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tangent4ronpaul
08-31-2013, 11:38 AM
Takes Two to Text: Message Senders Could Be Liable for Distracting Drivers
http://www.technewsworld.com/story/78849.html?google_editors_picks=true

The rules governing texting and driving just got a little tougher in New Jersey, where a three-judge panel has ruled that the sender of a text that distracts a driver and leads to a crash can be considered responsible for the accident as well. "This measure is extending the concept of liability pretty far," said Peter Toren, a partner with Weisbrod Matteis & Copley.

A three-judge panel from the Superior Court of New Jersey's appellate division has pushed the envelope a little further in defining who is liable for accidents caused by texting.

Namely, the panel has established a new standard of responsibility and ruled that texters whose communications distract a driver and lead to an accident may be held responsible in civil court.

"We hold that the sender of a text message can potentially be liable if an accident is caused by texting, 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 said.

As the language notes, there is a significant caveat to this, as the texter has to have good reason to believe that the driver would actually respond to the text.

Many Unanswered Questions

This was not a unanimous decision, as a third judge dissented. Also, in the case from which this decision stemmed, the texter was held not liable for distracting the driver due to insufficient evidence.

Still, the standard of responsibility established is eyebrow-raising for a number of reasons. For one, it codifies into law the responsibilities and liabilities a person's electronic presence and actions have. Two, it turns on its ear all legislation to date regarding texting.

"This measure is extending the concept of liability pretty far," Peter Toren, partner with Weisbrod Matteis & Copley, told TechNewsWorld. "Laws in this area so far have placed the responsibility and liability solely on the driver for texting while driving, not the texter."

There are many unanswered questions about how a court would go about deciding whether an incident met the ruling's criteria, particularly regarding the texter's knowledge of the driver's response, he said.

"How can anyone prove that a texter 'knew' someone was driving and that that driver would take his eyes off the road to look at the text and then respond?" Toren pointed out.
A Real World Case

Indeed, even the original incident from which this standard emerged was shrouded enough that no decision could be made as to the texter's liability.

The plaintiffs in the case, Linda and David Kubert, were grievously injured -- they both lost their left legs -- when an 18-year-old driver who was texting while driving crossed the center line of the road.

The plaintiffs have already settled their case with the driver, but they also sued the texter -- the driver's 17-year-old friend. A summary judgment dismissed the suit, however, and the appeals court agreed that was the right move: The plaintiffs did not show sufficient evidence to defeat summary judgment in favor of the remote texter, the ruling decreed.

-t

aGameOfThrones
08-31-2013, 11:48 AM
So if I read a billboard or a traffic sign that distracted me and made me cause an accident, then......

Brian4Liberty
08-31-2013, 11:50 AM
Police on the side of the road are very distracting.

Natural Citizen
08-31-2013, 11:54 AM
So if I read a billboard or a traffic sign that distracted me and made me cause an accident, then......

Ah haaaa....

Carrier could be responsible too then. well....assuming our prospective representatives take a position on the technology itself...which is doubtful. Everyone's a "consumer" in those eyes these days.

Brian4Liberty
08-31-2013, 12:00 PM
Lawyers and Judges. No system can save us from morons.

DamianTV
08-31-2013, 03:38 PM
So if I read a billboard or a traffic sign that distracted me and made me cause an accident, then......

Naa, thats okay because Advertising is the glue that holds our Economy together. (as if anyone here will believe that statement, as well as they shouldndt)

69360
08-31-2013, 04:15 PM
This sets an impossible precedent. If you wave at a driver, you distract them and are liable, if you are in a car and talk to the driver, you are liable.

This was a bad decision.

aGameOfThrones
08-31-2013, 07:38 PM
Ah haaaa....

Carrier could be responsible too then. well....assuming our prospective representatives take a position on the technology itself...which is doubtful. Everyone's a "consumer" in those eyes these days.

Yes!!! The carriers should set up a tracking system to monitor cellphones on the road in order to disable them. If you fart in a car because you ate fart food and the smell/noise distracted you, is the restaurant liable? I think it is...

Thor
08-31-2013, 07:54 PM
Yeah, how would the sender know if the other person is driving? Is that the first text sent? "R U DRVN?" And if they are, then they just distracted them. This was a stupid, stupid, decision....

"You sellin' NoWay products?"

Thor
08-31-2013, 07:58 PM
Next, the sender of the text to the passenger will be liable, because, maybe they send something funny and the passenger shares it... Just reads it to the driver...

Oh, maybe all passengers can be held liable if the speak to the driver....

aGameOfThrones
08-31-2013, 08:06 PM
Next, the sender of the text to the passenger will be liable, because, maybe they send something funny and the passenger shares it... Just reads it to the driver...

Oh, maybe all passengers can be held liable if the speak to the driver....

Yeah, and if your baby is crying in the back... guess what? You just got sued baby.

nobody's_hero
08-31-2013, 08:48 PM
Police on the side of the road are very distracting.

So are the ones in the rear-view mirror.

Neil Desmond
08-31-2013, 09:40 PM
I wonder what's the actual wording of the law or code in question.

paulbot24
08-31-2013, 11:38 PM
I actualy wish they would extend this warped reasoning to car stereos (hold on now, let me explain) so next time I'm flipping through the stations and Justin Bieber or One Direction trash comes on I could hold them liable for any potential accidents.

aGameOfThrones
09-01-2013, 12:11 AM
What if I make a copy of the opinion and place it on my passenger's seat, then decide to look in that direction and get distracted on how bullshit the opinion is causing me to crash, liable?

Theocrat
09-01-2013, 12:22 AM
http://media.timesfreepress.com/img/croppedphotos/2011/03/14/092580_hi-tech_policing_t618_t618.jpg?ba5b5b122dd3d37cc13d83 e92a6a0ec0d5bfa32a

I find it strange that people trust so easily that police officers can have so many gadgets on the instrument panels of their cruisers and not be distracted while driving, but if a private citizen gets one text on his cell phone and looks at it, he should be penalized by law.

aGameOfThrones
09-01-2013, 12:30 AM
http://media.timesfreepress.com/img/croppedphotos/2011/03/14/092580_hi-tech_policing_t618_t618.jpg?ba5b5b122dd3d37cc13d83 e92a6a0ec0d5bfa32a

I find it strange that people trust so easily that police officers can have so many gadgets on the instrument panels of their cruisers and not be distracted while driving, but if a private citizen gets one text on his cell phone and looks at it, he should be penalized by law.

Yeah, but that's for safety.

Theocrat
09-01-2013, 12:31 AM
Yeah, but that's for safety.

http://img.cache.vevo.com/Content/VevoImages/video/8C58F5F1D1961D3EDEA3C3D1DD978E30.jpg