Person Sending Texts to Driver Can Be Held Liable

Smith & Griffith, LLP Team

Person sending texts to driver can be held liable

A New Jersey appeals court recently ruled that a remote texter can be liable for injuries caused when the distracted driver has an accident if the individual sending the texts from another location knew they were being viewed by the driver as he or she is driving.

The Superior Court of New Jersey, Appellate Division, Docket No. A-1128-12T4 in Kubert v. Best, et.al. “conclude[d] 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.” The evidence was not sufficient in this case.

In South Carolina, a driver who has an “accident while texting” may llikely be liable for punitive damages and now, if we follow, New Jersey the person sending the text could be liable as well. Be safe and do not send or receive “texts” while driving. Also, do not text someone you know is driving.

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