to be held liable, but it typically doesn't matter if the employee is using a company issued cell phone – or their own.

Latest settlement figure is staggering

The latest settlement figure involving an auto accident that occurred when an employee was on a cell phone is staggering - $5.2 million. It involved an employer who paid the $5.2 million to settle a lawsuit after one of its employees allegedly ran someone off the road and later 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*), over 254 million people had cell phones as of February 2008. To put that in perspective, the number of cell phone users in 1990 was only 4.3 million. The CTIA study says that there are two dangers associated with driving and cell phone use – including text messaging:

1. Drivers must take their eyes off the road while dialing.
2. People can become so absorbed in their conversations, that their ability to concentrate on the act of driving is severely impaired, jeopardizing the safety of vehicle occupants and pedestrians.

In fact, so many accidents occurred – and subsequent lawsuits filed – that five states, California, Connecticut, New Jersey, New York and Washington now ban handheld cell phone usage while driving altogether.

The CTIA study is published on the Insurance Information Institute's website at www.iii.org/media/.

If you've been injured in an automobile accident and the other driver was using a cell phone, contact an attorney to discuss your situation. Consultations are free, without obligation and strictly confidential. Click here to contact a qualified car accident attorney.