Texting While Driving – Don’t Do It. You and Your Company’s Liability

Late 2009 and having gone into effect January 1, 2010 many states have enacted regulations regarding texting while driving.  Without a doubt, the laws being enacted are designed to be tougher on all devices that can take away your attention rather than drive.  Everything from GPS devices, requiring hands-free devices or even prohibiting ANY driver under the age of 21 from using ANY devices while driving are being written into a number of state laws.

Texting and Driving is a BAD idea

Texting while driving is becoming more and more a concern for states.

Within the US alone, we sent over ONE TRILLION SMS text messages each year, and we know that some portion of those messages were done while operating some kind of heavy machinery.

There are legitimate reason for concern, according to Mobile Enterprise Magazine, they report that The National Highway Traffic Safety Administration (NHTSA) indicated that nearly 6,000 people died in 2008 in crashing involving a distracted or inattentive drivers, more than 500,000 were injured according to the US  Department of Transportation.

Depending on your state, the punishment can be extremely severe.  If you cause an injury or death while texting and driving, the penalty can be a fine up to $10,000 and up to 15 years in jail.  Yes, 15 years.  Inevitably, we will see legislation enacted in most, if not all states.

Let’s face it, we ALL have been lucky regarding the mobile devices we use in cars.  Have you ever been distracted with the Blackberry buzzing on your console because of the SPAM email you just received, or have you ever scrambled to answer that phone in your pocket or purse?

While we are NOT lawyers, we recognize that if you as an individual or you as a company have employees using mobile devices and don’t take matters into your own hands, you or your company could be liable for any accidents or injuries your employees may cause.

Here are some precautions you need to take RIGHT NOW in order to protect you/your family/your company from being involved in the death or injury of someone due to mobile device usage:

As an individual

1.  NEVER respond to a text while driving.  Never, never, never, never do it.

2.  Be a role model for your kids and don’t practice behavior you wouldn’t want them doing – BONUS TIP – I know what you’re thinking, it doesn’t matter if you’re a more experienced driver than they are, they will do what you do NOT what you say.

3.  While not practical, turning off your phone while driving will stop any problems whatsoever.

4.  NEVER operate your mobile device during heavy traffic or hazardous weather.

5.  Use the speakerphone/a headset on your mobile device when in the car if that is legal in your state.

6.  Do NOT make calls if you are emotional.  Why?  How would you like it if the teenager behind you just had is girlfriend break up with  him to start dating the quarterback at school?  Or if you were just laid off from work and you want to give your ex-boss a piece of your mind?

7.  Speed dial for frequently dialed numbers.  It’s never a good idea to take your eyes off the road, but if you HAVE to dial, it’s better than having to look at the screen.

8.  If you have to talk while driving, dial when your car is stationary.

If your company is responsible for employees using vehicles:

1.  What is your written cell phone policy on mobile devices while driving?  If you don’t have one, do it NOW.

2.  Consider providing a speakerphone that automatically syncs up with a mobile phone when entering a company vehicle.

3.  Enforce a 100% policy and let your employees know that this is a serious policy.  If you don’t take it serious, they won’t either.

Be safe out there people, your cell phone isn’t meant to be a dangerous tool, but don’t be the one to find out it is.

  1. Based on Ashlei’s comment below furthers my argument, that banning is only 1 part of the solution. We must provide a solid alternative, that will satisfy our need to communicate at any given moment. Let’s just do it responsibly.

    “I don’t think it’ll stop people from texting,” said Ashlei Smith, of Bourbonnais. Smith could say this in earnest
    because she had a car crash in May while texting, but stated that she does not plan to curb her texting.

    Can you help spread the word—
    I see tons of sites talking about the problem, but I have not see any offering solutions other than banning. We know that instituting bans will have some effect, but I say let’s provide an alternative. So lets use technology to combat technology… check out this youtube video http://www.fi-voice.org or visit http://www.fdi-hands-free.com

  2. Benny says:

    Regardless of what people decide to practice, its YOUR responsibility to act properly and keep your eyes peeled for those who decide to be less responsible. I think that at some point there will be mandates from all states addressing this issue. Here in Colorado, I just got off the roads and I can’t tell you how many people I saw looking at their phones – its snowy, icy and slick right now, that is just plain trouble waiting to happen.

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