NJ Court: Sending a Text Message To a Driver Could Make You Liable For Crash

C0R1D4N writes "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.'"

Idiocracy

[shiftless]

What if I place a phone call to someone I know, or "have a special reason to know", may be driving?

Idiocracy was supposed to be a comedy, not a how to instruction manual.

Telepathy

[Freshly Exhumed]

Thank goodness that our telepathic abilities are so capable that we can all tell from any distance that the other person is driving.

Next will be liability for not sending a text

[c0d3g33k]

Driver: "Yo, dude, I'm headed your way. In my car. Driving it myself. Alone. Tell me where you're at so I can pick you up".
Non-driver: I'd better not send a response since I know my friend is driving and sending a text might be a distraction.

Driver sends multiple texts to non-driver:

Driver: "C'mon man, answer me!"
Driver: "Why don't you ANSWER!!!?"
Driver: "WTF!!!! I will spam u with texts until you tell me where you are!!!".
Driver: "U R M8king me crzy!!! Answer!!!".
Driver: Runs over child at school crossing

Lawyer to non-driver: "Why didn't you respond? You clearly knew Driver would continue to text while driving until you responded. If only you had responded, the driver would have put down the phone and driven safely to your location. You are responsible for the accident because you did not take sufficient measures to ensure the driver would stop texting!"

Non-driver: "FML."

Re:Telepathy

[KarlIsNotMyName]

Unfortunately we can never use our telepathic abilities, because that just might interefere with someone who is driving.

Re:Idiocracy

[Anonymous Coward]

Bringing a delicious peanut butter sandwich to work for lunch is totally innocuous. Doing so with the full knowledge that Bob from Accounting is lethally allergic is...not.

I can't be held accountable if Bob steals my lunch, then eats it.

Re:Idiocracy

[Mordok-DestroyerOfWo]

Bringing a delicious peanut butter sandwich to work for lunch is totally innocuous. Doing so with the full knowledge that Bob from Accounting is lethally allergic is...not.

I can't be held accountable if Bob steals my lunch, then eats it.

Apparently you can in Joisey

Re:Idiocracy

[wagnerrp]

To be fair, when a lactose intolerant person drinks milk, everyone in the vicinity loses.