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It was recently reported in the news that a University of Texas football player was treated for injuries after his vehicle struck an apartment building while he was either sending or receiving a text message. Fortunately, the football player was not seriously injured in the accident.
On June 19, 2009, Governor Beverly Perdue signed a new state law which bans texting while driving. North Carolina became the 14th state to ban individuals from texting while operating a motor vehicle. In addition to texting, the law also prohibits using any technology that provides access to a camera, electronic mail, music, the internet, or games while operating a vehicle on a public street or highway. The law becomes effective December 1, 2009.
In addition to the safety of its employees and the fact that it will now be against the law in North Carolina to use certain mobile telephone technology while operating a motor vehicle, employers also need to be concerned about potential civil liability arising out of automobile accidents. For these reasons, employers should consider having a comprehensive written policy in regard to the use of electronic communication technology by its employees while they are operating a motor vehicle within the course and scope of their employment. If employers decide to have such a policy, it should be properly communicated to all of their employees and consistently enforced.
© 2009 Poyner Spruill LLP. All rights reservedAbout the Author
