Texting and driving has become a big safety concern for drivers. This is one of the most dangerous forms of distracted driving. Even if you are not the driver, you could still be liable for an accident. You might want to think before you send next time…
Kubert v. Best
Judges in New Jersey have entertained the idea of holding the sender liable for an accident.
This all began with a New Jersey accident, when a young man, Best, hit and injured a motorcyclist and his passenger, Kubert. Best was texting his friend, Colonna, at the time of the accident. Kubert not only went after Best, but after Colonna as well.
The Kubert’s lawyer claimed that she willingly provided a distraction to the driver, and the courts agreed. They concluded that a sender who willingly and knowingly texts someone that they know to be driving can be held liable for the accident and any injury. They consider the sender to a contributor to the driver’s negligence.
However, Colonna was not found guilty. The courts concluded that she did not know Best was driving at the time of the accident. Nor could they prove she had anyway of knowing that Best was driving.
While it is not yet illegal to send someone a text while they are driving, it is a risky boundary to dance with. Remember, if a court can prove you knew someone was driving, but you texted them anyways, you can be held responsible. You can expect more cases around the nation to draw on this ruling when victims of distracted drivers want justice.
With the amount of accidents, injuries and deaths caused by cell phone use while driving, it is reasonable to expect some type of law to come of this. Before you send a text to someone, make sure you know they aren’t driving.
If a driver was texting at the time of an accident and injured you or a loved one, this opens up a lawsuit against both the sender and the receiver. An experienced personal injury lawyer can help you put together a case against both parties. It is your right to sue and seek justice from whoever is liable for your pain and suffering.