William & Mary Business Law Review


Nanci K. Carr


Imagine that you have logged onto a video Zoom meeting, and you notice that one of the participants is driving. He fumbles with the phone, trying to align the camera with his face, looking from the phone to the road ahead. Other participants on the call either say nothing or thank him for being willing to participate from his car. That is distracted driving, and if he collides with a car or pedestrian due to that distraction, each of those meeting participants could be held liable for distracting the driver. In addition, they would be witnesses to his distracted driving in the lawsuit that would likely result in his employer being held liable. This Article summarizes the risks of employer liability arising from distracted driving and proposes policies to reduce the risk of that liability.