Blog

Texting Someone Who You Know is Driving? You Just May Be Held Liable

Posted by Scot D. Goldberg | May 19, 2013 | 0 Comments

3926147797_b5f8aa369f_z-300x225

Texting while driving is a big topic in the news in Florida now, with Governor Scott poised to sign a new law today that would make the distracting practice a punishable offense.

But, here's a twist – what if you were held accountable for an accident caused by the person you were sending a text to?

Well, that just may be the case. Currently in New Jersey, the courts are deciding if they should impose a “duty of care” on people who know that the recipient of the text they are sending is behind the wheel of a car. According to an article in the ABA Journal, this question came up because of a serious accident involving a teenage driver who reportedly was texting back and forth with a girlfriend, and crashed his pickup truck into a couple riding a motorcycle. Both the motorcycle driver and his passenger lost a leg in the crash.

A state superior court judge initially rejected the injured couple's claims that the girl who was texting the pickup driver should be held to some degree of liability because she was aware that her boyfriend was driving at the time the texts were exchanged. However, the case then went to appeal, and now a three-judge appellate panel seems to be considering whether there should be some form of civil liability for the person sending texts to someone they know is driving at the time.

Referring to the driver of the pickup and his girlfriend, appellate judge Victor Ashrafi is quoted as saying, “But for her sending the text to him, he wouldn't be looking down”.

“Texting while driving has been found to be the cause of more accidents than driving under the influence”, says Fort Myers personal injury attorney Scot D. Goldberg. “This points to a much more far-reaching realm of potential liability – it will be very interesting to see how this plays out”.

Distracted driving has become an epidemic on the country's roads. If you have been injured in an accident caused by a distracted driver, you may have a case for legal action against the responsible party – and perhaps the person who was sending them a text message. Call us at 239-461-5508 for a free consultation to review the facts of your accident. You may be entitled to financial compensation for your injuries, medical and rehabilitative treatment and lost wages, if you are unable to work.

 

Photo Credit: Jason Weaver via: imager.io, cc

About the Author

Scot D. Goldberg

Local People. Local Practice. Local Knowledge. Scot Goldberg is a founding partner of the Goldberg Law Firm. See his attorney profile for more information.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

FREE CONSULTATION

People who hire a good attorney greatly increase the chances of winning their case. If your personal legal situation has you wondering if you need a lawyer or not, give us a call at 239-461-5508. We can sit down with you, no charge, to talk about your situation, and help you make that decision. You may decide you could use our firm on your side.

OUR PROMISE

We, at The Goldberg Law Firm, are dedicated to standing up for the rights and protection of victims of negligence and to seeing justice done. We will continue to direct our combined knowledge, determination, and drive to the limits for each and every one of our clients. The results are record-breaking jury verdicts, real relationships with our clients, and legislative breakthroughs.

TESTIMONIALS

Copyright © 2017 Goldberg Noone, LLC

The information contained on this website is for informational purposes only and is not, nor it is intended to be, a source of solicitation or legal advice. Use of this website does not create, nor does it establish an attorney/client relationship. Individuals should not rely on the information contained in this website when making decisions regarding legal matters, and should consult with a qualified attorney for legal advice. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. We look forward to talking with you and reviewing related documents in order to come to a full understanding of what happened, how it occurred, and all those who may have been at fault.

Menu