The appeals court of New Jersey made clear that
"the sender of a text message can potentially be liable if an accident is caused by texting."
"only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted."
The bottom line to take away from this ruling: if you are texting someone and you come to know that they are texting you back and forth while driving a vehicle, you should immediately STOP texting that person. Besides creating a safety issue for your friend and others on the road, you may find yourself on the wrong end of a lawsuit.