Scary: Remote texters can be held liable...

[Thunderknuckles]

http://www.abajournal.com/news/article/remote_texter_can_be_held_liable_for_distracted_dr ivers_crash/
"a New Jersey appeals court has held that a remote texter can be held liable to third parties for injuries caused when the distracted driver has an accident."

"We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving,"

That is some scary stuff right there. If you text a person, and you know they happen to be out and about, you can be held liable for an accident caused by that person even though it is that person's responsibility to distract themselves. I suppose the same would apply to phone calls. I guess we only have ourselves to blame. With all of the accidents being caused by distracted drivers and their smart phones, it is no wonder courts and lawmakers are going overboard in trying to right our behavior. Things were so much simpler back in the days of stupid phones and pagers!

[Marcus Aurelius]

However, that is only true if the individual sending the texts from another location knew they were being viewed by the recipient as he or she was driving. And, in the case at bar, the trial court correctly held that insufficient knowledge was shown to defeat a motion for summary judgment by the defendant texter, 17-year-old Shannon Colonna, the Appellate Division of New Jersey Superior Court ruled. An accident that caused serious injury to two motorcyclists occurred within less than 30 seconds of when phone records show the driver, 18-year-old Kyle Best, last received a text from her.

"We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving," explains the court in a Tuesday opinion (http://www.judiciary.state.nj.us/opinions/a1128-12.pdf). (PDF). "But we also conclude that plaintiffs have not presented sufficient evidence to prove that Colonna had such knowledge when she texted Best immediately before the accident."




"Even if a reasonable inference can be drawn that she sent messages requiring responses, the act of sending such messages, by itself, is not active encouragement that the recipient read the text and respond immediately, that is, while driving and in violation of the law."

Sounds fairly reasonable, actually, if you KNOW someone will view the text while driving.

As in this case, however, the burden of proof is on the prosecution, and they failed to show proof. It all boils down to the definition of 'knows, or has special reason to know', which I would think is almost impossible to prove in court.

[Little-Acorn]

http://www.abajournal.com/news/article/remote_texter_can_be_held_liable_for_distracted_dr ivers_crash/
"a New Jersey appeals court has held that a remote texter can be held liable to third parties for injuries caused when the distracted driver has an accident."

"We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving,"


Uh-oh.

I hope no DebatePolicy members are reading this post on their iPhone while driving. I'll NEVER get out of the slammer..... :dunno:

[aboutime]

If YOU are driving and reading this. HANG UP!

[Little-Acorn]

If YOU are driving and reading this. HANG UP!

You're under arrest.

[aboutime]

You're under arrest.


:laugh: Little-Acorn.....Never, never, never say 'ARREST' to someone like me.

I went through that already. It was called "CARDIAC ARREST!" :laugh:

[Fusco]

Unless you can prove that the driver had no free choice in the matter, to read the text, then wtf, mate? Since when am I to blame for the driver's inappropriate actions? The reader read the text at an inappropriate time, they are to blame. Take responsibility.

[aboutime]

How is anyone supposed to know whether the person they are calling, or texting is actually in their car, on the road????

More of the DUMBING DOWN of America at work.

And people believe this crap???

They deserve it.

[Abbey Marie]

Services for the deceased, Personal Responsibility, will be held Tuesday. In lieu of flowers, donations will be accepted by the Foundation for Common Sense and Freedom.

[Tyr-Ziu Saxnot]

If YOU are driving and reading this. HANG UP! IF YOU are reading and driving this. Stop drinking ! :laugh:

[Arbo]

http://www.abajournal.com/news/article/remote_texter_can_be_held_liable_for_distracted_dr ivers_crash/
"a New Jersey appeals court has held that a remote texter can be held liable to third parties for injuries caused when the distracted driver has an accident."

"We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving,"


A horrible decision which leads us further down the path of zero personal responsibility. If you are driving and get a text and look at your phone and crash, its your OWN DAMN fault.

[Tyr-Ziu Saxnot]

A horrible decision which leads us further down the path of zero personal responsibility. If you are driving and get a text and look at your phone and crash, its your OWN DAMN fault.


I agree. When I am driving my car its not the responsibility of my six year old son that has just sent me a text or just phoned me. Just more stupidity on parade coming from people (libs) that couldn't find their ass with both hands. With them its always somebody else's fault. Which is how the ffing loons view the world.

[aboutime]

This, with many other unlisted kinds of things all reflect on the "OBAMA PRINCIPLE", better known as FIND SOMEONE TO BLAME for your ignorance, stupidity, or for just being a genuine JERKOFF!

[Arbo]

This, with many other unlisted kinds of things all reflect on the "OBAMA PRINCIPLE", better known as FIND SOMEONE TO BLAME for your ignorance, stupidity, or for just being a genuine JERKOFF!

While Obama has done little other than shift the blame for everything he does, he is not alone in DC. It is next to impossible to find a career politician that doesn't pass the buck.

[Jeff]

I have to agree with the law here but seriously if ya ever seen what people do as they drive down the rode texting is nothing, I have seen men shaving , reading the news paper or book, I watched a guy shooting drugs while driving down the BQE in NY and sex happens in a car while either partner is driving all the time.

And woman aren't any better , along with most of the complaints above they will put there make up on , pluck there eye brows , paint there finger nails .

So when I here about these laws for sending or reading a text it is laughable ( even though I agree ) with all the other things that happen every rush hour in every city in this Country.

[SassyLady]

If someone is stupid enough to respond to a text while they are driving and get into an accident why are they not the one held responsible. I just cannot fathom how society is slowing stripping away holding individuals accountable for their own actions!!!

Pretty soon I will be held liable because I have a great pair of legs and someone who is admiring them while driving might have an accident. Will I be held liable ... knowing they are lethal and exposing them for a irresponsible driver? :slap: