A recent survey conducted by Travelers insurance found that 4 in 10 drivers conceded they use a phone while they are driving, usually because they feel compelled to be available for work at all hours and/ or they don’t want to upset their boss.
Of the 43 percent who are on their phone while behind the wheel:
- 38 percent were talking on the phone;
- 17 percent were texting
- 10 percent were emailing
Of those who admitted they were engaged in work-related communication while driving, more than half were between the ages of 18 and 44. The Washington Post reports the survey was intended to analyze the common practice of people using their personal vehicle for work. Of those who responded, three-fourths said they use their own personal vehicles for some work-related function, outside of simply traveling to and from the office. This raises an interesting legal question with regard to liability for resulting crashes because someone who is acting in the course and scope of employment at the time of a crash could be eligible for workers’ compensation benefits. Additionally, if the employee was found to be at-fault, the company could be vicariously liable to pay damages to the injured victims under a legal doctrine known as respondeat superior. Continue reading →