Arizona has adhered to what is known as “vicarious liability” when it comes to employers and their employees who drive for them. What this means is that if employees in the “course and scope” of the activities relating to their employment cause an accident, they not only create liability for themselves, but for their employer as well. This sort of personal injury claim happens commonly when someone runs a stop sign, goes through a red light, or turns left in front of someone, and this type of simple negligence automatically makes the driver responsible. Arizona, however, makes the employer responsible for their employee’s actions while clocked in. In a similar manner, texting while driving – in cases when the person is employed by someone else – creates liability for the employer as well as the driver.
As an AZ personal injury law firm that does nothing but assist people after having suffered serious injuries in auto accidents and other accident injury situations, we encourage employers to immediately put into place a no texting while driving policy. The fear of losing one’s jobs, along with the potential legal ramifications, would help prevent such situations where a distracted driver causes a serious injury while text messaging.
Should you or anyone you know be a victim of someone who was engaged in distracted driving that resulted in a serious injury, please call us. As experienced Phoenix personal injury lawyers, we will be happy to explain your rights in relation to the driver, the driver’s employer, and any other person who may have contributed to the injuries suffered.
