Senders of texts to drivers can be held liable, New Jersey court rules.

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highland145

highland145

Lifer
Oct 12, 2009
43,973
6,340
136
:confused:
A New Jersey appeals court ruled on Tuesday that a person who knowingly sends a text to a driver can share liability if the driver causes an accident. A panel of judges on the Superior Court of New Jersey's Appellate Division found that the sender would be liable if the person had a “special reason” to know the recipient was driving and would read the messages, The Wall Street Journal reported.
"When the sender knows that the text will reach the driver while operating a vehicle, the sender has a relationship to the public who use the roadways similar to that of a passenger physically present in the vehicle," the court wrote.
“[T]he texter has a duty to users of the public roads to refrain from sending the driver a text at that time.”
Tuesday's ruling comes in the case of a couple who lost both their legs when their motorcycle was hit by a teenager who was texting and driving in Morris County in 2009.
The motorists had sued the teen driver's girlfriend who sent him messages. The judges upheld a lower court ruling that dismissed the lawsuit because there wasn't enough proof the she knew the driver would be looking at the messages.
The appeals court said someone who texts a motorist is not liable for the driver's negligent actions. But the texter has a duty to refrain if the person knows the recipient is driving and likely to read the message.
The injured couple settled their lawsuit against the driver for $500,000.
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http://www.foxnews.com/us/2013/08/2...iable-new-jersey-court-rules/?test=latestnews
 
Juddog

Juddog

Diamond Member
Dec 11, 2006
7,851
6
81
waggy said:
whaa? how can the sender know what the receiver is doing?
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Exactly - this decision is completely retarded.

People need to just shut their phone off when driving or put it into silent mode and leave it in the glove compartment.
 
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bignateyk

Lifer
Apr 22, 2002
11,288
7
0
It says that if the sender "Knowingly" sends them a text. I'm guessing in this case the teens were texting back and forth and it was obvious to the sender that the person was responding while driving. Teens are dumb like that.

My guess is it was something like:

GF: "Hey, what are you up to sexy"
Driver: "LOL, just driving"
GF: "OMG LOLLOLOL. R U HAVING FUN"
BF: "LOLOL YA"
**CRASH***

Either way, it's stupid. The driver should bare all responsibility for his/her actions while driving.
 
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Phoenix86

Phoenix86

Lifer
May 21, 2003
14,644
10
81
waggy said:
whaa? how can the sender know what the receiver is doing?
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Driver: "Hey, I'm on the road driving to your house"
Friend: "Hey can you get some beer on the way"

It's has to be pretty rare where it can be proven that the sender knows the driver is driving. Either way, this is retarded. It's a text which can be ignored by the driver until it's safe to check. I don't even know where to start on how stupid this is. I just... wow...
 
JTsyo

JTsyo

Lifer
Nov 18, 2007
12,066
1,158
126
Driver has to take all the responsibility for his actions. Nothing forces you to check your text, wait until you get to where you are going.
 
A

actuarial

Platinum Member
Jan 22, 2009
2,814
0
71
Unless I read this wrong, the girlfriend wasn't held liable anyways because it's too hard to prove she knew he would read the messages while driving. I think this ruling is dumb, but it's going to be impossible to apply anyways.

If there are already rules on the books that passengers can be held liable for knowingly distracting a driver, this follows the same logical path so from a legal perspective I think it's not that unreasonable based on precedent.
 
Linux23

Linux23

Lifer
Apr 9, 2000
11,374
741
126
bignateyk said:
It says that if the sender "Knowingly" sends them a text. I'm guessing in this case the teens were texting back and forth and it was obvious to the sender that the person was responding while driving. Teens are dumb like that.

My guess is it was something like:

GF: "Hey, what are you up to sexy"
Driver: "LOL, just driving"
GF: "OMG LOLLOLOL. R U HAVING FUN"
BF: "LOLOL YA"
**CRASH***

Either way, it's stupid. The driver should bare all responsibility for his/her actions while driving.
Click to expand...

LOL.

Sad I live in this state though :(
 
Aharami

Aharami

Lifer
Aug 31, 2001
21,205
165
106
why not hold billboard companies liable also. Billboards could be distracting, and the ad companies are knowingly putting them where drivers will see them while driving
 
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Brian Stirling

Diamond Member
Feb 7, 2010
3,964
2
0
This is just ridiculous ... on more than one occasion I've had someone text me something while I was driving not because I needed while driving but because I needed it when I got where I was going. I'd be driving along and here the notice and not even look at the phone.

This will challenged in court but not before someone is tried for it and has to spend tens of thousands defending themselves. What does Cristy have to say about this?


Brian
 
Scotteq

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
Red Storm said:
New Jersey, Florida of the North East.
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Actually, Florida is where people from NJ aspire to retire. :banghead:

...and I do consider it a minor victory that I convinced my douchebag father to retire there. :D

...haven't heard from the bastard since!!! :sly::p:D:D:beer::D:beer::beer:
 
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