No Matter the Vehicle, Sending Text Messages While Driving Increases Risk of Accidents, Warns New York Auto Accident Lawyer

Sunday, 07 June 2009

As auto accidents increase, more companies are banning employees from using their cell phones while driving, an act praised by New York car accident lawyer David Perecman.

New York, New York - June 7, 2009 - Stirring the pot in recent headlines lately was the story of the Boston trolley accident that injured 49 people after the driver ran a red light while texting on his cell phone. The very next day the transit authority banned its drivers from even carrying a cell phone or any other electronic device.

New York auto accident lawyers have long known that sending text messages while driving is one of the surest ways to increase the risk of a vehicular accident. Now, as auto accidents increase, businesses are also taking notice and increasingly prohibiting workers from using cell phones to conduct business while driving. Potential risks to corporations include employer liability for accidents involving employees using cell phones, especially in cases where employers encourage or demand cell phone use for work while driving. Under the doctrine of vicarious responsibility, employers may be held legally accountable for the negligent acts of employees committed in the course of their employment.

New York auto accident lawyer Perecman agrees with the ban. "Whatever sensible policies can help keep the roads safe while potentially lowering the cost of insurance for the employers are policies every company with employees who use cars or trucks at work ought to implement."

For this New York car accident lawyer, using cell phones while driving, also calls into question the understanding of drivers and whether they know that their actions are jeopardizing the safety of vehicle occupants and pedestrians. Surveys indicate that nearly every driver - an impressive 98 percent - considers him or herself a safe driver, but auto accident lawyers know that this is clearly not true in practice.

Increased reliance on cell phones has led to a rise in the number of people who use a cell phone while operating a vehicle. There are two dangers associated with driving and cell phone use, including text messaging. First, drivers must take their eyes off the road while dialing. Second, conversations demand continuous concentration that impairs the ability to concentrate on the act of driving. In fact, inattentive driving accounted for 6.4 percent of crash fatalities in 2003, according to the U.S. Department of Transportation in a report featuring the latest data available.

"Clearly, using a cell phone while driving is a risk to employees and those they share the road with. Employers who ignore this fact will increase the liability risk they face as a result," says top New York auto accident lawyer Perecman.

About David Perecman and The Perecman Firm, PLLC:

For the past 25 years, the New York auto accident lawyers, personal injury, construction accident and medical malpractice lawyers at The Perecman Firm, PLLC have championed all types of cases for auto accidents. David Perecman, founder of the Firm, is the current Secretary of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition".

The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.

*later settled while on appeal for $7.940 million
** later settled for $3.5 million
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