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N/A | National SMS Sender & Recipient liable in accident.

Discussion in 'Politics, Laws, Government & Insurance' started by cjvfr, Aug 29, 2013.

  1. In a civil action a New Jersey appeal court has found that both the sender and recipient of a phone text are responsible in an accident involving a vehicle and a motorcycle.

    The decision stemmed from a 2009 accident where a 17-year-old girl texted a friend just before that friend crashed his pickup truck into a Morris County couple on a motorcycle.

    CBS - New York

  2. The US of A is fcuked up... a number of years ago, parents of a teenager who was killed in an road accident successfully sued the parents of their teenager's friend. Apparently the teenagers had broken the lock off the liqueur cabinet whilst the parents were out of town and got themselves nine-parts tanked. The case was presented stating that the parents had not secured the alcohol well enough from the teenagers and as such, were indirectly responsible for their son's death.

    Closer to home, a 26yo woman (known to me) died last Monday night on the Northern Beaches when her car left the road and slammed into a tree. Her boyfriend was talking to her on the phone at the time and heard the accident occur. Could the parents of the girl contribute liability to him even though the phone in the cage was mounted in a cradle and being used hands-free?
  3. Regarding the civil action raised by @cjvfr, surely the sender of the SMS can't be held responsible. The receiver could have simply chosen to ignore the message until it was safe (like parked) to give it attention. Hell, we send SMS's from time to time... who's to say whether the recipient is in control of a vehicle at the time.
    • Agree Agree x 1
  4. The sender would in no way have known the recipient was driving, it's typical USA lawyers doing their thing to get paid regardless of how the case goes.
  5. Complicated by texting (while driving) being legal in a a lot of states in the US. Therefore due care falls on the person(s) doing what they are doing carefully enough. In this case it might have been that the sender knew that the driver was driving and would read it.
  6. What astonishes me is that it was an Appeals court that made this decision, normally this kind of decision would be a lower courts idiocy. As others have said you have no way of knowing what the person you are texting is doing. The driver has to take sole responsibility in this matter.

    It will have to be appealed to a Federal court I would think?
  7. imagine if one sued a large company because they crashed their car while reading a promotional text they received while driving?
  8. Did you read the article???

    On Tuesday, a state Appeals Court ruled that the girl in that particular case could not be held liable. But it also ruled “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.”

    They would only have been held liable if they had known.

    You should apologise for defaming a great country on your lack of reading skills.
  9. That cuntry can get fukked
    • Like Like x 1
  10. Someone start a nodding thread quick while smee is in the mood.
    • Like Like x 1