Should You be Liable if Someone You Text Causes a Crash?
A judge rules on case where a woman texted her boyfriend and the boyfriend crashed while reading her text.
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A new Pennsylvania law that went into effect in March says it's illegal to text while driving, but what about texting to someone who is driving?
Can you be held accountable for the actions of the person to whom you send the text?
What do you think? Tell us in the comments below.
A New Jersey judge says no. That was his ruling Friday in a case involving a couple who each lost a leg after their motorcycle was struck by a driver allegedly reading a text message. The judge dismissed the charges against Shannon Colonna, according to an AP report in the Washington Post.
According to the Daily Record, court records show that Kyle Best, who was 18 at the time, and his girlfriend, Shannon Colonna, exchanged numerous text messages on the day of the crash, including one sent just before he lost control of his pickup truck near Montville and struck a motorcyle ridden by David and Linda Kubert.
The Kuberts wanted to hold Colanna responsible for contributing to the crash, and have asked the judge to add her to the lawsuit.
Should a texter be held responsible for the actions of the person who receives the text message? Would it matter if the texter knew that the recipient was driving?
Mark Keefer
4:33 pm on Saturday, May 26, 2012
In no way can the sender of the text be held responsible for a person reading it while driving. It would be no different than if you sent someone a post card or letter in the mail and the someone decided to read it while driving. Would you hold a newspaper or magazine responsible if a driver was reading an article while driving in rush hour traffic? Of course not, common sense says no.
The driver must wait until they are not driving to read the text. The message will still be there after they have parked the car.
I am suprised this question ever went to court. It is common sense.
Stevi
9:04 am on Sunday, May 27, 2012
Would it make sense to hold someone responsible if they called a house while the receiver was cooking and while they were distracted it caused a house fire? Could publishers be held responsible when someone on the beach is reading their book/paper/magazine and their child needs to be rescued by a lifeguard? It is the receiver's decision on WHEN to answer the phone, read the book, or check their texts. Not the sender's/publisher's/caller's. As the above gentleman pointed out, "It is common sense." Thankfully this NJ judge agrees.
Living the Bucks Life
11:55 am on Sunday, May 27, 2012
Did this really have to get in front of a judge? What a waste of taxpayer money. Blame it on the lawyers!