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Companies protecting themselves from liability for illegal cellphone use


Created: Tuesday, April 17th, 2012 04:01 pm

With recent legislation making it illegal for commercial vehicle operators to use  handheld cellphones while driving, many trucking companies are creating policies to support trucking safety and liability issues that can arise from violating the cellphone law, reported USA Today.

Drivers who  violate the new law could face fines of $2,750 for each offense. If they violate the law too many times, their commercial operator's license could be revoked. Companies whose employees violate the law could possibly incur fines up to $11,000.

In addition to stiff penalties for driver cellphone use, companies could be held responsible if distracted driving leads to an accident, according to the news source.

"They have liability," Steven Bojan, senior loss control consultant for Hub International, told USA Today. "These plaintiffs are looking at cellphone use as a cause of crashes. If you're talking on the cellphone while driving for work (and cause a crash), it probably increases the company's liability. The best practice for many fleets is to have some form of distracted driving policy."

Statistics from the National Highway Traffic Safety Administration demonstrate the dangers caused by distracted driving, which include 16 percent of fatal crashes in 2009 involved reports of distracted driving and teen drivers are the most at risk when it comes to distracted driving.

With recent legislation making it illegal for commercial vehicle operators to use handheld cellphones while driving, many trucking companies are creating policies to support trucking safety and liability issues that can arise from violating the cellphone law, reported USA Today.

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