Most restaurants owners need for employees to run errands or drive on their behalf from time to time. Food delivery is the big one but in truth employees run short errands to pick up supplies or visit the bank or post office quite often. As soon as your employee drives away, they take with them your potential liability for any damages that they cause while on that errand. Did you know that if your employee chooses to pass the time on the phone while they drive, then they are 4 times more likely to cause an accident? You wouldn’t let them do things inside your restaurant that are 4 times more likely to cause accidents so why should you allow this behavior when they are driving for you?
To understand just what is at risk here, take a look at a few recent high dollar settlements against companies whose employees were on the phone when they caused an accident. When a lumber salesman crippled a a 78 year old woman in an accident, the lumber company was forced to pay $16.1 million to settle the claim. A cable company employee rammed a stopped car at 71 mph, resulting in the death of a mother and her child That claim was settled for a shade over $21 million. These are just a few of the more than 1.2 million accidents each year caused by cell phone use. It is now estimated that nearly one in four accidents are the direct result of cellphone use or texting.
The real problem for you, the restaurant owner, is that if your employee causes an accident while using their phone to talk or text, their phone records will show the time of the accident. This is the smoking gun that the trial attorneys go after first and it leaves you with very few options as the defendant in the lawsuit. And current trends indicate that juries are eager and willing to scold companies for letting their employees engage in phone use on the road. Juries seem to be taking the stand that phone use just prior to an accident needs to be punished and punished severely. It may be ok for them to use their phone while driving, but apparently not ok for everyone else. They see it as protecting themselves by encouraging corporations to not allow their drivers to use the phones on the road, thus making the roads safer for them.
It doesn’t really matter if your employee is driving a company owned car, using a company provided phone or driving their own car with their own private cell phone. In every case juries overwhelmingly seem to want to pin the blame on the company and punish them with a huge jury award. Because of this, most experts now believe that out of court, pre-trial settlements are the best options for companies caught in this trap. Facing a jury in this situation means facing a hostile group of people who hold your very livelihood in their hands.
So what should you do to protect yourself and your restaurant? Start by making sure that you have adequate coverage limits on your business auto insurance policy if your restaurant owns any vehicles. Next be sure that you have high enough limits to protect you on your non-owned auto insurance as well. Make it clear, both verbally and in writing that employees will not use their cell phones to talk or text while driving on behalf of your restaurant. You should consult your attorney for the best way to accomplish this.
At Clinard Insurance Group, we insure more than 100 restaurants all across NC, SC, Ga, TN and VA. We want all restaurant insurance buyers to be informed consumers. If you would like help with your restaurant insurance in North Carolina, South Carolina, Georgia, Tennessee or Virginia, please call us, toll free, at 877-687-7557 or visit our restaurant insurance web page at www.TheRestaurantInsuranceStore.com.