The Herald, Sharon, Pa.

Breaking News

Community News Network

September 11, 2013

If you text a driver who causes an accident, should you be held liable?

(Continued)

NEW YORK —

The sender should be able to assume that the recipient will read a text message only when it is safe and legal to do so, that is, when not operating a vehicle. However, if the sender knows that the recipient is both driving and will read the text immediately, then the sender has taken a foreseeable risk in sending a text at that time. The sender has knowingly engaged in distracting conduct, and it is not unfair also to hold the sender responsible for the distraction.

This was a civil case, and by "hold the sender responsible," the appellate judges were talking about civil penalties, not criminal ones. But as Darren Gelber noted on Jersey Justice Monitor, it's not hard to imagine how this decision might affect criminal prosecutions. A prosecutor looking to make a name for himself could theoretically use the appellate court's logic to justify charging somebody like Shannon Colonna as an accessory to reckless driving. Would that charge actually stand? Who knows. But it would get a lot of attention, and would make clear that New Jersey takes distracted driving very, very seriously.

This is a controversial decision _for one thing, it's hard to see how a sender can be expected to know that the recipient will read the message immediately, unless the message is something like READ THIS IMMEDIATELY, EVEN THOUGH YOU'RE DRIVING: LOL! — and it may well be appealed to the state Supreme Court. And as Gelber noted, a New Jersey state lawmaker has already announced that she will introduce a bill that would prevent texters in Shannon Colonna's position from being sued for their actions. For now, though, you're courting a possible lawsuit if you text someone who's driving in New Jersey.

Peters writes Slate's crime blog. @slatecrime.

Text Only
Community News Network
Garage Sale Advertising
Facebook
NDN Video
Bill Murray Continues To Be Just Bill Murray By Eating Some Free Bill Murray Ice Cream Deja vu: Another NYPD officer choke-holding a suspect Hillary Clinton Blamed Bill's Affair With Monica Lewinsky On Abuse He Suffered As A Child 'Fifty Shades of Grey': Watch the Super Sexy First Trailer Now! Reports: Ravens RB Ray Rice Suspended For 1st 2 Games Of The Season Chapter Two: Becoming a first-time director Air Algerie plane with 119 on board missing over Mali Diamond Stone, Malik Newman, Josh Jackson and others showcase talent Free Arturo - The World's Saddest Polar Bear A Look Back at Batman On Film Through The Years LeBron James -- Dropped $2k On Cupcake Apology ... Proceeds To Benefit Charity Snoop Dogg Says He Smoked Weed at the White House Raw: Fight Breaks Out in Ukraine Parliament Chris Pratt Interrupts Interview To French Braid Intern's Hair Shirtless Super Mario Balotelli Dances While Ironing - @TheBuzzeronFOX Whoa! Watch "Housewives" Star Do the Unthinkable LeBron apologizes to neighbors with cupcakes Justin Bieber In Calvin Klein Underwear Shoot Samsung Pre-Trolls The IPhone 6 With New Ad Jimmy Kimmel Introduces His Baby Girl
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.