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fucktoyprincess -> RE: Sued for Texting a Driver (5/23/2012 5:45:05 PM)
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Have not read whole thread, so may be repeating what's already here.
No, a sender of a message should not be held liable for the fact that the recipient chooses to read the text/email/whatever the communication is, while the recipient is driving. There is only one place to put the responsibility for not doing things on one's phone while driving - and that is with the driver. Anything else simply doesn't make sense. Even if the sender knows the person is actually in the car at the time, i.e., they get a text from the driver saying, "I am in the car", I would still place the responsibility on the driver. The driver simply does not need to be using their phone while driving.
I do not use my phone in any way, shape or form while driving. It is absolutely distracting. And anyone who doesn't think so, probably thinks drunk driving is also safe.
If one absolutely needs to be in touch with someone at that moment, one can pull over to the side of the road and talk/text/whatever, before resuming one's driving. But again, these are all things that are in the driver's control, not the sender's.
Not to mention, everything comes into my phone - calls, voicemail, email, texts. One of the joys of having electronic modes of communication is that one can actually choose when one wants to deal with them. Someone sending me something does not mean I have to read and respond immediately. That's not the way email, voicemail and texting work. One responds when one can. And I think driving is a situation when one can't. And that is the driver's responsibility alone.
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