The Dickerson & Smith Law Group
  • Home
  • Firm Overview
  • Practice Areas
    • Bankruptcy
    • Business And Commercial Law
    • Criminal Law
    • Employment Law
    • Estate Planning, Probate And Elder Law
    • Family Law
    • Military Law
    • Personal Injury
    • Real Estate Law
    • Workers’ Compensation
  • Blog
  • Contact
Select Page

Could you be sued for knowingly texting someone who is driving?

On behalf of The Dickerson & Smith Law Group | Jun 3, 2016 | Firm News, Workers' Compensation

Texting while driving is exceedingly dangerous, and many analysts are saying it is even riskier than drunk driving. Statistics from 2014 show that 404 deaths happened as a direct result of drivers using their cellphones while operating their vehicles. These reckless drivers can be sued for their negligence by the victims’ families; they can also be sued by the people they injure.

All this begs the question: Could non-drivers who knowingly text with drivers while they are operating their vehicles be liable for accidents as well? At this point, there aren’t any cases on the books in the United States where a non-driver was deemed to be criminally responsible in a texting-while-driving accident. However, some legal experts believe that the law could be headed in this direction.

In 2013, for example, two New Jersey residents who had their legs amputated as a result of a crash caused by an 18-year-old texter attempted to also sue a 17-year-old girl who was not driving but was sending text messages to the driver. Although this case was dismissed, the injured couple appealed the ruling.

Ultimately, the Superior Court upheld the lower court’s decision, but not for the same reasons you might think. The court deemed that there was no way to know for sure that the young girl was aware that she was texting with someone who was operating a vehicle. The court actually rejected the defendant’s assertion that senders of text messages should not be held liable in texting-while-driving accident cases.

Based on the Superior Court’s view of this case, it seems possible that in a particularly egregious case of texting, a non-driver who knowingly texts with a driver might be liable — to some degree — for accident damages. As it stands, no such personal injury cases have been successfully tried, but it will be very interesting to watch how this legal issue develops over time.

Source: Quartz, “Forget texting while driving. Soon you could be sued just for texting a driver,” Corinne Purtill, June 02, 2016

Recent Posts

  • Have you been injured on scaffolding?
  • Advanced auto technology can help, but do not over-rely on it
  • Should I file bankruptcy?
  • How can you recover from bankruptcy quickly?
  • Tips for repairing credit after bankruptcy

Archives

  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014

Categories

  • Car Accidents
  • Drunk Driving Accidents
  • Firm News
  • Motorcycle Accidents
  • Real Estate Transactions
  • Residential Real Estate
  • Truck Accidents
  • Uncategorized
  • Workers' Compensation

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Give Us A Call For All Legal Matters Big And Small

Divider

Partner with a team of advocates you can depend on. Call us today.

Decorative Divider

The Dickerson & Smith Law Group
115 S. Lynnhaven Road
Suite 100
Virginia Beach, VA 23452

Phone: 757-828-0031
Toll Free: 800-506-8133
Fax: 757-463-3521

Map & Directions
  • Follow
  • Follow
  • Follow
Review Us

© 2019 The Dickerson & Smith Law Group. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters