A New Jersey appeals court ruled on Tuesday that a person could have a legal duty to avoid texting with someone who is driving.
Disagreeing with a lower court, a panel of judges found that when a motorist is texting while driving and causes an accident, the person who was exchanging messages with the driver can also be liable for negligence.
But the bar is high. The intermediate appellate court made clear that the sender would be liable only if the person had a “special reason” to know the driver was on the road and would read the messages.
“When the sender knows that the text will reach the driver while operating a vehicle, the sender has a relationship to the public who use the roadways similar to that of a passenger physically present in the vehicle,” wrote the court ...Zum vollständigen Artikel