Can Third-Party Texters Be Held Liable for Accidents?

Crime, Injury, News, Safety

smart phone in hand  while drivingNew Jersey has recently set a precedent for the future liability of third-party texters sending messages to people they know are driving. A person not physically present in a vehicle causing an accident could be held somewhat legally responsible for distracting a driver.

Where R U?

Texting while driving delays your reaction time as much as your blood-alcohol levels being at the legal limit, and even hands-free phone systems are distracting despite keeping a driver’s eyes on the road.  Next time you think it’s okay to use your phone while commuting, think about how you might feel if a the surgeon removing your appendix talked on the phone while operating — hands free of course? Mind changed? Thought so.

Over time, the auto industry has invested a lot of money in vehicle communication systems, and to be fair, using these systems to talk or text seems measurably safer than the “old” way of doing so by hand. Yet, the risk is there.

New Legal “Duties” for Jersey Texters

In 2009, a couple was riding a motorcycle when they were sideswiped by an 18-year-old driver, Kyle Best, after he crossed the double yellow line. The husband and wife, Linda and David Kubert, each lost part of a leg. Best was texting moments before the accident and settled with the couple. Where the case got interesting was when the couple attempted to sue Shannon Colonna, 17, who was texting Best at the time of the accident.

While the case was dismissed due to a lack of evidence (phone records were too old to help the Kuberts’ case), New Jersey appellate court judges deemed it a “duty” to avoid texting people who you know are driving and will likely look at the text. You might want to think before sending that, “Are you here yet?!” text to someone who’s late for dinner.

License, Registration, and Your Cell Phone, Please

A proposed New Jersey bill would require drivers involved in an accident to hand over their cell phones — no warrant necessary.  The law would assist officers in concluding whether cell phone use contributed to an accident — by infringing on our privacy? At the end of the day, it’s debatable whether this would either deter texters or even prove whether a driver was distracted.  But there’s an easy way to un-complicate things: put your phone away!