Kansas Ban On Texting While Driving Begins July 1, 2010 - What Employers Can Do To Minimize Liability For Employee Texting While Driving
07/06/10
Effective July 1, 2010, Kansas law prohibits operating a motor vehicle on a public road or highway while using a wireless communications device to write, send or read a written communication. This new law restricting texting while driving has implications for employers in that it can create a presumption that an employee who has an accident while texting and driving was acting negligently, possibly triggering employer liability for employee negligence under theories of respondeat superior or vicarious liability.
Therefore, to minimize liability, employers should update their policies to address texting while driving. Policies should generally bar employees from texting while driving during working time or in connection with work-related purposes. In addition, employers who issue company cell phones or vehicles to employees should warn employees of the dangers of texting while driving and point them to the new Kansas law at the time the cell phone or vehicle is issued. Employers should also be cautious to avoid scheduling calls or texting employees at times when they know employees will likely be driving.
For more information, contact Richard Fritz or JJ Danker.
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