Distracted driving due to mobile phone use while behind the wheel is a dangerous and prevalent problem. In 2010, nearly 20 percent of all motor vehicle accidents were attributed in some way to distracted driving. Of these crashes, over 3,000 resulted in deaths and over 400,000 resulted in serious injuries. These dangerous actions while behind the wheel don’t just bring up elements of traditional negligence for the distracted vehicle operator, they also raise serious issues with respect to respondeat superior and employer liability for the negligent acts of its agent.

It has long been established in Pennsylvania that an employer can be liable for the acts of its employees in certain situations. Generally, it has been held by the Pennsylvania courts that an employer is liable for the negligence of its employee when the employee is within the scope of his or her employment and acting in furtherance of employer interests.

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