The age of technology has brought about some interesting questions regarding liability. Although people may not have a physical influence at the scene of a crime or accident, their electronic presence could impact one party’s ability to perform certain duties. Although it is not yet a criminal act to text someone who is driving, more people are beginning to question the liability of texters due to recent law suits.
The Case of the New Jersey Texter
In 2009, a New Jersey couple was badly injured by a driver whose truck drifted into their lane. After settling with the driver, the couple decided to go after his girlfriend as well because she texted him before the crash and was said to be the cause of his distracted driving. The court could not prove the driver’s girlfriend knew he was driving when she sent the text, and, therefore, she was not liable. However, this case led to many questions about the liability of those who text a driver.
What Does the Law Say?
The driver of a vehicle is responsible for operating under a “duty of reasonable care.” This means drivers must take an ordinary amount of care to ensure the safety of passengers and others on the road. If the prosecution proves a driver breached the duty of care, and that breach resulted in harm or injury to others, the driver is guilty of negligence. IT's extremely important to work with a car accident lawyer to fully understand the laws and your rights.
In some states, the passenger of a vehicle must also act with reasonable care. If the passenger doesn’t take reasonable care, he or she could bear the guilt in an accident. It usually takes a great deal of investigation to prove liability in such a case. If a non-driver’s text directly affected the driver’s ability to act with reasonable care, the texter could be found guilty if a prosecutor proves he or she was aware the driver was operating a vehicle at the time. Because the texter is not physically in the vehicle, liability is even more difficult to prove, but it’s not impossible.