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11 Major Lawsuits Involving Employee Distracted Driving
 

11 Major Lawsuits Involving Employee Distracted Driving

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Employee mobile phone use while driving can cause serious financial and legal problems for employers. Presented by ZoomSafer, this ebook examines 11 major lawsuits brought after employee cell phone ...

Employee mobile phone use while driving can cause serious financial and legal problems for employers. Presented by ZoomSafer, this ebook examines 11 major lawsuits brought after employee cell phone use while driving on-the-job caused serious vehicle crashes.

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  • wow. this just goes to show how important safe driving is. Check out http://igg.me/at/textkills/x/3819818 ... we are making a documentary exploring the science, psychology, technology, and laws of distracted driving. We need support to make this happen!
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  • My name is MH, I am the founder and CEO of ZS where we develop software and services for commercial fleets to promote safe and legal use of smartphones and tablets while employees are driving on the job. We’ve partnered with PHH to offer our products as part of the PHH platform and I am thrilled to be here today to introduce you to our work together and answer any questions you might have.I am a big fan of interactive presentations, therefore, I am going to start by asking all of you a few quick questions. By show of hands:#1. How many of you have ever been distracted by a mobile phone while driving and as a result have had a crash?#2. How many of you have ever been distracted by a mobile phone while driving and as a result have had a close call?Take a look around. This a fleet management and safety crowd – and that’s a ton of risk just waiting to happen…

11 Major Lawsuits Involving Employee Distracted Driving 11 Major Lawsuits Involving Employee Distracted Driving Presentation Transcript

  • 11 Major Lawsuits Involving Employee Distracted DrivingCourt Cases Establishing Employer Liability for Employee Mobile PhoneUse While Driving
  • ABOUT THIS EBOOK Presented by ZoomSafer, this eBook highlights: • A dozen lawsuits arising from vehicle crashes caused by employee use of mobile phones while driving which resulted in serious injury and/or death • Why employers must promote safe, legal and responsible use of mobile phones to reduce distracted driving risk and liability For more information on employer liability, view these distracted driving resources. © ZoomSafer 2012. All rights reserved.
  • CASES BY EMPLOYER • Coca-Cola USA - Beverage Manufacturer • Dyke Industries - Lumber Wholesalers • Holmes Transport, Inc. - Long-haul Trucking • International Paper - Pulp & Paper Manufacturer • CableOne - Utilities Provider • Salomon Smith Barney - Brokerage Firm • State of Hawaii - State Government • City of Palo Alto, CA - Local Government • Prince George’s County of Maryland - Local Government • Cooley Godward - Law Firm • Beers Skanska - Construction • + 1 – Employer Unknown © ZoomSafer 2012. All rights reserved.
  • COCA-COLA USABEVERAGE MANUFACTURER 1 Policy Status • Hands-free cell phone use while driving only Incident Description • In 2010, an employee on a mobile phone call while driving a company vehicle struck the plaintiff’s vehicle and seriously injured her • The employee was using a hands-free device for the call, in compliance with company policy2 Outcome • Jury awarded $21 million in damages to plaintiff Vanice Wilson in 2012 © ZoomSafer 2012. All rights reserved. Image via Coca-Cola. 1: KIII TV. 2: Caller.com.
  • DYKE INDUSTRIESLUMBER WHOLESALERS Policy Status • Unknown Incident Description • Employee driving a company-owned truck struck plaintiff’s vehicle and severely injured her • Employee first claimed he only used his cell phone after the crash to call 9-1-1. Cell phone records showed he had been on a call immediately prior to calling 9-1-1 – i.e. prior to the crash Outcome • Record $21 million verdict issued against company in 2001 • Company later settled for $16.1 million © ZoomSafer 2012. All rights reserved. Image via DykeInd.com
  • HOLMES TRANSPORT, INC.LONG-HAUL TRUCKING Policy Status • Unknown Incident Description • While driving a company truck, an employee caused a multi- vehicle collision that injured 12 people and killed 3 in 2008 • Employee admitted to failing to notice stopped traffic because he was distracted by reaching for his cell phone Outcome • $18 million verdict awarded to plaintiff Mark Tiburzi, who was injured in crash; over $6 million in damages awarded to estate of Charles Cason, who was killed in crash; and more than $700,000 awarded to several other plaintiffs • Holmes Transport, Inc. folded in 20081 © ZoomSafer 2012. All rights reserved. 1: St. Louis Post-Dispatch
  • INTERNATIONAL PAPERPULP & PAPER MANUFACTURER Policy Status • Hands-free cell phone use while driving only1 Incident Description • International Paper employee driving a company sedan rear-ended another vehicle, a crash which caused the plaintiff to have her arm amputated • Employee was using a company-issued cell phone at the time of the crash Outcome • International Paper settled with the plaintiff for $5.2 million in 2008 © ZoomSafer 2012. All rights reserved. image via Wikipedia. 1: Larkin Hoffman;
  • CABLEONEUTILITIES PROVIDER Policy Status • No policy in place1 Incident Description • In 2010, an employee driving a company service truck struck a stopped vehicle, killing two and injuring one • Immediately following the crash, the employee admitted to having been texting at the time of crash; phone records showed pattern of cell phone use while driving on-the-job Outcome • CableOne settled with the plaintiff for a confidential sum two weeks before trial © ZoomSafer 2012. All rights reserved. Image via CableOne. 1–Source: Workforce.com
  • SALOMON SMITH BARNEYBROKERAGE FIRM Policy Status • Unknown Incident Description • In 1995, an employee driving and talking on a personal cell phone struck and killed a 24-year-old motorcyclist • Plaintiff’s attorney alleged employer was not only vicariously liable as employee was making “cold calls” at the time of the crash, but also directly liable for encouraging employees to make such calls while driving Outcome • Salomon Smith Barney settled with plaintiff for $500,000 in 1999 © ZoomSafer 2012. All rights reserved. Image via Wikipedia
  • STATE OF HAWAIISTATE GOVERNMENT Policy Status • Unknown Incident Description • Hawaii public school teacher, using her cell phone while driving to work, struck and severely injured a pedestrian in 1996 • Court ruled employee was within scope of employment at time of crash Outcome • State of Hawaii held vicariously liable and ordered to pay 20% of $7.5 million in damages • $1.5 million paid by State of Hawaii following appeal © ZoomSafer 2012. All rights reserved. Image via Wikipedia
  • CITY OF PALO ALTO, CALOCAL GOVERNMENT Policy Status • Unknown Incident Description • City worker rear-ended plaintiff at a red light, leaving plaintiff seriously injured • Employee was allegedly reaching for his cell phone at the time of the crash Outcome • City of Palo Alto settled out of court with plaintiff for $1.5 million © ZoomSafer 2012. All rights reserved. Image via Wikipedia
  • PRINCE GEORGE’S COUNTY OF MARYLANDLOCAL GOVERNMENT Policy Status • Unknown Incident Description • Off-duty county police officer driving a police cruiser collided with a college student’s car and killed him in 2007 • AT&T representative testified at trial that county employee either received or sent a text message immediately before the crash1 Outcome • $4 million jury verdict issued against Prince George’s County in 2009 © ZoomSafer 2012. All rights reserved. Image via Wikipedia. 1–Source: DiamondbackOnline.
  • COOLEY GODWARDLAW FIRM Policy Status • Unknown Incident Description • Employee struck and killed a 15-year-old with her car in 2000 • Employee was talking to another lawyer on her mobile phone at the time of the crash Outcome • Cooley Godward settled for an undisclosed sum in 2004 • Though crash occurred outside of normal time of attorney’s employment (10:30pm), court held Cooley Godward vicariously liable because the phone call was work-related © ZoomSafer 2012. All rights reserved. Image via Wikipedia (Cooley LLP formerly Cooley Godward LLP
  • BEERS SKANSKACONSTRUCTION Policy Status • No formal policy in place1 Incident Description • Employee struck plaintiff’s stationary car, injuring plaintiff • Employee was reaching for a mounted, hands-free company-issued cell phone to check voicemail at time of crash • Company claimed employee was not on the clock at time of crash, while plaintiff’s attorney argued the company was liable as the phone was company-provided Outcome • Beers Skanska settled for $4.75 million, 4 days into the 2004 trial © ZoomSafer 2012. All rights reserved. Image via Skanska.com (formerly Beers Skanska). 1: The Voice Report.
  • + 1 – EMPLOYER UNKNOWN Policy Status • Unknown Incident Description • Sharon King was driving a company-owned Chrysler Pacifica when she struck and killed two bicyclists in 2007 • Cell phone records and a witness statement indicated that King had been on a phone call at the time of the crash Outcome • King’s employer’s insurance carrier settled with the estate of one bicyclist for $2.5 million in December 2009 and with the estate of the second bicyclist for $4.9 million in February 2010 © ZoomSafer 2012. All rights reserved. 1:The Daily Reporter
  • Download & Share This eBook http://zoomsafer.com/distracted- driving-lawsuits-ebook