by Kate Freeman 28
A young man crashes into a couple on their motorcycle while texting and driving. Looking at the outcomes from numerous other distracted driving cases, we know it’s likely the driver of the truck who was texting will be at fault. But what about the person he’s texting?
That’s the issue in a New Jersey case involving a couple who each lost a leg from an accident caused by Kyle Best, who was driving a truck, allegedly with his elbows, while texting. But the couple, David and Linda Kubert, are also suing his girlfriend Shannon Colonna who they say knew her boyfriend was driving while they were texting. The Kuberts’ lawyer argues that she was “electronically present” for the accident. The couple exchanged 62 text messages that day.
Todd Clement, an attorney specializing in distracted driving who is not involved with this case, told Mashable the issue in this case is the “ping-pong” type texting exchange between the teens, plus the fact his girlfriend allegedly knew he was driving. Texting while driving is an illegal activity in New Jersey.
An analogous situation throughout the country is “social host liability” laws, which makes hosts of parties serving alcohol liable if one of the guests gets behind the wheel and hurts someone badly. Employers are also held liable for employers talking on cellphones while driving, especially when employers are participants in the call.
“It is not that the sender’s liable because they sent the text,” Clement explained. “If they are liable at all it’s because they are engaging in an act that’s illegal.”
Take the poll below and tell us in the comments: Do you think the person texting a driver should also be held responsible for any accidents caused if they know the person is driving?
That’s the issue in a New Jersey case involving a couple who each lost a leg from an accident caused by Kyle Best, who was driving a truck, allegedly with his elbows, while texting. But the couple, David and Linda Kubert, are also suing his girlfriend Shannon Colonna who they say knew her boyfriend was driving while they were texting. The Kuberts’ lawyer argues that she was “electronically present” for the accident. The couple exchanged 62 text messages that day.
Todd Clement, an attorney specializing in distracted driving who is not involved with this case, told Mashable the issue in this case is the “ping-pong” type texting exchange between the teens, plus the fact his girlfriend allegedly knew he was driving. Texting while driving is an illegal activity in New Jersey.
An analogous situation throughout the country is “social host liability” laws, which makes hosts of parties serving alcohol liable if one of the guests gets behind the wheel and hurts someone badly. Employers are also held liable for employers talking on cellphones while driving, especially when employers are participants in the call.
“It is not that the sender’s liable because they sent the text,” Clement explained. “If they are liable at all it’s because they are engaging in an act that’s illegal.”
Take the poll below and tell us in the comments: Do you think the person texting a driver should also be held responsible for any accidents caused if they know the person is driving?
Mashable Poll
What do you think?
Do you think texters should also be responsible for distracting drivers?
