Confidential settlement for E&M client severely injured by a distracted company driver…In East Texas, you can’t drive past a café in the early morning or at lunch without seeing dozens of company trucks in the parking lot. Chances are each driver, as well as all his passengers have a cell phone they are expected to use for business. We have found that many companies that give their employees cell phones also have a safety policy prohibiting cell phone use while driving. So what happens when “time is money”? Our experience shows it is a lot like BP—safety gets lip service after an injury but the risky practice continues. In a recent case, a lost, distracted company driver turned directly into the path of our client. When called upon to accept responsibility for its negligence, the company instead made excuses for his violation of company policies and blamed our client. After hundreds of thousands of dollars medical bills and a lifetime of future impairment, pain and more medical bills, the company and its insurers finally settled on the eve of trial. Fortunately for our client, her husband and her two daughters will be adequately compensated for their harms and losses. The research is overwhelming and it matches real life experience. If you text while driving, you are at the same level of impairment as a drunk driver (23 times as likely to cause a wreck). If you use the cell phone while you drive, you will eventually cause a wreck. Is your health and safety, the health and safety of your family and friends, or the health and safety of a perfect stranger worth the risk? Think about it. If you must talk pull over to a safe place to have your conversation. Your family will appreciate it as will your friends, neighbors, and the stranger you don’t hit. Do You Work For a Company With a Policy Against Driver Distraction?One large, multi-national, energy services company has a comprehensive policy against, not just cell phone usage but, all driver distractions. “Policy: The operation of cell phones or other electronic communication devices by the vehicle operator is prohibited when the vehicle is in motion. This includes ‘hands free operation…’ In addition to eliminating the use of cell phone and other electronic communication devices while driving, Employees and Contractors are encouraged to eliminate all other activities that may cause a driver to be distracted from the operation of a motor vehicle. Potential examples include but are not limited to the following:
Employees and Contractors are encourages to safely pull off the road in order to carry out any of the above operations.” Does your company publicize its driver distraction policy? If it’s not the subject of safety meetings or other company meetings, it doesn’t do much good. Does your company encourage enforcement of the policy or do they just give lip service to safety? If your employer doesn’t enforce the policy because it is inconvenient, ultimately you and your family may suffer.
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