If You Text Someone Who Is Driving, You Can Be Sued In NJ

In a groundbreaking New Jersey appeals court decision, it has been ruled that a person can be sued for texting the driver of a vehicle involved in an accident. In essence, a person nowhere near the vehicle, with no involvement in the operation of the vehicle, can be held liable for an accident caused by that vehicle. Read more below for more details.*

    By now, everyone is well aware of the fact that using electronic devices while driving is a very dangerous activity. Many states, including New Jersey, have outlawed the use of hand-held mobile devices for this very reason. However, there has been no discussion about the people who are sending those texts to the driver...until today. 

    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."

    However, the Court put tight requirements on the ruling. There can be liability 

"only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted."

    Basically, the Court is making clear that the sender of a text is safe to assume that the driver will not read the text message; only if they are sure that the person is driving, and will view the text while driving, will the texter be held responsible. Unfortunately, the Court gave very few details about what evidence would be able to show that a texter knew for certain that the driver would view the text while driving. 

    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.

*  This analysis takes the law as it stands on August 27, 2013. Keep in mind that laws and judicial interpretation can change.