Should You be Liable if Someone You Text Causes a Crash?

Bob Byrne (Editor) May 25, 2012 at 07:09 pm

I'm wondering what everyone thinks...should the state legislature add some more "teeth" to PA's law by making the message senders liable in cases like this- or would that just be the "nanny state"gone too far? Would your opinion change if someone close to you were hurt or killed in an accident where texting played a role in distracting a driver?

Tim K May 25, 2012 at 07:52 pm

The sender should not be liable, litigation to prove the sender knew of the receiver's whereabouts would be a waste of the court's time. The simplest enforcement of this law is to hold the driver accountable for their actions. Distracted by the ringer when a text is received? Turn your phone to silent.

R. Rabin May 25, 2012 at 11:43 pm

Sounds to me like some creative and optimistic lawyering on the part of the victims' attorney, who may have been hoping to find additional funds (i.e. the girlfriend's insurance policy) with which to compensate his clients for their tragic injuries. It doesn't make sense to hold the girlfriend responsible, but someone, somewhere, was bound to give this a try.

Paul J. Mullock May 26, 2012 at 01:32 am

Hard to believe that there is a judge left in this country who isn't a nitwit. And in New Jersey!!!!

RenterNow May 26, 2012 at 11:24 am

Guess the yes votes are either lawyers , people who don't have cell phones or they hit the wrong button!

Bill Ewing May 26, 2012 at 03:40 pm

Count this lawyer among those who believe that the legislature should prohibit all use of handheld devices while driving -- whether texting or telephoning or browsing the web -- but the sender of the text message should not be liable for the stupidity of the nitwit who receives it and reads it while driving.

Carl D. Bennett May 26, 2012 at 03:55 pm

I sent you a letter. You had an accident while you were reading it. who is liable for your bad judgement?

Cathy Binder May 26, 2012 at 06:16 pm

Until ESP is a proven fact I don't see how we can make this the texters fault. How do I know what you are doing when I send you a text?
Don't respond if you are driving. Talk about shooting the messenger.

Jim May 26, 2012 at 07:40 pm

Go ahead America put junior in the the car seat, then go into WaWa grap a coffee. Get back into the driver seat drink your coffee drive and have a sambo at the same time, while your texting your freinds about your latest B.S. It will only hurt for a second, then kiss your butt goodbye and who ever you run into head on. It's a great country.

Jim Heck May 26, 2012 at 10:26 pm

absoutely not. because the person you are texting should be paying a tension to the road anyway, as you have NO control over over what that other person may or may not be doing.

Marc May 29, 2012 at 04:13 pm

Agree 100%.

Shirley May 29, 2012 at 04:44 pm

The recipient of the text should use more than common sense in any situation, be it driving (a distraction), at dinner with a group in a restaurant (a courtesy), on the landline with a potential employer (bye bye job!), etc. SILENT is an option; use it. Driving is an activity/routine/job that in no way calls for any type of multi-tasking; multi-tasking while driving is an accident in the making.

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