News From Terre Haute, Indiana

Community News Network

September 11, 2013

If you text a driver who causes an accident, should you be held liable?

NEW YORK — As Werner Herzog and others have made abundantly clear, texting while driving is a stupid activity that could end in injury, death and/or criminal and civil liability for the texter. But what about the person on the other end of that text message? Do they share any responsibility for accidents that result from texting while driving? A recent decision out of a New Jersey appellate court argues that, sometimes, the answer is yes.

In 2009, a New Jersey teen-ager named Kyle Best was driving and texting when he veered into the opposite lane and collided with a motorcycle occupied by a married couple named David and Linda Kubert. The Kuberts, both of whom lost a leg, sued Best. (At the time, New Jersey state law did not include significant criminal penalties for causing an accident because of driving while texting.) But they also sued Shannon Colonna, a teen-age girl with whom Best had been texting at the time of the crash, claiming that she also bore some responsibility for the accident. The trial judge dismissed the Kuberts' claims against Colonna; the Kuberts appealed.

Last month, the appeals court issued its decision. The appeals court upheld the trial court's decision to dismiss the case against Shannon Colonna, saying that the Kuberts failed to prove that Colonna knew Best was driving a car during their text exchanges. But the appeals court also found that, in the abstract, the Kuberts' argument held some merit, and that "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." Reasoning that an actual passenger in a car might be held liable for an accident if she urged a driver "to take his eyes off the road and to look at a distracting object," the appeals court applied similar logic to remotely texting an easily distractable driver:

Text Only | Photo Reprints
Community News Network
Latest News
TribStar.com Poll
AP Video
13 Struck by Lightning on Calif. Beach Raw: Massive Dust Storm Covers Phoenix The Carbon Trap: US Exports Global Warming Traditional African Dishes Teach Healthy Eating Baseball Hall of Famers Inducted Raw: Shipwrecked Concordia Completes Last Voyage Raw: Bolivian Dancers Attempt to Break Record Raw: Sea Turtle Hatchlings Emerge From Nest Israel, Hamas Trade Fire Despite Truce in Gaza UN Security Council Calls for Gaza Cease-fire Raw: Israel, Palestine Supporters Rally in US Kangaroo Goes Missing in Oklahoma Italy's Nibali Set to Win First Tour De France Video Shows Smiling American Bomber in Syria Fox Dons 'Bondage Strap' Skirt at Comic-Con Raw: Airstrike Shatters Fragile Calm in Gaza Mobile App Gives Tour of Battle of Atlanta Sites 12-hour Cease-fire in Gaza Fighting Begins Maine Police Investigate Deaths of Family of 5 Raw: Sirens After Explosions in Israel
NDN Video
GMA: Dog passes out from excitment to see owner "The Hunger Games: Mockingjay – Part 1" Trailer is Here! Chapter Two: Designing for Naomi Watts Baseball Hall of Famers Inducted Florida Keys Webcam Captures Turtles Hatching Morgan Freeman Sucks Down Helium on 'Tonight Show' Robin Wright Can Dance! (WATCH) She's Back! See Paris Hilton's New Carl's Jr. Ad Big Weekend For Atlanta Braves In Cooperstown - @TheBuzzeronFox Chapter Two: Becoming a first-time director What's Got Jack Black Freaking Out at Comic-Con? Doctors Remove 232 Teeth From Teen's Mouth Bradley Cooper Explains His Voice in 'Guardians of the Galaxy' Deja vu: Another NYPD officer choke-holding a suspect 'Fifty Shades of Grey': Watch the Super Sexy First Trailer Now! Reports: Ravens RB Ray Rice Suspended For 1st 2 Games Of The Season Air Algerie plane with 119 on board missing over Mali Diamond Stone, Malik Newman, Josh Jackson and others showcase talent Free Arturo - The World's Saddest Polar Bear A Look Back at Batman On Film Through The Years
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

     

    March 12, 2010

activity