August 29, 2013
NJ Court: Sending a Text Message To a Driver Could Make You Liable For Crash
A New Jersey Appeals Court has ruled that both sides of a texting conversation which resulted in a car accident could be held liable.
The ruling came as part of a case in which the driver of a truck received a text message shortly before striking a motorcycle carrying two passengers. The court ruled that while in this case, the person sending the text wasn't liable, they could be if the circumstances were a little different. '...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.'"
The decision stemmed from a 2009 accident where a 17-year-old girl texted a friend just before that friend crashed his pickup truck into a Morris County couple on a motorcycle.
The man and woman on the motorcycle, David and Linda Kubert, both lost parts of their legs. They sued not only the truck’s driver, but also the girl who was texting him.
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