Sued for Texting a Driver (Full Version)

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joether -> Sued for Texting a Driver (5/22/2012 8:47:19 AM)

Its long and drawn out and best to be read on the site before commenting here. I'm curious to the outcome as it could effect many other areas or concepts in the future. If you were the judge in question, how would you determine fault if any?



subrob1967 -> RE: Sued for Texting a Driver (5/22/2012 8:55:00 AM)

How is the texter supposed to know the recipient is in control of a vehicle?



DomKen -> RE: Sued for Texting a Driver (5/22/2012 8:55:30 AM)

I think the crux of the matter in this case is whether the sender knew the receiver was driving when the text was sent and had reason to believe the driver would check his phone when he received the text.

Still this is a stretch to attach civil liability to that. It is not my fault if someone else acts irrepsonsibly. When I send texts I fully expect the reply to be delayed if the receiver is on the road or otherise engaged. It's why I send texts instead of calling.



tj444 -> RE: Sued for Texting a Driver (5/22/2012 9:09:42 AM)

well,.. i never text anyone and no one texts me either but then then they dont have to.. i get emails from several accounts sent to my blackberry and can read them anywhere, including when i am driving.. just like texts.. so then if it applies to texts the next thing it for it to apply to emails.. many of my emails are subscriptions from businesses tho so could they be liable??? I also subscribe to live webinars.. which might be accessible from my cell, or ipad which i can access anywhere since its with AT&T 3G so including driving ..

Imo, the person(s) suing expect someone to pay (& they dont care who or if they are responsible or not),.. if not the actual driver if he has no money, assets or enough insurance, then the text sender might have the bucks..

I think its a stretch but one never knows.. thats why some people have their money and assets bulletproof (or as hard to get to as possible)..

eta- if the texter is getting sued its cuz the plaintiff has done a search and the texter has assets/money so has a target on his/her back.. they dont tend to sue as often if they cant find assets or money that they can collect on..

JMO..



joether -> RE: Sued for Texting a Driver (5/22/2012 10:00:50 AM)

quote:

ORIGINAL: DomKen
Still this is a stretch to attach civil liability to that. It is not my fault if someone else acts irrepsonsibly. When I send texts I fully expect the reply to be delayed if the receiver is on the road or otherise engaged. It's why I send texts instead of calling.


But there in lies the point of the case: How do you know the other person is or isnt on the road? And when they didnt respond immediately, you text again? The second time, the person looks at their smartphone/cellphone and WHAM, the accident takes place. Because the driver got annoyed at your texts, you in some small way help create the accident. The case is not about passing full blame onto the original texter (and I'm sure you realize that). What percentage of the damage is the sender of the text responsible to pay, if any at all?

I believe the heart of the issue is two fold:

A) There really isnt much material in the other states to go on, or even theories in the legal forums before this case
B) If its true that the sender can be held to some level of accounibility, what does this say in other instances? Where does the society draw the line?

It sound to me like a tough legal matter that hopefully, will have some sound wisdom in its final decision.



Owner59 -> RE: Sued for Texting a Driver (5/22/2012 10:35:46 AM)

quote:

ORIGINAL: subrob1967

How is the texter supposed to know the recipient is in control of a vehicle?



That`ll be the crux of this case.

It`s possible to prove the sender knew the receiver was driving if there were words like OMWH or I`m driving etc.

Other than that tho,there`s no way one could know what the other was doing(unless texted about).

Could be walking,in the can,pulled over on the side of the road.....anywhere.

It`s a bit much to assume the sender knew the kid was driving home.

We`ll see tho.

I feel sorry for the couple who both lost both their legs and for the kid`s family.



littlewonder -> RE: Sued for Texting a Driver (5/22/2012 12:27:05 PM)

Other than asking the person if they're driving, I have no idea how someone would know the person is driving. With my daughter I will usually put in my text for her to text me when she's not driving if I think it's around a time when I think she's driving. Yeah it should be common sense but she's a young adult. She doesn't live with me, it's not my car so it's not like I can force anything from her or anyone else for that matter.

I don't think this stands a chance at all.



DarkSteven -> RE: Sued for Texting a Driver (5/22/2012 1:31:12 PM)

I can remember some texts which I sent that did not get received for hours. And who's to say that the recipient didn't read the text while stopped at a red light?

The driver presumably is aware that texting while driving is unsafe. The texter is equally aware of the danger but is unaware that the recipient is driving. I can see why the lawyer is trying to implicate the sender but that creates a responsibility for "knowing" that is way too high for me.



Winterapple -> RE: Sued for Texting a Driver (5/22/2012 1:48:47 PM)

FR
The driver made the choice to answer the text while driving.
If a driver gets to caught up in something on the radio and causes
an accident do you sue the radio station?



MileHighM -> RE: Sued for Texting a Driver (5/22/2012 2:05:43 PM)

This another case of someone boo-hooing and refusing personal responsibility... what if they called instead? Ultimately, if you are driving a car you should ignore your phone. That is your responsibility as a driver. If you drink, you shouldn't drive, not drive and then sue the bar.



Yachtie -> RE: Sued for Texting a Driver (5/22/2012 2:37:49 PM)


quote:

ORIGINAL: subrob1967

How is the texter supposed to know the recipient is in control of a vehicle?



So what? It's the one in control of the vehicle who makes the determination to either/or.

I've read some bogus shit and this is right up there. With the courts getting involved, who knows. It's like they're on drugs these days or something.



Yachtie -> RE: Sued for Texting a Driver (5/22/2012 2:39:40 PM)


quote:

ORIGINAL: DarkSteven

I can see why the lawyer is trying to implicate the sender ...


Sure. A % of the award.



SternSkipper -> RE: Sued for Texting a Driver (5/22/2012 3:49:01 PM)

quote:

With the courts getting involved, who knows. It's like they're on drugs these days or something.


This is a topic for idiots to debate in my opinion. I'm sorry I wasted time even reading the link target. And as I can see those eminently qualified are already here and well into it.

Laytah



erieangel -> RE: Sued for Texting a Driver (5/22/2012 4:41:07 PM)

This is like holding the bartender responsible for a drunk driving accident.
The gun dealer responsible for a shooting death.

It will go nowhere.

In PA, it is now illegal to text while driving. IMO, using the cellphone at all while driving should be illegal.




kalikshama -> RE: Sued for Texting a Driver (5/22/2012 4:56:16 PM)

I'm with Colonna's lawyer:

http://redtape.msnbc.msn.com/_news/2012/05/22/11797573-could-you-be-sued-for-texting-with-a-driver-experts-say-maybe?lite

There's a simple three-pronged test to prove someone is partly to blame for causing an injury by aiding and abetting someone else. It is set out in the Restatement of Torts published by the American Law Institute, which guides most civil courtrooms:

1) The party the defendant assists must do a wrongful act;
2) The party must be generally aware of his or her role in the illegal or "tortuous" act;
3) The party must "substantially assist" in the principal violation.

Weinstein think his argument is easy to make. The driver violated the law by texting while driving. Colonna, the text sender, should have known that Best was driving home from work and had to know texting while driving was a violation, he said. Therefore, it's hard to argue that a text sender isn't substantially assisting in the creation of a text message conversation that violates New Jersey's driving laws.

"That very comfortably satisfies the third prong of the legal test," he said.

Colonna’s lawyer, Joseph McGlone, doesn't think the argument has any merit, and has asked Morris County Superior Court Judge David Rand to dismiss the case. Rand is scheduled to rule this week on McGlone’s motion to dismiss the case.

The sender of a text message has no way to control or predict when the recipient will read it, McGlone argues.

"The sender of the text has the right to assume the recipient will read it at a safe time,” McGlone told the local Daily Record newspaper. “It’s not fair. It’s not reasonable. Shannon Colonna has no way to control when Kyle Best is going to read that message."



tj444 -> RE: Sued for Texting a Driver (5/22/2012 5:31:24 PM)

of course the kid texting while driving is responsible but the kid is a kid with no assets and likely the most basic insurance which covers pretty much nothing.. its all about who has the money to pay.. if they dont get the money from the other person the kid was texting with and if they didnt have disability or accident insurance of their own (which they should have had imo) then they will likely end up with squat.. So imo its got nothing to do with responsibility but everything to do with trying to stick someone that has money/assets with the bill..

That is the American way,.. and the govt twists and stretches the law to do what they want so that attitude has spread into other aspects of law and lawsuits & sue everyone you can.. some people might even settle out of court rather than be forced to pay tens of thousands in legal fees even if its a totally bogus lawsuit..

JMO..




Owner59 -> RE: Sued for Texting a Driver (5/22/2012 5:50:22 PM)

 
One will get more money suing two insurance companies.


I can`t call this lawyer greed tho.Those two are going to need every cent they get and then some and will still eventually fall on the state to pay their bills.


The farther off we can put that date off the better.I`d rather insurance companies pay then the tax payer.


I wonder tho........who here would trade their legs for money.........even a billion dollars.......


I wouldn`t. Not for ten billion.



littlewonder -> RE: Sued for Texting a Driver (5/22/2012 5:58:33 PM)

quote:

This is like holding the bartender responsible for a drunk driving accident.


Actually there is a law for this. It's called the Dram law. When my husband died from drunk driving, the bar was sued and they paid a hefty fine.



tj444 -> RE: Sued for Texting a Driver (5/22/2012 7:11:46 PM)


quote:

ORIGINAL: Owner59
One will get more money suing two insurance companies.
I can`t call this lawyer greed tho.Those two are going to need every cent they get and then some and will still eventually fall on the state to pay their bills.
The farther off we can put that date off the better.I`d rather insurance companies pay then the tax payer.
I wonder tho........who here would trade their legs for money.........even a billion dollars.......
I wouldn`t. Not for ten billion.

of course they will need every cent they can get but I expect its their insurance company that is also steering the wheel here.. whatever they pay they to the victims they want to recover..

But if the kid had only the basic insurance then thats not going to cover much.. which is why they are trying to go after someone else with deeper pockets than the kid.. I dont think its gonna work but if they are going to court anyway, whats one more name added to the lawsuit? it would cost about the same to them.



LizDeluxe -> RE: Sued for Texting a Driver (5/23/2012 5:58:54 AM)


quote:

ORIGINAL: erieangel
In PA, it is now illegal to text while driving. IMO, using the cellphone at all while driving should be illegal.


Along with eating, drinking, singing, putting on makeup and having kids in the car with you. All distractions that make driving unsafe.

I say that if they can show beyond a reasonable doubt that the texter knew the textee was driving then hold the texter accountable, too.




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