Judge Rules Texter Not Liable for Accident
There is no doubt that sending text messages behind the wheel is a recipe for disaster. But what if you are the person on the other side of the text—the one sending messages to a driver—can you be held responsible if an accident happens?
According to Morris County Superior Court Judge David Rand, you can’t.
Last week, Judge Rand ruled that a young woman could not be held liable for the text messages she was sending her boyfriend just before he was involved in an accident that resulted in a man and wife each losing a leg to amputation.
The accident happened in 2008 and the young man, who was 18 years old at the time, struck a motorcycle carrying the married couple. Both had multiple injuries and both eventually lost the lower portion of one leg.
The young driver was found to be exchanging text messages with his girlfriend just prior to the accident and so both he and the girl were named in the resulting lawsuit.
Judge Rand determined that it was the driver’s responsibility to ignore the text messages and focus on the road. His girlfriend had testified that she didn’t know he was driving at the time.
Such an accident is tragic indeed, particularly when it was so obviously preventable. Text messaging while driving isn’t just a distraction, but an act that completely removes all of your attention from the road.
Research has shown that truck drivers who were texting while driving were 23 times more at risk of being involved in an accident than those who were not distracted while driving. Also, that texting distracts drivers for an average of 4.6 seconds, long enough to travel the distance of a football field and plenty of time to be involved in an accident.
Any form of distracted driving carries the risk of causing an accident. But when you are so absorbed in the activity that your hands, eyes, and mind are on something other than driving, you present a real risk to all other drivers on the road.
A distracted driver is a dangerous driver, and if you’ve ever been hit by someone who was not paying attention, you know just how dangerous distracted driving can be.
If you were involved in an car accident and the other driver wasn’t paying attention, you could be entitled to additional compensation for your injuries and pain and suffering. You deserve to have someone fighting on your behalf and our attorneys can provide just that kind of advocacy.
Contact the lawyers at Omrani & Taub to discuss the details of your case and how we can help. Call 212-529-7848 (that’s 212-LAW-SUIT).
