Most people consider it obvious that texting while driving is dangerous. It can cause distractions, mistakes and ultimately accidents that injure people or even worse kill someone.
A new area of law that is gaining some traction around the country looks at whether the person who sent the text to a person whom they know is driving is either breaking the law or committing negligence by maybe helping to cause an accident by distracting the driver.
New Jersey Appeals Court recently found that the person who sent the text to a person, whom they knew was driving and expected to respond to the sent text, can be held responsible. The court found that the driver is ultimately responsible but the person sending the text can held responsible as well.
Finding that the person sending the text is “electronically present” in the vehicle that caused the wreck and actually no different than a person who is present in the car and causing a distraction. That people have some duty to not distract a driver.
The court is clearly trying to protect public interest to use their phones but at the same time to deter the distraction of the driving public
The New Jersey Supreme Court has yet to consider this ruling on appeal but its finding could have ramifications around the country.
If you have any questions or if you have been injured by a negligent person or business, Coby L. Wooten, Attorney at Law, P.C. can help.