Katy, TX accident attorneys note that over 90% of Americans have a cell phone subscription. Nationwide Mutual Insurance Company said in 2008 that of those cellular subscribers, more than 80% talk on their cell phone while driving. Almost 20% of them send texts while driving. Those numbers date from three years ago. Chances are good that these percentages have increased.
A company that develops cell phone software designed to encourage safe driving habits, ZoomSafer Inc. says that only about 62% of companies have adopted policies to prohibit employee use of cell phones while driving. But only about half of those companies actually take action to enforce those policies.
Of those companies that enforce their policies, more than 60% discipline employees who violate the prohibition only AFTER an accident involving cell phone use has already occurred. Only 2% of the companies use technology to try to prevent employee use of cell phones while driving.
Around 8% of companies surveyed by ZoomSafer said they have experienced litigation resulting from injuries possibly caused by employee use of cell phones while driving. In companies that employ more than 5,000 drivers, the percentage of companies experiencing litigation from such claims rises to almost 40%.
Clearly, employee use of cell phones while on the job isn’t a rare occurrence. And if you’ve suffered an accident caused at least in part because a company’s employee was using a cell phone at the time of the wreck, you’re not without recourse. You and your Katy, TX accident attorney can join the numbers of injured victims who’ve sued the employing company for their liability in the matter.
Your Katy, TX accident attorney could use the theory of “respondeat superior” or vicarious liability. The theory holds the company liable for employee actions for which the company bears some responsibility. Where the company lacks a policy regarding employee use of cell phones on the job, or fails to seriously enforce such a policy, your skilled Katy, TX accident attorney could use his knowledge and experience to obtain financial recompense for your accident injuries from the responsible employer.
The outcome of the vicarious liability claim hinges on two primary factors.
- Was the company’s employee using a cell phone at the time of the wreck?
- Was the company’s employee using the cell phone for business purposes? (This could include things like returning client calls, making sales calls, arranging delivery logistics, or discussing company business.)
If a company’s employee has injured you in an accident caused at least in part by employee use of cell phones on the job, contact the experienced Katy, TX accident attorneys at Denena & Points for a free legal consultation. In your free initial consultation, we could discuss the facts and circumstances of the accident with you, explore your various legal options, and discuss possible case outcomes with you. Call today; it’s free!