How to Avoid Remote Texter Liability in Michigan

  In Michigan many already know the current legal stance on texting and driving , with specific laws in place to avoid such actions including one that states:
  • “[A] person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person’s hand or in the person’s lap, including a wireless telephone used in cellular telephone service or personal communication service, while operating a motor vehicle [or commercial motor vehicle or a school bus] that is moving on a highway or street in this state.” (MCL 257.602b(1) and (2))
However, did you know that if you text a person who you know is or could be driving you could be liable for any damage or accidents that occur as a result? This is known as remote texter liability . It’s obvious the ways that this could impact the daily life and usage habits of various electronic devices, but what exactly does it mean for the countless businesses that utilize and rely on communication technologies to keep in touch with employees throughout the day? Some might just recommend that you should simply not use a phone while you’re driving, but without clear regulations and guidelines in place for employees, businesses can still be liable should an incident occur. We know that distracted driving is as statistically the same as drunk driving, except that the person driving is more aware of the risks and simply chooses to ignore them, which is why having official policies in place that require employees to follow a set of communication rules, such as pulling over and stopping at a safer location to communicate with an employer, or restricting the use of any devices while behind the wheel, can go a long way in preserving the safety and integrity of everyone involved and even reduce the risk of litigation related to accidents that resulted in damage, injury, or even death. Distracted driving is a problem in this country that social media and electronic devices have only made increasingly worse over the years, which is why more businesses should take on the responsibility to prevent this behavior from happening in the first place by enforcing strict regulations on employees, to limit the usage of electronic communication devices while behind the wheel. Only when everyone is on board and committed to making our nation’s roads safer by avoiding things like texting, talking, gaming, and more while driving, will we be able to enjoy the peace of mind that comes from knowing that we are all safe on the road. If you’re in need of a legal consultation, call Harris Law today at 231.347.4444 or fill out the free consultation form in the sidebar to schedule your free personal consultation.

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