January 18, 2010 - Statistics are staggering and show that holding a cell phone and talking, texting, or surfing the web while driving are at least as dangerous as drinking and driving, and that employers are liable when their employees are distracted by the use of cell phones while driving.
This four-part series will discuss 1) Teen texting and driving; 2) Staggering statistics; 3) How to keep teens from texting while driving; and 4) What every business should know.
Lawmakers and other government officials have recognized this danger and have enacted laws and regulations to curb cell phone use while driving.
But, according to Matthew Howard, that isn’t enough.
That’s why ZoomSafer, an innovative software solution for employers, is launching the commercial version of its smartphone software to offer employers a simple and affordable solution.
While ZoomSafer software can be used by anyone, including parents and teens, Howard is focusing today on employers.
ZoomSafer seamlessly integrates the use of hands-free services so users can make and receive calls in a safe and legal manner.
ZoomSafer suppresses inbound texts and emails and can automatically reply on your behalf informing others that you’re driving and that you’ll get back to them once you reach your destination.
Howard said, "The software is not crimping my style any and I don't feel disconnected while I'm driving."
The greatest benefit of this software is preventing employees from becoming distracted by cell phone use while driving, especially while making business calls, keeping not only the employee safe but other innocent drivers safe as well.
And that’s something every employer should think about.
Case law clearly states, according to Michael Wagner, a third-year law student at George Washington University, and Matthew Howard, Founder and CEO of ZoomSafer, that employers are liable for the distracted driving of their employees while using any cell phone.
The ZoomSafer Distracted Driving Corporate White Paper states it is very difficult to convince a jury that an employee who was using a cell phone or other mobile device at the time of an accident was not negligent.
Employers can even be held liable if an employee is outside the scope of employment at the time of the accident if the employer provided the employee a cell phone or expected/permitted the employee to make use of the cell phone while driving.
In the case of Bustos v. Leiva & Dyke Industries, a $21 million dollar verdict was won by an elderly woman who was hit by a truck whose driver was using a cell phone at the time of the accident. Though he initially denied using his phone, cell phone records clearly showed he was using his phone at the time of the accident.
Your feedback about this issue are welcome in the comments section below.
Part 1: Texting, surfing, and driving don’t mix: Technology to stop teens from unsafe cell phone use
Part 2: Texting, surfing, and driving don’t mix: ZoomSafer and Pew Researchs' Staggering statistics
Part 3: Texting, surfing, and driving don't mix: How to keep teens from texting and driving
Part 4: Texting and driving don't mix: What every business should know
Comments