Justice Speaks Podcast Episode #2

Distracted driving is a major safety risk—and a costly liability for businesses. If your company allows employees to use phones while driving, even hands-free, you could be held responsible for the consequences. Multi-million dollar lawsuits have proven that companies without strict policies are vulnerable.

What Is Distracted Driving?

Distracted driving includes manual, visual, and cognitive distractions. From changing the radio to texting or taking a call, anything that takes a driver’s focus away from the road increases the risk of a crash. In 2012 alone, distracted driving led to 3,328 fatalities and 410,000 injuries in the U.S.

The Hands-Free Myth

Many believe using a hands-free device is a safer alternative to holding a phone while driving. However, research shows that any phone conversation—whether hands-free or handheld—is a significant cognitive distraction. Unlike talking to a passenger who can react to road conditions, a phone conversation removes the driver’s full attention from the task of driving.

Multi-Tasking Is a Dangerous Illusion

Science confirms that multi-tasking is a myth. The human brain does not perform multiple tasks simultaneously—it rapidly switches focus between them. This means that when drivers attempt to talk on the phone while driving, their brain is not fully focused on the road, increasing the risk of accidents.

Lawsuits and Corporate Liability

Companies have already faced massive lawsuits for distracted driving incidents involving employees:

• $21.6 million – Technology company, 2007 (FL)
• $21 million – Soft drink company, 2010 (TX)
• $16.1 million – Lumber distributor, 2001 (AR)
• $18 million – Commercial transport company, 2008 (MO)
• $2 million – Paper company, 2007 (GA)

Even businesses that had policies allowing hands-free phone use have been held liable. Juries consistently rule that companies are responsible for their employees’ actions behind the wheel.

What Businesses Are Doing to Protect Themselves

Recognizing the risks, major corporations such as Shell Oil, BP, DuPont, and Time Warner Cable have banned all employee phone use while driving. The National Transportation Safety Board (NTSB) has also called for a nationwide ban on cell phone use behind the wheel. Companies that have implemented such policies report no reduction in productivity and, in many cases, a decrease in crashes and property damage.

Creating a Culture of Safety

A strong company policy banning all phone use while driving is just the first step. Leadership must model safe behavior and educate employees on the dangers of distracted driving. A comprehensive approach not only protects employees but also reduces liability, protects the company’s bottom line, and ultimately saves lives.

What steps has your company taken to combat distracted driving liability? Share your thoughts in the comments.

Additional Resource

Looking for a fleet education program on creating a traffic safety culture in your business? Check out the training program by JSI HERE.