Cell Phone Safety

For many of us, it’s hard to remember life before cell phones. Since they were introduced into the United States in 1983, the number of users has grown to more than 86 million. Cell phones are an invaluable tool for real estate professionals, who frequently need to communicate at odd hours with clients, customers, colleagues, lenders, appraisers, attorneys, personal assistants, spouses, and children.

There’s no denying that cell phones have made our lives easier. But when they’re mixed with another essential tool of the trade, the automobile, the combination can be deadly. Talking on the phone while driving has been shown to significantly slow reaction time and decrease steering precision. A 1997 study reported in the New England Journal of Medicine indicates that drivers using cell phones are four times more likely to have an accident. Surprisingly, these statistics don’t improve when drivers use hands-free phones.

There’s also evidence that drivers who engage in conversations requiring higher levels of thinking, such as negotiation, further increase their crash risk. Business calls that require writing down information, such as figures or addresses, are particularly hazardous.

Suits brought as a result of automobile accidents involving drivers talking on cell phones or retrieving dropped cell phones have resulted in substantial jury verdicts, reaching as high as $20.98 million. Lawyers now routinely subpoena the cell phone records to determine whether the driver was talking on the phone at the time of the accident. In a number of cases, the driver was shown to have been on a call immediately before dialing 911 to report the accident.

Although the driver of the vehicle will certainly be named in any litigation brought as a result of an accident that involves serious injuries or death, plaintiffs are also seeking to hold the drivers’ employers responsible if they can show a connection to the driver’s workplace.

In one case, a stockbroker was driving to a non-business-related dinner when he allegedly ran a red light and killed a 24-year-old motorcyclist who was the father of two young children. At one point the broker said he was using his cell phone to make cold calls at the time of the accident. The case named both the stockbroker and his employer. And fellow employees’ testimony indicated that making cold calls, even on personal time and on a personal phone, was often required of a stockbroker. Fearing a jury verdict against it, the stockbroker’s employer settled with the victim’s family.

Another recent case involved an attorney who was driving home late one night, allegedly making business calls from her cell phone, when she struck and killed a teenager walking along the road. The victim’s father filed a wrongful death suit seeking $30 million in compensatory and punitive damages and named the attorney’s law firm as one of the defendants. In ruling on preliminary motions, the court held that, as the employer of an attorney who caused an accident while making a business call, the firm could be held liable for the teenager’s death, even though the employer had done nothing wrong.

State and local governments are taking action to address the increased risk on their roads. New York is the only state that has adopted legislation, but at least 34 states are considering proposals that range from improving data collection on collisions involving cell phones to outright bans on cell phone use while driving.

Now many employers are adopting policies governing employees’ use of cell phones in the car. Some policies require that cell phones be turned off or prohibit employees from talking on cell phones while driving. Some companies place stickers on company-supplied cell phones warning that using the phone while driving is dangerous.

To reduce potential liability and help prevent accidents, brokers can:

Review insurance coverage to ensure it’s adequate. Review and solidify sales associates’ independent contractor status. The independent contractor status may help you avoid liability, though there are no guarantees. Consider adopting an office policy on the use of cell phones in cars. Warn salespeople and employees in writing of the dangers of talking on the phone while driving. Not using the phone while driving is the only sure way to avoid cell-phone related accidents. However, if your office policy permits use of cell phones while driving, here are some safety tips offered by wireless technology providers: Get to know your phone’s features, such as speed dial and redial. Memorize your key pad so you can speed dial without looking down. Keep your phone within easy reach, so you can grab it without taking your eyes off the road. Stop talking when you encounter hazardous conditions, such as heavy traffic or bad weather. You might increase your productivity by making business calls on the way to your next appointment. But it’s important to balance that benefit against the risk you take when you use your phone behind the wheel.