Hoovey689

iTrader: (16)

You might be held responsible if a driver you're texting causes an accident

There's no question that driving and texting at the same time is dangerous and illegal. But a lawsuit in New Jersey filed by a couple who were the victims of a texting accident blamed not only the distracted driver who caused it, but also the person who was texting him at the time, CNN reports.

Kyle Best, who was 18 at the time of the accident in 2009, was driving on a rural highway when Shannon Colonna, the 17-year-old girl he was dating, sent him a text. Best allegedly was reading the text when he crossed the double-yellow line and drifted into a lane of opposing traffic. He hit David and Linda Kubert, who were riding a motorcycle. They were injured and lost their legs.

The Kuberts filed suit against Best and Colonna and argued that if she knew that Best was driving when she texted him, she also was responsible for the accident. The Kuberts ended up settling with Best and lost to Colonna, which they appealed. Apparently they left an impression on three appeals court judges who agreed with the principle behind the Kuberts' appeal, but prosecutors couldn't prove that Colonna knew Best was driving when she texted him, so she was free to go.

Here's what the court reportedly said: We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.

For what it's worth, this is the state that just rejected a vanity license plate application that read "ATHEIST."

New Jersey governor Chris Christie disagrees with the appeals court judges who said a text sender like Colonna could be held accountable for a car accident. He says it's the driver's responsibility to keep his or her hands on the wheel and pay attention to what's happening on the road. We have to agree with Christie on this one.

http://www.autoblog.com/2013/08/29/y...exting-causes/

mmarshall

It's true, like Christie says, that it is a driver's responsibility to pay attention to the road and maintain control of one's car (just think, for example, of how many vehicles I would have wrecked during reviews if I myself didn't do that). But that doesn't necessarily mean that I agree with Christie that the judges were wrong. Those who break state laws by texting behind the wheel, causing accidents while doing so, should, IMO, pay the price even if that accident is not to their own car. We've got to get serious about the no-texting laws, and prove that they mean what they say. Otherwise, the needed behavioral-changes on the part of drivers will never occur.

SteVTEC

That's just stupid. Nobody is FORCING you to pickup your phone to read a text while driving. The only time I ever pickup my phone while driving is while sitting at a light waiting. As soon as the light is green, even if I'm in the middle of something, the phone gets tossed. It can wait. People are stupid.

JessePS

Plus how are you supposed to know someone is driving?

edgeucated

iTrader: (4)

this is absurd. Many times i text my friends when I know they are driving; however i also know they wont read it until they get to their destination. I do this because i might forget my train of thought by the time they get to their destination and i rather not sit there and try to anticipate when they arrive, kinda like leaving a voicemail.

Hoovey689

iTrader: (16)

Yeah no it's the drivers choice..

mmarshall

Yes, in most cases, it CAN wait. Our society has become so addicted to instant-gratification that no one seems to have any paitience anymore. They are just going to have to learn some.

natman

I don't think there's much controversy that the DRIVER is at fault in this case. However there was another issue, which is whether or not the SENDER should also be at fault.

Christie disagrees with the part about holding the SENDER liable, not the driver.

[emphasis added]

IMO it's a bit much to hold the sender liable for what the recipient does, unless there is clear evidence that they knew the recipient was driving at the time.

Jewcano

iTrader: (4)

It's basically passing off the blame game. I understand the bikers are pissed. They lost their legs, I'd be pissed to. However this seems like a knee jerk reaction, with their train of thought being 'if the sender of the text message didn't send that message, he wouldn't have looked down at the phone, ergo, he wouldn't have hit them'. Although that may be true, what if he had a visual voicemail, the kind where you look down at the phone to activate it? Would they say the phone company should be responsible as well? Or maybe the person who called and left the voicemail?

This is extremely poor ruling on the judges behalf. The at fault individual, unless a gun was held to his/her head, is the responsible party. End of story.

I8ABMR

there is no way in hell this will stick......ever...... NHTSA will need to mandate features in cars that disable texting when the ignition is on

4TehNguyen

iTrader: (1)

home of the free

I8ABMR

so if I call a friend who is eating and I tell him a joke while on the phone and he chokes and dies.......do I go to jail???

KevinGS

Yes, silly... You're supposed to KNOW when you're friend is eating, so then you know not to send him anything funny.

jwong77

This!

These laws probably have limited impact since its so difficult to enforce.

Its been over a year now since the rule has been in place and I see more people texting and driving than ever.

mmarshall

OK....thanks for clarifying that. That may have been a typo on my part, though, often, drivers are senders.

Totally agree....they are difficult to enforce, simply because of our instant-gratification society today that can't wait a minute to do anything, but has to do it right NOW, wherever they are. I see it every day. One thing, though, will help. Some states that formerly had texting while driving a secondary offense have now made it a primary one (including my own....VA).....meaning that a cop, if he or she sees you, can pull you over simply for texting and nothing else....it doesn't have to be done in conjunction with other driving-offenses.