Inter Law – Should Employers Pay

Should Employers Pay We should all know by now that certain things are illegal to do while driving. Some of them we agree with and some of them we don’t. While driving you can’t belt down shots of whiskey for every red mini you see and you can’t talk on your mobile phone. The former is a unanimously loved rule and the latter isn’t, by any stretch of the imagination, but scientifically they’re just as dangerous as each other.

That’s right; you are just as inattentive when talking on a mobile while driving as you would be if you were drunk. It seems counter intuitive but having a sober phone conversation with your mum is as dangerous as taking mind altering drugs but, so long as in both cases you’re operating a heavy metal speeding vehicle, I’m afraid it’s so. Studies carried out by the AA Trust have shown that drivers are 4 times more likely to be involved in an accident while using a mobile phone.

We would justifiably vilify and hold responsible any business that sent out drunken employees to do work that involved driving but would we feel the same way about a company that expects employees to conduct phone conversations while on the road?

It’s a tough question to answer, but Personal Injury Lawyers are emphatically saying “yes!” and are willing to reach into employers deep pockets to compensate their clients if they can.

Mobile phones have provided for fantastic business opportunities and allow work to be carried out in a far more flexible and dynamic way. However, some of this business is being done in inappropriate places such as a moving car.

Vanessa McGrogan was on her company proivded phone when she failed to notice a car in front of her an a collision ensued. A $5.2 million settlement was reached for the accident in which a woman’s car was forced off the road and her arm was later amputated.

“The question is whether you’re doing the employer’s business [on a mobile],” said H.J.A. Alexander, attorney for Pamela Hunter, a hair stylist in America who seriously injured in a similar crash and paid $750,000 by Modern Continental Construction Co.

“My case was clear: The company provided the phone and she was on the job,” McArthur added.

“Sophisticated employers are saying, ‘We need a policy,’ ” said Atlanta attorney Stephen Schatz, who defended Modern Continental.”If you’re going to or from work [and you crash], your employer is not liable. But if you’re using the phone for business purposes — even with your own phone — [the business] can be held liable.”

In the UK it has been illegal to talk on a mobile phone while driving since December 2003, fines range from £30 to £1000 for your average motorist and maximum of a £2500 fine for drivers of vans, busses, trucks and other large vehicles. You won’t get any points but plans are underway to raise the fine and add three points to any license belonging to someone caught on a mobile phone. The only calls you are allowed to make are emergency 999 calls and calls made using hands free sets. Although there are some side effects caused by this law as it requires drivers to be in control of their vehicle at all times. This means that the police can pull you over and issue you a fine if they see you distracted by things like eating a sandwich, shaving, or drinking from a bottle while driving.

While these fees may be stiff they are nothing when compared to the penalties for driving while drunk and in some way the government is sending out a mixed message on the dangers involved. In the meantime, however, Personal Injury Lawyers are keen to hammer home the point.

Related Articles

personal injury
Personal Injury Claims solicitors Our panel has leading personal injury solicitors who have years of experience under their belt,……Read More

instant injury claims
Personal injury claims We have an elite panel of personal injury solicitors who are all members of the law……Read More

making personal injury claims
Making a personal injury claim Thousands make a compensation claim every month after being involved in an accident which……Read More

Related News

Woman pays compensation in glass attack
A Swindon woman has been ordered to pay compensation following her involvement in a pub glass fight last December.Kerry Ward must pay Jayne Hampson 350 in compensation after throwing three……Read More

Soldier awarded compensation following injury
A soldier has been awarded 25,000 in compensation following a training ground incident in which he suffered an injury. Daniel Brosnan was discharged from the army for the dislocated right……Read More

Suffolk man sues NHS Trust
An Ipswich man has secured a High Court writ against a local hospital due to medical negligence charges. Malcolm Wright lost a leg following a 2005 knee replacement operation, due……Read More

57)) event.returnValue = false;}function onlyAlphabetic(){//if ((event.keyCode < 48) || (event.keyCode > 57)) event.returnValue = true;if ((event.keyCode == 32) || (event.keyCode>64 && event.keyCode96 && event.keyCode 57)) || (event.keyCode == 32)) event.returnValue = true;//else event.returnValue = false;if ((event.keyCode < 48) || (event.keyCode > 57)) event.returnValue = false;}]]>
        Simply fill in the brief form below and one of our specialist claims advisors will be in contact with you very shortly. Name:
Accident Type: Please SelectRoad AccidentWork AccidentMedical NegligencePublic Liabilitytrip/SlipOther

Our solicitors are accredited by the Law Society

Irish Personal Injury Board looks to NZ
The Personal Injury Assessment Board (PIAB) has been looking to New Zealand for ideas on how to improve its current……Read More

Personal Injury reform on its way
Its what insurers have been waiting for, as the Government has set a date for the next stage of reform……Read More

Barristers speaks out over personal injury
Mathew Stockwell, a barrister, has spoken out in his capacity as board member of the Association of Personal Injury lawyers……Read More

Click Here To Read More News

RSS Feed

Inter Law is not regulated by the Department for Constitutional Affairs in respect of regulated claims management activities. We have no authorisation number and our registration is not recorded on the Department for Constitutional Affairs website

*Charges may be applicable in exceptional circumstances About Us :: Sitemap :: Contact Us :: Disclaimer :: Privacy Policy
Accident Claims :: Injury Lawyers :: Compensation Claims :: No Win No Fee :: Personal Injury Claims :: Whiplash Injury Claims
Work Accident Claims :: Medical Negligence Claims

© 2017 INTER Solicitors All Rights Reserved