Davis Law Group, P.S.

Can Employers Be Liable for Employees Talking While Driving?

Since there is a no hand-held device while driving law in Washington State, many questions have arrived. A question heard very often was, “if my employer needs me to be on my phone while driving, can my employer be held responsible?”

The answer is – you need to be responsible. If you know that you may be in a position where you usually have to talk on the phone while driving, you need to have (or maybe your employer should provide for you) a headpiece of some sort to talk on. Mobile companies have several options. Many employers perhaps, do not realize that you are driving if this is not communicated with them. However, it is very possible that the employer would be liable if this employee was in an accident while on a call with work – especially if the driver is currently on business travels and/or in a company car.

If the company wants to avoid a case such as this, they should have a company policy prohibiting cell phone use while driving which would help them in a lawsuit. Several courts have refused dismissing employer’s liability from cases that involved employees’ work cell phone use. The court also takes into consideration if the employee was off the clock at the time of the call.