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Author Topic: Should text-message senders be liable if a crash occurs? Back to Topics
PD

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Message Posted: Sep 4, 2013 11:06:41 AM

We all know that anyone texting and driving is a risk to all of us; an accident waiting to happen. And when it does he or she should suffer the harshest penalties that applicable laws may provide.

But what about the person who sends the text to the driver?

A New Jersey court now says a person who knowingly sends a text to a driver can share liability if the driver causes an accident. The ruling came last week in the case of a couple severely injured when their motorcycle was hit by a teenager who was texting while driving in 2009.

The injured couple settled their lawsuit against the driver for $500,000. They also sued his girlfriend, who sent him a text message.

The appeals court says someone who...

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JOHNJOEYJOE
Champion Author Texas

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Message Posted: Apr 23, 2014 1:09:31 PM

No! It's the drivers responsibility to drive safely.
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cra2006
Champion Author Washington DC

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Message Posted: Apr 18, 2014 11:00:42 AM

No, the person sending the text don't know your driving and they not forcing you to look at the phone. It's all on the driver.
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fonz08wrx
All-Star Author Durham

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Message Posted: Apr 18, 2014 10:05:28 AM

stupidest thing ever i get text from people all the time while I'm driving i quickly glance at it and wait until I'm stopped to reply. 90% of the time people don't know you're driving and it's called restraint everyone can wait unit being stopped to reply to a text the person who sent it has nothing to do with it
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mnrick041
Champion Author Twin Cities

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Message Posted: Apr 17, 2014 6:11:15 AM

This is ridiculous. I can text whoever I want to text and it is their responsibility to read the text at a safe moment. I am not liable for sh*t.
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Timons
Champion Author Houston

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Message Posted: Apr 16, 2014 6:30:27 PM



Just turn your phone OFF when you leave an argument.
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dieselpower2014
All-Star Author Atlanta

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Message Posted: Apr 15, 2014 11:39:57 PM

What about the person reading the newspaper while driving. Yes I have seen this. Or person messing with the radio. Or women who put on there make-up.
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xbAG
Champion Author California

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Message Posted: Apr 15, 2014 9:05:42 PM

no.how can u prove the sender knows the other person is driving?

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2parrots
Champion Author Massachusetts

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Message Posted: Apr 14, 2014 12:38:34 PM

No .Only the driver
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Mwmemt
Veteran Author Detroit

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Message Posted: Apr 14, 2014 7:41:27 AM

Yes, most of young drivers can't chew gum and drive at te same time.
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Raider44
Champion Author Allentown

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Message Posted: Apr 1, 2014 1:16:36 PM

It is the driver, who must have the instant gratification of reading the text while driving to cover for the lack of meaning in his/her life, who should bear the responsibility. Pull over if it is that important to you.
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gasmask78
Champion Author Virginia

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Message Posted: Mar 31, 2014 7:06:09 PM

could be one in the same
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deant99
Champion Author Ontario

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Message Posted: Mar 28, 2014 11:00:45 PM

Even if the text'er knew the individual was driving, it is the driver that breaks the law by using the hand held device.
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metsghia
Sophomore Author Jacksonville

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Message Posted: Mar 3, 2014 3:25:29 PM

No-- the driver has the option of reading the text or talking on the phone just as the decision to run a red light or park in an illegal parking spot. You are willing to accept the results.
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WEB0153
Champion Author Maryland

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Message Posted: Mar 3, 2014 6:14:12 AM

nope
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babycatt116
Champion Author Massachusetts

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Message Posted: Mar 1, 2014 2:26:42 PM

Michael they weren't saying to sue anybody, they were saying they should be responsible for their own actions and NOT text while driving ... not just sue someone because their loved one was killed because of a person texting while driving ... read the article.
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riggers711
Champion Author Washington

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Message Posted: Mar 1, 2014 3:43:18 AM

YeYes
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Michael_W_
Rookie Author Maryland

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Message Posted: Feb 26, 2014 6:14:52 PM

No way! If the driver is that much of a dumbass that's their fault. You don't have to look at your phone. Wait until you park. If you break the law ts someone else's fault. Ridiculous! That is one thing wrong with this country, is to push blame and let's sue everybody. Stand up and take responsibility for your actions. This is a great country but full of greedy, whiny, selfish people.
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JOHNJOEYJOE
Champion Author Texas

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Message Posted: Feb 26, 2014 3:50:12 PM

No doubt in my mind, YES!
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babycatt116
Champion Author Massachusetts

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Message Posted: Feb 26, 2014 2:45:29 PM

that is a great big yes ... fined ... and just like drunk drivers, should have to take a class for a certain amount of hours. Its gotten out of hand. Do you know how many people I have been stuck behind at a light because they were too busy with their phones? Or were weaving iin & out of traffic because of their phones? Drinking coffee in one hand , the phone in the other & steering with their knees? So my answer to this is YES! Too many innocent lives are lost because of texting & driving. Hell, just talking on the phone while driving is enough of a distraction to me!
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gasmask78
Champion Author Virginia

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Message Posted: Feb 26, 2014 2:10:00 PM

yep
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scooby258_2000
Champion Author Indiana

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Message Posted: Feb 21, 2014 2:36:23 PM

this should apply to every state, but we as drivers with cell phones should also download a text while driving app to our smart phone automatically notifying the person texting us that we are driving and will get back to them as soon as we can... wow what a concept, still driver fault if he/she looks at text while driving
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BigBearHug
Champion Author Amarillo

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Message Posted: Feb 20, 2014 6:23:19 AM

you bet!!!!!!!!!!!!!!!!!!!!!!
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BigBearHug
Champion Author Amarillo

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Message Posted: Feb 18, 2014 6:11:34 AM

With out a doubt ... and double if their lawyers get involved!!!
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baddog58
Champion Author Texas

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Message Posted: Feb 17, 2014 4:35:51 PM

Yes! If you get an emergency text, pull off the road; if not an emergency, either do the same or keep your fingers on the steering wheel!
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magpie2013
Champion Author Milwaukee

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Message Posted: Feb 12, 2014 4:37:10 PM

I was hit by such a person guess what the police found on the floor of the vehicle. You got it a cell phone and the person on the other end was still talking, no need to ask were you on your phone and wait for it wait for it oooow busted.
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YumanBeing59
Rookie Author Arizona

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Message Posted: Feb 12, 2014 11:28:36 AM

Absolutely yes!
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Raider44
Champion Author Allentown

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Message Posted: Feb 12, 2014 7:15:51 AM

worse than drunken driving
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rumbleseat
Champion Author Winnipeg

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Message Posted: Feb 9, 2014 2:55:58 AM

The stupidity continues.
People commenting without any comprehension of the article, and these people vote!
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Z51Corvette
Champion Author Austin

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Message Posted: Feb 8, 2014 11:26:45 PM

Absolutely! I am tired of it and likely a victim of someone texting, before hitting me! How do you prove it though...
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kishoreCA
Champion Author Ventura

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Message Posted: Feb 8, 2014 2:03:39 PM

yes
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gasmask78
Champion Author Virginia

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Message Posted: Feb 7, 2014 12:49:26 AM

For the love of God, YESSSSS!
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gasmask78
Champion Author Virginia

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Message Posted: Feb 7, 2014 12:49:07 AM

Yes
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gasmask78
Champion Author Virginia

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Message Posted: Feb 7, 2014 12:48:59 AM

Yes.
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Kinglemuel
All-Star Author North Carolina

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Message Posted: Feb 5, 2014 12:00:10 PM

no, like others have said, how is the texter to know what the recipient is doing?
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The_Waysiders
Champion Author Georgia

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Message Posted: Feb 4, 2014 9:45:05 AM

No.
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gasmask78
Champion Author Virginia

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Message Posted: Feb 4, 2014 12:44:23 AM

yes, unless the person was unaware that the recipient was driving...then, no.
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tiger9916
Champion Author Winnipeg

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Message Posted: Feb 3, 2014 5:02:16 AM

No, not a chance.
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Trinor
Sophomore Author Florida

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Message Posted: Jan 22, 2014 10:29:44 PM

How is the person that SENT the text liable? If I don't know that the person I am texting is out and about driving, then it's on them to either set their phones in driving mode and wear a bluetooth or just not acknowledge the text until they have stopped.
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magpie2013
Champion Author Milwaukee

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Message Posted: Jan 15, 2014 8:49:41 PM

Of course, pull over when talking or texting or pay the consequences. I see too much of it on the road, and they can't handle their cars. Slow or too fast and close to the back end of everyone else. They are static and erratic on the road. Lets face it folks, these people are rude, and bad drivers. If they cause the accident they should pay for it, and if a cell phone is involved ticket them for that too. They are no better than a drunk driver.
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Calbo1
Champion Author Las Vegas

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Message Posted: Jan 10, 2014 12:33:44 PM

Of course, they were not paying attention
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espo85
All-Star Author Connecticut

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Message Posted: Jan 10, 2014 11:51:00 AM

No. Even of they know the person is driving, the driver still has the option to not look at the message.
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mbfd302
Champion Author Miami

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Message Posted: Jan 9, 2014 12:36:01 AM

What am I do to? Call first to find out the other person is not driving?
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Raider44
Champion Author Allentown

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Message Posted: Jan 8, 2014 3:20:32 PM

absolutely!!
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hotrod85merc
Rookie Author Ottawa

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Message Posted: Jan 7, 2014 1:59:26 PM

Wow! The stupid is strong amongst most of the respondents to this. It's the driver's choice to look at or respond to the text while driving and they are solely responsible for the consequences should they choose to do so. Seriously, how is someone who is possibly hundreds or thousands of miles away sending a text to somebody supposed to know if the recipient is driving when they send it? What ever happened to personal accountability?

EDIT: I completely agree with "rumbleseat".

[Edited by: hotrod85merc at 1/7/2014 2:06:29 PM EST]
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gasmask78
Champion Author Virginia

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Message Posted: Jan 7, 2014 2:46:01 AM

Yes.
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gasmask78
Champion Author Virginia

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Message Posted: Jan 7, 2014 2:45:45 AM

Duh
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gasmask78
Champion Author Virginia

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Message Posted: Jan 7, 2014 2:45:30 AM

Yes
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gasmask78
Champion Author Virginia

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Message Posted: Jan 7, 2014 2:45:14 AM

Yes
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pilotmass
Champion Author Boston

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Message Posted: Jan 3, 2014 10:24:44 AM

Depends if relevant.

So you are stopped at a light texting and get rear ended. There is NO CONNECTION BETWEEN TEXTING AND ACCIDENT in that scenario.

Think about it.
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pezbep
Champion Author Miami

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Message Posted: Jan 2, 2014 2:38:14 PM

absolutely also if talking on the cell phone - how can anyone be responsible if they are not aware of what is going on around them
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