LAWS ABOUT THE USE OF CELL PHONES, TEXTING and BROKER LIABILITY.
BE RISK AVERSE. Folks who know me know that I am very risk averse. That said, we can't live in a cocoon and we can't eliminate all risk to ourselves or our businesses. We can, however, take affirmative steps to limit liability.
This post inspired by June Lewis who wrote a thoughtful article today on this timely subject. 
THE MATTER OF "DISTRACTED RESTRICTIONS" WHEN DRIVING. This subject came to my attention several years ago. Granted, it was prior to the introduction of texting. However, I believe that the risk to real estate brokers when an agent is texting is the same as an agent using a cell phone while on real estate business.
- Cooley Godward, a Virginia-based law firm, was slapped with a $30 million wrongful death suit where an employee of theirs was conducting business on her cell phone when she struck and killed a fifteen-year-old boy with her car.
A good article about this matter can be found at Employers Guide to Cell Phone.
When I read about the Gooley Goodward case in Virginia, I contacted my attorney and, after consultation, we decided that, in order to limit broker liability, which would be similar to the law firm liability in the Cooley case, Homefinders.com would implement a BROKER POLICY to the effect that Independent Contractors who were agents of the brokerage would acknowledge receipt of a NOTICE that it was broker policy that agents would not use cell phones while driving.
Agents signed the acknowledgment letter and it was kept in their employee file.
I could not control agents' use of their cell phone while driving. However, implementation of the broker policy served several purposes.
- It made agents more aware of the dangers of talking on the cell phone while driving.
- It gave some protection to my real estate brokerage and myself as the broker.
WE ARE ALL AN "ACCIDENT ABOUT TO HAPPEN". To this day, I do not talk on my cell while driving. Calls go to my 800# and I check messages regularly. If I make an outgoing call on my cell while in my vehicle, I first pull over to a safe place. That said, I understand well the pressure for agents to be connected while on the road. Agents on my network are usually anxious to answer a call from me because they know it's important. I'm usually calling with a buyer referral. However, I still would not encourage them to answer a call while driving. With a "HANDS FREE" device, voice activated agents may have a margin of safety. However, law enforcement folks claim that simple talking is distracting. I don't have an answer for that, or anything else for that matter. I would just like to raise the awareness of the subject for my ActiveRain friends. When an agent doesn't answer, I assume that they are driving and wait a reasonable time before calling another agent to make the referral.
"Hey, let's be careful out there." Sergeant Phil Esterhaus, Hill Street Blues.
Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988.
Was the boy who got hit talking or texting on his cell phone when it happened? That's next.
Lenn,wow! I just reblogged this one. It is such an important topic.
Lenn,
Sounds like a prudent policy for a broker to implement.
Rich
You just HAVE to be careful out there. You're right about an accident waiting to happen.
Heath. I don't know what boy you're talking about. I have no in-depth knowledge of these cases beyond what is included in the link.
Patricia. Agreed. We agents and brokers just have to know what's going on that affect our business.
Richard. I got some push-back from only one agent and I let him go. As I said, I am very risk averse.
Robert. I've always believed that and an super cautious.
Thanks Lenn for going in debth on this important subject. I am so glad it is being re blogged. More talk and posting on this subject just might fall on receptive ears and save a life..Sometime we have no control about what happens in life...then there are times we can have control...by being responsible, cautious and receptive to warnings. Wonderful post............
How sad for the family of the 15 year old. Wondering what comment number one is about? Sharing the blame with the victim? Lenn said her company policy was prior to texting so I would guess that the 15 year old victim was not found to be partially at fault in the case that influenced Lenn's policy.
I always wonder when I hear "answer your phone" from agents to one another whether they are just more coordinated than me. I can not walk and chew gum. I certainly can't drive and talk on the phone. The lame video from NAR. Do they think we all have a chauffer so we can answer the phone 24 hours a day?
Lenn, I am going to reblog this post as it is so important to pull over if you want to use your cell phone in the car.
Lenn, While reading this blog a commercial came on the TV about this subject. The website they directed us to is www.distraction.gov.
I think I'll change my voice mail message stating that I'm with a client or "safely driving" and will call them back. Maybe that will make people think also. Especially since I was rear ended just yesterday. It was minor, but he was distracted.
Hi Lenn, Like you I try to pull off the road when on the cell. In this litigious society we all need to be aware of our risk profile. Good post !
June. Thanks. Since I have some direct experience with this matter, I thought I'd publish a different perspective.
Maureen. I have the same problem, engaging in activities while driving. I just don't. It's rough out there. My phone is usually off and folks know to call my 800#.
Maria. Thanks. Good for you.
Lisa. How timely. Thanks for the link.
After I "dinged" my truck bumper backing into a sign post, I stopped talking and driving. Pulling over or letting voicemail get it is the best policy
Michael. Yippee! I love examples. Good for you.
Len - Texting and driving is insane and also illegal. Yet it is widely ignored. I practise defensive driving at all times. I figure one of these texting fools is out to get me.
Claude. Indeed. I see it on the road and at intersections from time to time, cell use regularly.
Lenn, thanks for bringing this to our attention. It certainly is a big issue here in Albuquerque. I hate regulation, but texting and driving is insanity! The issue here is common-sense. It's ashame that we need laws to prevent it.
C. Lloyd. Agreed. I know agents are going to use their cell phones, but how can anyone type and drive?????
Thanks for the REBLOG folks.
Lenn, they finally "outlawed" texting while driving here in Tennessee. Unfortunately the fine is only $50. What kind of deterrent is that? I just learned how to text and can barely do it sitting in my chair. Not going to happen in the car. People forget that a car can be a deadly weapon.
Connie. Thanks. I expect that the Dept. of Transportation will soon enter the scene and do something like the national maximum speed limit. States that don't enact anti-texting laws will not get highway funds.
Enforcing driving laws is almost impossible. Look at the deaths and mayhem each year from simple speeding.
I never thought to include it in the Broker policy but I can see how important it is.
in New Hampshire it is illegal to Text and Drive and is some towns the law is interpreted to mean even when stopped at a red light. Excellent post Lenn and thanks for allowing re-blogging.
I like your proactive approach and it sure sounds like a good idea that I need to implement for real estate team.
Lennit is risky enough to have a cell phone up against your ear while driving, but to text while driving is totally nuts.
I am a big proponent of not being on my cell phone while driving. It scares the you know what out of me to think that I might kill someone else or myself.
Lenn - This is a very scary situation. Just today, there was a woman in the middle of the road - in the wrong place - and the whole time she was there, she was talking on the phone. It was a near accident.
Recently there was a video going around showing the result of texting and driving. Watching that was scary enough. We've all done it, but your post was a good reminder not to. Thank you.
Lenn - I appreciate your post and even copied it for friends and family to read. Thanks.
Talking on the cell phone while driving is still OK in Florida, and I do it. however, I am not spending much time on the road, so my exposure is minimal. And the other thing is that you can't compare the driving conditions in New York and in Daytona Beach.
But even in Florida, and in Daytona beach, I can't imagine driving and texting. I also get scared on the road when I see women putting on lipstick looking into the mirror and not on the road.
The scariest part when i see people driving, talking on the phone and eating or drinking. it is not hands off talking, it is hands off driving
Hi Lenn!
If you watched a recent Oprah program, you would be a believer of exactly what you are saying. After watching that program, I WILL NOT ever again use my phone while driving. I will answerr a call if it is hands free, but I will not make a call (after all, isn't putting in the phone number the same as texting?) We will be following the advice you have given. Thanks!
The current bandwagon for safe driving is texting while driving. However, distractions include fiddling with the radio, eating your Big Mac, doing the hair and on and on. Drivers should attempt to stay focused!
Lenn I'm not coordinated enough to use the phone and drive and have a tendency to pull over. It is also illegal here in CT to use the phone while driving, I just wish somebody, maybe Phil Esterhaus, would tell that to all the poilice that pass me while talking on the phone.
Lenn, I was intrigued by your comment on Jason's post about mortgage laws. I like the way you think and I love the wisdom you speak. It's really refreshing to see someone who understands that not all technology is good when abused. One of my earliest cars was purchased from my grandmother who had to stop driving. A 1976 Plymouth Valiant with no radio. That was unheard of in the 70's, a car without a radio! She would not drive a car off the lot until they removed it. It was a distraction is all she said about it. I believe she was right. Driving is a full time attention task. Blessings and keep the good posts coming. Bob
Bob and Bonnie. Thanks. Your grandmother was right. That said, I do like the radio in my vehicle.
Ed. That is good. At least other drivers keep their distance from squad cars.
Gabe. I agree. Men who do their hair while driving are a hazzard.
Paula. Don't watch Oprah but it's just common sense.
Jon. Men who use the electric razor while driving aren't that safe either.
Carol. Thanks and thanks for letting me know.
Elyse. Indeed. That said, it just makes common sense that when careening dow the road you have limited time to handle emergencies if you aren't giving good attention.
Barb. Our motivations are identical.
George. I just can't figure how anyone can think it safe. Or, do they think?
Sam. I'm a fierce proponent of risk reduction.
Monika. It should be illegal in all states, but if it isn't, brokers need to protect themselves with policy.
Loreena. Indeed it should be broker policy.
Everyone should not talk on their cell while driving. How about lighting a cigarette and how drivers keep doing it until they get it lit. I've seen it and it's not safe either. I never talk on my cell while driving. It's just as bad as drinking and driving in my book!
Jackie. I only focused on the texting and cell phones because of the news. There are many reasons why a vehicle is a dangerous weapon in the hands of someone who isn't paying attention.
Great advice Lenn. I pulled over today to take a call and a cop pulled over to see what was up. Not sure if he was surprised that I was actually following the law by not speak while driving but it makes that point that far too many drivers are speaking while driving.
I do use hands free since I am in my car a majority of the day. What bites is I usually pick up the phone and have to tell people to text or email me the info because I can't write it down. There is almost no point in picking up while en route!
Paddy. I pull over to make a call. Never to answer one. Sometimes the act of pulling over is hazardous. We really can't win. It appears that we are back to the time when cell phones were so expensive that folks didn't even publish their number. The cell phone was an instrument of emergency not ubiquitous use.
Renee. Agreed. I rarely respond to messaged to my 800# when on the road or otherwise away from my home office. I need to be at my computer to give the kind of service to consumer calls that is worth the time. When away from my home office, I call for messages but can't give full service so I rarely return a call. My cell phone is for my convenience and I won't be a slave to it.
Hands free...or call them when you are stopped. Couldn't agree more. And, the idea of a document signed, sealed and in the file is priceless. We all need a reminder now and again of how devasting an accident can be to those involved and their loved ones.
Don. Indeed. I used the letter simply for documentation, in case of an accident, that broker policy was that agents did NOT use the cell while driving
In case anyone needs further evidence of cell phone use while driving, check out my best friend's story. The person driving the car was suspected of using the cell phone at the time of the accident. My friend refused to prosecute or take part in a "slam dunk" several million dollar lawsuit (police and attorney's opinion) because of his ability to forgive and restore.... so we won't ever hear all the evidence the police had against her. She along with the victims must live a long life with this haunting memory. My question is simply this: How much is that phone call or message worth?
Lenn, this post obviously hit me very close to the heart and am very appreciative of your stand. It certainly looks like most people are in agreement.
http://activerain.com/blogsview/1239705/-your-comprehension-is-not-prerequisite-to-your-cooperation-
Bob and Bonnie. I don't see the connection with the accident your friend had and the use of cell phones while driving. Perhaps I should read it again. That said, it certainly described the anguish suffered by victims of auto accidents.
If we can outlaw this one hazard among others that drivers face daily, perhaps some anguish will be avoided.
Hi Lenn,
As is often the case, you are timely and right on the money with this one.
Any distraction while driving will be devastating to families and loved ones of victims of accidents caused by distracted drivers. Of the long list of possible distractions, though, texting is one of my least favorites because it is an activity that does not even attempt to masquerade as anything other than a complete and utter distraction to the driver.
Thank you so much for giving us a reason to take a moment and think about this very important topic.
I don't think talking on my cell (hands free) is any more distracting than talking with a client in the car or listening to the radio (since I talk back to it too). That being said... I do not talk and drive when clients are in my car (liablity thing) and if my husband/daughter are in the car with me, they take the call if I know who is calling, otherwise it goes to voice mail.
Tammy. All it takes to be safe and use cells safely is a bit of common sense.
I don't have any trouble talking on my cell while driving. Making calls?? That's something entirely different.
I'm sure that, if the government enacts laws to make penalties stiffer for the use of the gadgets, they will do the usual overkill or something so week it will have no effect.
Tim. Thanks. It's just common sense.
Lenn: The tragedy I referenced in #43 was caused by someone on a cell phone. That was the only point. There was no reference of the procuring driver using a cell phone in the story itself... that came to light in the subsequent police questioning.
I'm just glad I don't need a cell... and your point about not being a slave to it was a good point as well. Boundaries are good.
Lenn, I agree it si a good start , if a brokerage wanted to go further they should bring it up in a meeting or have a metting once a year to talk about it where members sign in so a court could see that you did something to enforce it. This would expand your protection.
Ross. Of course. This matter was discussed at length at meetings. Everyone knew what it meant.
Bob and Bonnie. I simply refuse to be "plugged in".
And more and more states are implementing laws that impact how cell phones can be used. Of course folks don't necessarily change their behavior, but the fines here in CA for violations are substantial if you get caught. I think what you are doing makes a lot of sense
As of January 1 - it's illegal here to operate a cell phone while driving...even caught looking at your cell phone......and they're starting to draw in - turning radio stations, changing cd's......personally I think they should add putting on make up and smoking cigarettes.........but there you go........if there's a goofball (at best) out there - you look and sure enough they're talking on their cell -phone........at worst.......well you already know what can
Lenn,
The circumstances of the wrongful death suit you referenced are sad for so many reasons. This example is a vivid reminder of why we should follow your lead in pulling to the side of the road to take or make a call. Thanks for sharing this valuable lesson.
Timely, I'll say! Our laws changed in Oregon, and it's NO TEXTING in the car at all and hands free headphones for cells. My son was living the house with his headphones on listening to his Ipod. For some reason I asked if he was going to drive with them on. He said, "yup," then I told him how that was a traffic violation too! You've got to be able to HEAR while driving. We had the discussion about all senses needing to be on alert.
They say texintg and driving is worse than drinking and driving. Whenever I see someone swerving around, they always seem to be using a handheld device, which is against the law in more and more juriscictions.
This is so important. I didn't hear about the Cooley Godward case but I will certainly be reading about it. Thanks!!!
It became illegal, in the city of Chicago, to drive and use the cell phone in 2005... and it looked like several suburbs were going that direction... I tried several bluetooth headsets and didn't like them. So I went out and bought a car with Bluetooth... so my entire car is now a "headset".
I saw the writing on the wall, 'cause I have difficulty chewing gum and walking at the same time.
Thanks for a great post, worth re-blogging!
I really appreciated your mind awareness words of, "WE ARE ALL AN "ACCIDENT ABOUT TO HAPPEN".
I've always been a multi-tasker, but behind the wheel is not the place to be one, no matter how good you think you are. Joy
Great point, liability is everywhere these days! I have been guilty of using my cell while driving, not texting, but talking..
I wish they would ban cell phones usage while driving in Florida. Every time I see someone driving too slow, running a red light, or not signaling, there must be a 95% chance that they are talking on a cell phone.
Not sure of the broker liability. I guess some dumb lawyer would try to throw anyone into a lawsuit in order to get their money. Fortunately Florida outlawed joint and several liability a few years ago which greatly discourages these friviolous lawsuits trying to add in every remote party into a suit just because they have deeper pockets.
Lenn, you make some great points and although I am not a broker I am forwarding to him because I can see where you are coming form. I am definitely sharing this with my team, and I wonder if there is any liabilty to ANYONE who initiates a call to ANYONE driving as far as lawsuits go. I believe it is NOT whether you win or lose that counts, it is how much it costs you to fight the good fight. Great information and food for thought at minimum.
Dave
This is really great information for any company that has independent contractors. Having a Brokers policy that agent have to acknowledge is a great idea.
Wow Lenn, great thoughts...never really considered them in regards to broker liability. But it makes complete sense!
That is so sad to hear about a child being killed by a distracted driver. I am hopeful they ban texting and talking on cell phones here in Lee County, FL which they are currently discussing. I am glad to hear you assume an agent is driving when they don't answer and give them a reasonable amount of time to call you back - I recently lost a very good referral to another agent as it took me 10 minutes to return the phone call to the referring agent. When I didn't immediately call back he called someone else and I found that extremely frustrating.
Great advice I know it is important to answer teh call but now I will think about the life of a 15 year old . Is it really that important?
I just love your writing, Lenn. Have you published a book, yet? Let me know when you're ready to embark...I'd love to assist you. God bless ya'! Enjoy your day!
Lenn,
Right on!! Even your customers appreciate a concern about driving and talking on cell phones.
I do not answer the phone while i am driving, which I know drives other people crazy in this immediate response world we live in. Number one if I should have another client in my car, I do not feel it is appropriate to conduct business or refer to business of another client with this client in my vehicle. Should i have another agent in my car i feel i must keep confidential a number of the issues someone may be calling about. I believe we should concentrate on our task at hand, and yes that could be driving! Too many people are texting and talking on their phones while driving, all the more important to act and drive defensively! Thank you for reinforcing my actions.
I've used a hands free device for almost 5 years. I originally bought one because I smoked and couldn't drive, smoke and hold a cell phone. Since then, Hawaii passed a law...NO texting, holding a cell phone etc. .... and I just passed three years no smoking last month.
Lenn,
The risk of texting and driving was obvious before the laws started showing up. The Broker's disclosure is a great idea.
Steve
Great Post, I'm going to put your policy suggestion into our company policy manual and our Independent Contractor Agreement this week. There is no client or any deal that can't wait until it's safe to later have a focused conversation out of the car or send that text when your safely parked.
Although I do not like the cell phone and texting laws as I think common sense and general laws about safe driving should prevail (there are a lot of dump things you can do while driving that have no specific law against them) we have to live in this world.
Good move in protecting yourself against liability issues.
It is something that I never thought about... excellent post- I always wait to returna text until I am out of the car... Could you ase call my daughter and tell her why I am not responding- she will send the same text 6 times...
I understand the cya of the broker policy, but out of curiosity you refer in your story to "employee" while most agents are independent contractors. Can a broker be held accountable because of carelessness of an Independent Contractor? Would that mean that builders are responsible for all the sub-contractors working on their homes? This could open up so many cans of worms it seems!
Tony. My information about Independent Contractor is that it is a category for taxation purposes only.
This action, "the cell phone NOTICE" was taken under the supervision with the letter drafted by my attorney who also drafted my Independent Contractor Agreements.
Agents use the "independent contractor" title to exercise their independance when, under license law, they have little.
Brokers use the "independent contractor" title to avoid responsibility for agents' action when, under license law, they have significant responsibility, which is why only brokers can buy E&O insurance.
Gene. You understand precisely why I did it. Thanks.
Shanna. Let your daughter pay here cell/texting bill.
Gary. "My work here is done".
Steve. Thanks. I love when folks agree with me.
Sally. YOU GET A GOLD STAR.
Not for not texting on the road, but for quitting smoking.
MaryBeth. Thank YOU for having good sense.
Glenn. You bet they do.
Renee. HA! No time. No interest.
Terry. Business is business but we should understand priorities. Safety first.
Terry M. Common sense must prevail. I want my referral agents to answer the phone too. I'm usually calling about a buyer. However, I give reasonable time.
Jennifer. Isn't it wonderful when something makes sense???
Scott. Thanks. I'm a "case law" junkie. When I read about that lawsuit, I called my attorney right away.
Dave. I can't see liability for making a call although I'm not a lawyer. I suspect that my lawyer would have warned me about that. You can call and leave a message. Or, leave a message on an office number. It's the responsibility of the employee to check messages regularly when in a safe place.
Rob. I see the same thing all the time.
Vanessa. Be careful.
Joy. Indeed. In a 2 ton projectile careening down the raod???? No.
Alan. HA. Smart. I wouldn't think of using the cell phone while driving. In fact, the message on my cell phone directs messages to my 800#. I call for messages regularly and often.
Betsy. Good for you.
Yvette. Of course, those drivers think that they can handle it.
Carla. It's amazing that folks don't connect the care needed to drive with the 40,000 traffic deaths each year.
Sharon. My pleasure.
Liz. You're right. It's very serious.
Jeff. Thanks. I love it when folks agree with me.
Lenn,
This is a great "cover my butt" policy! Very proactive on your part! Now you need one for texting, TV/movie watching, painting their fingernails, etc., all while driving a car!
So true! One of our insurance partners sent us some information on this subject (distracted driving in general, including cell phone use) and made mention of the fact that in just 2 SECONDS (at a fairly low speed; can't remember exactly what mph) you can drive the length of 2 football fields. THAT was a real eye-opener to me. I have been pulling off the road more often than not to use my cell since receiving that information. Just need to remember to pull WAY over so one of those distracted drivers doesn't clip me!
Thank goodness our state is implimenting legislation surrounding the issue of texting and talking on the cell phone without a hands-free devise. You are right, you can't tell an independent contractor what to do - if they want to use their cell phone while conducting their business - its' at their own risk and peril. The case you cited above has to do with an employer/employee relationship.
Thank goodness our state is implimenting legislation surrounding the issue of texting and talking on the cell phone without a hands-free devise. You are right, you can't tell an independent contractor what to do - if they want to use their cell phone while conducting their business - its' at their own risk and peril. The case you cited above has to do with an employer/employee relationship.
Thank goodness our state is implimenting legislation surrounding the issue of texting and talking on the cell phone without a hands-free devise. You are right, you can't tell an independent contractor what to do - if they want to use their cell phone while conducting their business - its' at their own risk and peril. The case you cited above has to do with an employer/employee relationship.
Kathy. In our litigious society, we must "cover our butts".
Carole. You have a smart insurance agent.
Martin. You wrote: "You are right, you can't tell an independent contractor what to do - if they want to use their cell phone while conducting their business - its' at their own risk and peril."
I DID NOT SAY THAT!
I believe that a broker can have a broker policy that agents do not use their cell/text, etc. while driving.
I don't believe that the Independent Contractor status means that the agent can do what they want. Indpendent Contractor is an income tax status only.
I wrote: "I could not control agents' use of their cell phone while driving. However, implementation of the broker policy served several purposes."
Meaning that the policy of no cell phone while driving is unenforceable BECAUSE YOU'RE NOT THERE.
I remember when I was a kid my Mom bought her first new car and was so proud of it. A few weeks later someone talking on a cell phone ran a red light and t-boned her. Complately totalled the car, and broker her left leg among other various injuries. You can't be too careful, there are way too many distractions. I've seen people drive with a knee while putting on makeup and eating lunch at the same time. Not smart.
Oh please. The next thing you know is that they won't let me do my pottery or decoupage while driving. C'mon.
I'm not surprised you are being proactive Lenn. Oregon recently enacted a hands-free driving law. You need to use a blue tooth device or get a ticket. I don't mind it at all.
It makes sense to protect yourself from the possibility of a lawsuit, Lenn.
Taking and driving while trying to conduct real estate business is one of the main reasons why I finally replaced my lost bluetooth with a new one.
But...not to take away from your original premise, but how many people - brokers, agents, clients, etc. make the assumption that if a call is not being returned right away, that the person might be in traffic and cannot answer their cell phone? We often complain about not being answered when we call other agents (as it has been the topic of several blogs in the last few months), but it seems to me that this is a very legitimate excuse for not answering the phone...and only God knows when people are stuck in traffic or are driving long distances...
William. It is not unreasonable for agents to take a minute while in traffic to pull over and check messages. I do this all the time and it's quite simple. I give them time to check messages and call me back. If they don't call back soon, I go to the next agent for a referral. Agents who rely on my for their business stay in touch with me.
Wayne. The states have been forced to make law because drivers put themselves and others at risk.
J. Philip. You can have the back seat.
Nathan. The lipstick thing again. We've all seen folks talking on the cell phone which is many times more dangerous than the lipstick thing or shaving while driving.
THANKS TO OUR REBLOGGERS.
Re-blogged by 7 agents
Lenn, I am catching up with Pat Kennedys week in review and came to this post. Count an 8th reblog. Important information.
I will remind my fellow Realtors at our Tues roundtable meeting today of your post. Very good to keep these dangers at the top of everyone's mind and to remind ourselves, friends, and colleagues to never be complacent about safety.
Tere. Thanks. Spread the word.
Ellie. Indeed. It only takes a nano-second for a tragedy.
Lenn,
This is such an important article to be taken for granted. Will spread the word.
Here is a product that I just came across that may avoid some of the distractions while driving..........................................chris
Drivesafe.ly
Lenn,
Thanks for a great post. It is important to learn from others.
This is why I believe that God invented Voice Mail
Hi Lenn, I can take calls hands-free while driving, and if I have to call someone who is not saved n my phone, I will pull over instead of dialing while driving. My phone will take voice commands, so if I need to call someone saved in my phone, I can say "Call Bob Smith" or whoever I need to call, and the phone will dial the number. I don't even have to take my eyes from the road.
One funny aside. A couple of years ago California passed a law against talking on your phone without a hands-free system of some kind, but said it was okay to text while driving! Finally they passed the anti-texting law too. I always thought it was much worse to text than to talk with a phone at your ear.
Walter. Good for you.
Jay. Indeed. When I'm driving, all my messages to to my 800#. My cell doesn't even take messages. I use it to check my 800#.
Susan. That is so funny. Texting is 100 times more dangerous than dialing a number. The multiplier is, of course, the number of key strokes. What were they thinking?????
This was re-blogged in our Grand Rapids Association newsletter - very good info. I happen to drive a stick-shift in the summer so it's impossible to answer when I'm on the road. I'm a firm believer in voice mail.
Yes, it's tempting to check that email or text that you get while driving, but here in the mountains that could lead me off a cliff. I pull over to look or send, and I usually don't make calls while driving since the trees cut off reception anyways. But i always use my hands free device if I'm down the hill driving on flat roads.
Ed. I love voice mail when I'm driving. However, I check it often.
Amy. Good Grief. Mountains, hill, trees. I'm tempted to stay home.
I agree that there is certainly an added element of risk when you use your cell while driving (especially texting), but as a professional who lives out of his car, it's nearly impossible to think of not using it. If I pulled over every time I had a call, I would sit on the side of the road ALL DAY!!
There are some areas that have banned cell phone use while driving, but legislating behavior is a slippery slope. If hands free devices don't help that much, and most professionals agree that simply talking is distraction enough, why don't we ban speaking at all in cars? How about no radio, no eating, no make-up, and the list goes on and on.
How about we just tie everyone to their bedposts and not let them leave the house? That would certainly make the world a safer place, but we would be sacrificing our freedoms to get there.
Matt. You missed the point of this post completely.
This is not about what you do or don't do.
This is about an action that a broker can take to reduce the risk of liability when one of their agents who believes that they are above the law and has no common sense when determining the level of risk for different activities has an accident while using a cell to call/talk/text.
I don't see how much different using hands free devices are to having a conversation with a client in the car. I hope I don't have to sign an agreement not to do that either to cover my Broker's backside. :) I agree that a lot of what is happening out there is leading to accidents and shouldn't be happening so I avoid doing it myself. Your message doe's seem to be getting through since more people, myself included, are asking if your on the road and then saying to call them back when your done driving.