Pay attention to this Texas distracted driving phone sex case

Distracted driving is a huge issue in the United States, causing large numbers of crashes and deaths every year. But what happens when distracted driving results in a crash from an on-the-job employee? Can the employer be held responsible? What can employers do to protect themselves?

Distracted driving

Thomas Earl Roberts was a commercial tractor-trailer driver. While driving on I-45, about halfway between Dallas and Houston in June 2022, he got on a call with his “lady friend,” Inger Washington, and engaged in phone and video sex with her while he was driving. As a result of his distracted driving, he swerved at the last minute to avoid a firetruck, causing him to hit another vehicle and kill its driver, Jocelyn Ortega. Roberts was eventually charged with and pled guilty to one count of criminal negligent homicide and two counts of aggravated assault against a public servant.

Following the crash, Ortega’s family also filed suit for punitive damages—however, they set their sights on someone other than Roberts. In June 2024, the Ortegas filed a suit against Washington and her company, G.A.P. Trucking. The Ortegas’ attorneys claimed that because Washington, a commercial driver herself, engaged in phone sex despite knowing that Roberts was driving his 18-wheeler, she was a proximate cause of the accident.

Company involvement?