Cell phone use is growing at a staggering rate as over 190 million people used cell phones in the United States during 2005.  This amounts to 2 out of every 3 people using a cell phone.  As cell phone use has risen, the use of cell phones while driving has also risen to the point that now 40% of all cell phone use is by motorists.  It is hardly surprising that the combination of driving and cell phone use has lead to over 330,000 auto accident injuries and 2,600 deaths per year.  An employer may be liable for the cell phone use of his employee, which results in injuries to a third party depending on the circumstances.

If an employee uses his cell phone while driving, it increases the probability the employee will be involved in an accident.  An employer can be liable for injuries to a third party resulting from the negligence of an employee under the doctrine of vicarious liability if the accident occurs in the “scope and course of employment.”  This is a legal term of art with lots of room for skilled attorneys to disagree.  However, if an employer encourages the employee to use his cell phone while driving or knows the employee will use the cell phone while working, a court may find the employee is using his phone within the course and scope of his employment.  If the employer provides a cell phone to the employee with no policy prohibiting use of the cell phone while driving, a court may also find the employer liable.

Even if the employee is making a personal call, the employer could face liability for injuries resulting from an accident under Tennessee car accident law if the employer has provided the cell phone or knows the employee is using the cell phone during work related errands.  A Tennessee personal injury lawyer will seek discovery of a company’s policies and procedures regarding cell phone use in determining whether a driver’s employer should be named in a civil lawsuit.  Below is an illustrative list of policies that may be relevant to an employer’s liability.

• Written policy limiting or prohibiting cell phone use while driving
• Visible warnings on company cell phones and vehicles
• Policy requiring employees to pull over and stop when using a cell phone
• Mandate employees use hands free headsets
• Comply with all laws regarding cell phone use while driving
• Limit cell phone use to short brief calls
• Prohibit all personal calls
• Make employees sign a written policy regarding cell phone use with disciplinary consequences

None of these steps will necessarily prevent liability for injuries caused by an employee’s cell phone related Tennessee car accident.  The absence of such policies may be used by a Tennessee personal injury lawyer to establish that the employer did not take sufficient steps to prevent a cell phone related accident by his employee.  An employer in such a situation may have the “deepest pockets” and may be able to fully compensate an injured victim.   In a recent Florida case, a jury awarded a 78-year-old woman and her husband $20.98 million for injuries that left her on a ventilator for life based on evidence introduced at trial that the employee had been on his cell phone at the time of the accident.

The question of who may be responsible for compensating one who is injured in a Tennessee car accident where the other driver is distracted while using a cell phone can be complicated.  A qualified Tennessee car accident lawyer will be familiar with statutory filing deadlines and will seek evidence regarding a company’s policies concerning cell phone use by employees.  The Tennessee law firm of Nahon, Saharovich & Trotz, PLC, also known as NST, is the largest personal injury firm in Tennessee.  The firm has been recognized by Super Lawyers as one of the top 5% of law firms nationally.  If you or someone you love has been injured in a cell phone related accident, you should contact NST today.