A New Jersey appeals court has ruled that someone who sends a text message to someone he knows is driving can be held liable to third parties for injuries caused when the distracted driver has an accident. However, that is only true if the individual sending the texts from another location knew they were being viewed by the recipient as he or she was driving.
In the New Jersey case, an accident that caused serious injuries to two motorcyclists occurred within less than 30 seconds of when phone records show the driver, 18-year-old Kyle Best, last received a text message. In its opinion, the New Jersey court stated 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 auto accident lawyers at Shapiro, Cohen and Basinger, Ltd. are very cognizant of the dangers of texting while driving and explore all possible sources of recovery.