..."" Texting a driver while they are operating a
vehicle may open you up to liability in the
state of New Jersey, per a ruling from the
state appeals court. Judges have just agreed
that safely stationary texters can bear some
responsibility if the driver they’re texting
causes any trouble—but it all depends on the
knowledge and intent of the texter.
"We hold that the sender of a text message
can potentially be liable if an accident is
caused by texting," wrote the judges (PDF),
"but only if the sender knew or had special
reason to know that the recipient would view
the text while driving and thus be distracted."
The ruling is an interpretation of an existing
New Jersey law that created "criminal
penalties for those who are distracted by
use of a cell phone while driving and injure
others. The new law explicitly permits a jury
to infer that a driver who was using a hand-
held cell phone and caused injury in an
accident may be guilty of assault by auto."
But the law didn't address civil cases, nor did
it cover the liability of remote texters. The
question before the judges was whether, as a
matter of common low, civil suits could target
those outside the car who knowingly distract
the driver.
The ruling stems from the case of a
motorcycle-riding couple who got into an
accident with an 18-year old driver who had
been texting when his truck drifted into
oncoming traffic. The couple sued the both
the man and his 17-year old girlfriend, who
had been texting him. Despite the decision
that a texter can be liable, in this case she
was not; the girlfriend claimed ignorance that
her boyfriend was driving at the time she sent
the messages.
Slate compares the situation to bartenders
being held liable for not cutting off a patron
they know will be driving. “It creates a legal
standard that is not really meant to be
enforced in court," writes Emily Bazelon, "but
rather to remind citizens of their
responsibilities.”...

Wtf?

It's another law that only serves to remind, not to be actually enforced.

Which is fecking idiotic. All involved should be beaten with a sack full of hedgehogs

Ha Ha!! Why do ya want to mean to the HedgeHog? He aint done nothing to the bunch of Idiots?? Ha ha

Its just another in a long line of decisions that puts personal responsibility on the back burner...It always has to be SOMEONE ELSE'S fault...amIright?

The only person that should be liable is the one texting....they are the once that choose to look at their phone while driving

Oh dont bring common sense into this lol

It's a bloody great waste of taxpayers money, lawmakers time and media coverage. "Oh, sure...we can't enforce it, really. But, we are going to get paid to write an incomprehensible law that no one is going to pay attention to, and then make sure everyone knows we are as useless as a Yankees fan in Boston". Manufactured outrage should be punishable by flogging.

lol sorry couldnt help myself...that was for the ones that want to argue hehe