Texting while driving

Texting and Driving is Dangerous—Even if You’re Not the Driver!

Everyone knows that texting and driving can be dangerous for themselves, but a court in New Jersy has found that a person who knowingly texts a recipient while the recipient is driving may be liable for damages, if the driver-recipient gets into an accident.  The main factor in determining liability of the texter is whether at the time the texter sent the text, the texter knew  that the recipient of the text was driving.  The reasoning behind the court’s decision was that texting while driving is illegal, and a texter could be aiding and abetting a driver in the commission of a crime.  If the texter is a knowing participant in a dangerous activity, i.e. texting while driving, the person sending the text could have civil liability.  The upshot of the case is don’t text anyone if you know that they are driving at the time you send the text.  Everyone knows that texting while driving is dangerous, so don’t encourage dangerous behavior, or you could be on the wrong end of a lawsuit.

Photo: Some rights reserved by Phillip LeConte Photography.