Vicarious Liability Should Prompt Revisions In Corporate Electronic Use Policies

Wednesday, January 27, 2010 by Lori Dean
If you will remember, Webster's Dictionary's Word of the Year for 2009 was Distracted Driving. It is more than just a buzz word however. Lately, an increased conversation has arisen on the number of possible "vicarious liability" lawsuits that could be filed by victims of careless drivers using company issued cell phones or other devices such as laptops.

So with that in mind, here is the question. How do companies make sure that their employees don't use their devices while driving? Well, some companies assume their employees "already know not to." Some companies have a written policy for cell phone use, politely suggesting that employees comply. But as a parent, I know the difference between asking someone to do something and it actually being done. That difference is called enforcement.

Enforcement for companies will need to be more sophisticated than a finger shake and a stern voice. The temptation to use technological devices such as laptops and cell phones is too high in vehicles where the driver is "multi-tasking" in traffic. Asking users to simply not use their laptop or phone is fine, but if asked, how many of your employees would admit that they still use devices on a regular basis, especially since they assume they won't be caught or have an accident as a result. I think you'll be surprised. Plus, unless you have formally presented written policy in conjunction with a verbal summation, some employees may not even know that the policy exists.

What now then? Having a written policy in effect must be joined with proper enforcement. Tech devices need tech solutions to ensure enforcement. For laptops, that solution is called ScreenSafe.

Screen Safe is distracted driving software that works by disabling access to a laptop screen when the GPS unit detects that the vehicle is moving. Once the vehicle has stopped or safely parked, normal functions resume. There are several other features to note such as law enforcement compliance logs, (ability to show a police officer exact times your laptop was disabled) occasional quick peeks at your screen if needed. Also ScreenSafe records data alerts of speeding, GPS device unplugging and even more features which demonstrates that ScreenSafe is a full-featured, affordable way to enforce policies and laws and avoid distracted driving lawsuits by avoiding disracted driving accidents altogether. With ScreenSafe, you have eliminated the distraction and allowed the driver to regain focus on the road.

Here is an interesting article from a worldwide financial services firm that sparked my thinking on this topic again.
 
We feel like we are ahead of the curve in the distracted driving conversation since the foucs seems to mainly be on cell phones currently. After deeper investigation, I believe the conversation will include laptops simply because such a large number of employees are being issued company owned units and those drivers aren't getting less distracted anytime soon.

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