Court Expresses Increased Interest in Cellphone Use and Accident Liability

Key point. The use of cellphones by church employees and volunteers while driving vehicles on church business may expose the church to substantial liability in the event of an accident caused by distracted driving.

A Florida court ruled that the cellphone records of a driver who was killed when her car struck a truck could be examined by the trucking company's attorney to determine if the decedent was using her cellphone at the time of the accident.

Background

A truck operated by a trucking company collided with a vehicle driven by a woman, who was killed in the accident. Six months later, the decedent's estate filed a wrongful death action, but the trucking company denied liability. It asserted that the decedent's own negligence in operating a cellphone at the time of the accident was the sole cause of the accident, and therefore the trucking company could not be found liable for ...