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RE: Sued for Texting a Driver - 5/23/2012 6:12:48 AM   
Hillwilliam


Posts: 19394
Joined: 8/27/2008
Status: offline 		This is one case that absolutely begs for our tort laws to be like Some (maybe most or all) areas of Europe.

If someone sues and loses, they are responsible for the attorney fees of the other party. I think this would make some people think twice about stupid assed suits like this one.

If anyone is familiar with European tort law, I'd appreciate a comment.

< Message edited by Hillwilliam -- 5/23/2012 6:13:34 AM >

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RE: Sued for Texting a Driver - 5/23/2012 8:37:44 AM   
Iamsemisweet


Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline 		Any smart lawyer is going to sue anyone who could credibly be argued to be liable. No mystery there.
As to the liability of the sender, I would think it would depend on whether she sent one message or series; if he told her he was driving or if she was familiar enough with his schedule to know that he was. Her argument, particularly if only one message was sent, is that she believed he would respond when he got home, or could otherwise do so safely.

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RE: Sued for Texting a Driver - 5/23/2012 8:41:01 AM   
Owner59


Posts: 17033
Joined: 3/14/2006
From: Dirty Jersey
Status: offline
quote:

ORIGINAL: Hillwilliam

This is one case that absolutely begs for our tort laws to be like Some (maybe most or all) areas of Europe.

If someone sues and loses, they are responsible for the attorney fees of the other party. I think this would make some people think twice about stupid assed suits like this one.

If anyone is familiar with European tort law, I'd appreciate a comment.



So just for arguement`s sake........if a couple were to say lose all there legs.....as unlikely as that is and they sue and lose(as unlikely as that is).......the legless....broke-ass crash victims should now have to pay all the fees?!

Think about that a sec.

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RE: Sued for Texting a Driver - 5/23/2012 8:44:57 AM   
Iamsemisweet


Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline 		I don't think this is a stupid suit. The attorney has a credible legal argument, whether he is successful or not. Besides, I suspect the sender's insurance company is paying for her defense, or he wouldn't have bothered to sue her in the first place.
quote:

ORIGINAL: Hillwilliam

This is one case that absolutely begs for our tort laws to be like Some (maybe most or all) areas of Europe.

If someone sues and loses, they are responsible for the attorney fees of the other party. I think this would make some people think twice about stupid assed suits like this one.

If anyone is familiar with European tort law, I'd appreciate a comment.



_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to Hillwilliam)
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RE: Sued for Texting a Driver - 5/23/2012 8:53:47 AM   
Owner59


Posts: 17033
Joined: 3/14/2006
From: Dirty Jersey
Status: offline 		Not frivolous.....if the person knew.

I`m still surprised when I see people fucking texting while doing 65 on Rt I-80.Same with cell phones.

It`s a 5 hundred dollar ticket here.For a hundred,one could set up a hands-free phone and talk.

I once saw a guy reading the newspaper as he drove.

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RE: Sued for Texting a Driver - 5/23/2012 8:59:04 AM   
LaTigresse


Posts: 26123
Joined: 1/15/2006
Status: offline 		I commute 100 miles a day, Monday thru Friday.

Before the job I have now I was a traveling sales monkey. Often times logging in over 300 miles a day.

I have seen women applying makeup, reading novels, fixing hair. I have seen men getting blow jobs, working on a laptop, shaving, reading a newspaper. I have seen a couple trying to switch places while driving, I have seen a couple try to have intercourse while driving.

I have also seen human body parts strewn across the I-state and once, a pool of blood so big I cannot imagine it came from one body, inside the car that was upside down with the blue tarp covering the windows. I have also seen and heard, a person burning to death in a vehicle no one could get close enough to rescue.

I don't like any distractions while I am driving. I sure as fuck don't try to text, or read texts, when behind the wheel.

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RE: Sued for Texting a Driver - 5/23/2012 9:11:21 AM   
Owner59


Posts: 17033
Joined: 3/14/2006
From: Dirty Jersey
Status: offline 		That`s quite a lot, LaTigress.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


At the recent car show......there was an unexpected debate......about how much should be added to car dashes.

There was a school of thought that was still very much into adding and enhancing the dash with more and better stuff.We all love stuff...the cooler the better....right?

But there was also......for the 1st time that I know of......people saying.... no.Stop that crap.

No LCDs and screens.Less instead of more.No reason at all to ever have to look away from the road.

One of the best innovations IMO was radio and cruise controls at your thumbs on the steering wheel and hands free cell phones.

< Message edited by Owner59 -- 5/23/2012 9:13:44 AM >

_____________________________

"As for our common defense, we reject as false the choice between our safety and our ideals"

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RE: Sued for Texting a Driver - 5/23/2012 9:35:32 AM   
MileHighM


Posts: 400
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Status: offline 		You know what would be the best thing to put in a car? A cell phone jammer---It would save more lives than seatbelts!

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RE: Sued for Texting a Driver - 5/23/2012 10:04:48 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: Hillwilliam
This is one case that absolutely begs for our tort laws to be like Some (maybe most or all) areas of Europe.
If someone sues and loses, they are responsible for the attorney fees of the other party. I think this would make some people think twice about stupid assed suits like this one.
If anyone is familiar with European tort law, I'd appreciate a comment.


Actually, I think what should happen is if a stupid-ass case goes to court and gets thrown out (which means it didn't go to jury deliberation), the plaintiff's lawyer gets to pay the defendant's legal fees.

It won't prevent all stupid-ass lawsuits from going, and from winning.

I recall a case where a woman tried to commit suicide by throwing herself in front of an oncoming subway train. The train engineer (driver?!? no idea what this person's title is) was warned that there was a woman acting loony on the tracks ahead of him. He hit her, but nowhere near full speed. It threw her and broke her leg or something, but didn't kill her. She sued. She won. She won some ridiculously huge penalty that was hacked down by the judge because it was at least partially her fault for putting herself in front of an oncoming subway train.

She won because the train dude (told you I didn't know the correct title) hit her and didn't come to a full stop after being warned about the nutjob. IMO, that's re-fucking-diculous.

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RE: Sued for Texting a Driver - 5/23/2012 11:06:32 AM   
Hillwilliam


Posts: 19394
Joined: 8/27/2008
Status: offline
quote:

ORIGINAL: LaTigresse

I commute 100 miles a day, Monday thru Friday.

Before the job I have now I was a traveling sales monkey. Often times logging in over 300 miles a day.

I have seen women applying makeup, reading novels, fixing hair. I have seen men getting blow jobs, working on a laptop, shaving, reading a newspaper. I have seen a couple trying to switch places while driving, I have seen a couple try to have intercourse while driving.

I have also seen human body parts strewn across the I-state and once, a pool of blood so big I cannot imagine it came from one body, inside the car that was upside down with the blue tarp covering the windows. I have also seen and heard, a person burning to death in a vehicle no one could get close enough to rescue.

I don't like any distractions while I am driving. I sure as fuck don't try to text, or read texts, when behind the wheel.

Don't forget people who drive with little yappy assed dogs in their lap. Can you say air bag?

I once saw a woman putting on mascara in a little miata convertible cruising up US 1 at about 45 MPH. She was paying so much attention to her mascara that she drifted underneath a semi.

_____________________________

Kinkier than a cheap garden hose.

Whoever said "Religion is the opiate of the masses" never heard Right Wing talk radio.

Don't blame me, I voted for Gary Johnson.

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Profile   Post #: 30
RE: Sued for Texting a Driver - 5/23/2012 11:42:24 AM   
littlewonder


Posts: 15659
Status: offline 		My oldest sister ended up flipping her car and destroying it and with her landing in the hospital all because she was paying attention to changing the radio station.


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RE: Sued for Texting a Driver - 5/23/2012 11:49:40 AM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline 		One guy i chatted to several years ago would jerk off (using a condom to keep the mess "contained") while driving.. i think he got some sort of a thrill from the danger thing.. that really shocked me, I dont even like the distraction of having another person in the car when i am driving, let alone that kinda multi-tasking..

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RE: Sued for Texting a Driver - 5/23/2012 5:01:23 PM   
DesideriScuri


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Joined: 1/18/2012
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quote:

ORIGINAL: DomKen
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.


Does this count for every irresponsible action? Or is there some magical line drawn somewhere delineating what irresponsible actions of others are your fault?

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What I support:

  • A Conservative interpretation of the US Constitution
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RE: Sued for Texting a Driver - 5/23/2012 5:45:05 PM   
fucktoyprincess


Posts: 2337
Status: offline 		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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RE: Sued for Texting a Driver - 5/23/2012 6:32:08 PM   
BBBTBW


Posts: 836
Joined: 5/21/2004
Status: offline 		This is said tongue in cheek.[/color] I think the cell phone companies should be brought in the lawsuit as well. I mean after all, it was those companies that provided the service for the young people to send the text in the first place. Anyone agree???

This is just another way for lawyers to misuse the courts time and money.

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RE: Sued for Texting a Driver - 5/23/2012 6:43:47 PM   
BurntKitty


Posts: 3340
Joined: 9/7/2010
From: Here To Eternity.
Status: offline
quote:

ORIGINAL: Owner59

So just for arguement`s sake........if a couple were to say lose all there legs.....as unlikely as that is and they sue and lose(as unlikely as that is).......the legless....broke-ass crash victims should now have to pay all the fees?!

Think about that a sec.


Why yes, they would lose. They don't have a leg to stand on.



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RE: Sued for Texting a Driver - 5/23/2012 7:29:45 PM   
Owner59


Posts: 17033
Joined: 3/14/2006
From: Dirty Jersey
Status: offline
quote:

ORIGINAL: BurntKitty


quote:

ORIGINAL: Owner59

So just for arguement`s sake........if a couple were to say lose all there legs.....as unlikely as that is and they sue and lose(as unlikely as that is).......the legless....broke-ass crash victims should now have to pay all the fees?!

Think about that a sec.


Why yes, they would lose. They don't have a leg to stand on.









Walked right into that one......... 

< Message edited by Owner59 -- 5/23/2012 7:30:25 PM >

_____________________________

"As for our common defense, we reject as false the choice between our safety and our ideals"

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Profile   Post #: 37
RE: Sued for Texting a Driver - 5/24/2012 7:51:48 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: fucktoyprincess
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.


I am living proof that not everyone who thinks that using a phone while driving is necessarily absolutely distracting, does not think drunk driving is safe. Glad you can keep an open mind about things.

Was this also the same argument used against putting radios in cars?

quote:


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.


That is a very safe alternative. Doesn't mean it should be forced onto us, though.

_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to fucktoyprincess)
Profile   Post #: 38
RE: Sued for Texting a Driver - 5/24/2012 8:24:18 AM   
Iamsemisweet


Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline 		Funniest thing I have seen on here for a long time, crispy critter.
quote:

ORIGINAL: BurntKitty


quote:

ORIGINAL: Owner59

So just for arguement`s sake........if a couple were to say lose all there legs.....as unlikely as that is and they sue and lose(as unlikely as that is).......the legless....broke-ass crash victims should now have to pay all the fees?!

Think about that a sec.


Why yes, they would lose. They don't have a leg to stand on.





_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to BurntKitty)
Profile   Post #: 39
RE: Sued for Texting a Driver - 5/24/2012 8:51:29 AM   
Owner59


Posts: 17033
Joined: 3/14/2006
From: Dirty Jersey
Status: offline 		 
"That is a very safe alternative. Doesn't mean it should be forced onto us, though."



That,I`m afraid is not correct.

If it wasn`t for the law......we`d have imbeciles cooking breakfast and doing laundry while driving 65 mph.

The only thing keeping the most reckless among us from putting ALL our lives in danger are these laws.

If a knuckle head were putting only their own life in danger, that`d be one thing,maybe a good thing.....winnowing the chafe as it were.

Problem is these "freedom loving patriot" ass holes are putting every person`s life in danger with their lazy selfish conduct.

General reply....

Cars make high speed travel deceptively calm.But in fact your body just can`t take a high speed stop.Anything can send you sliding or off into the ditch in an eye blink.

Please watch this public advert to the end.

http://www.youtube.com/watch?v=R0LCmStIw9E

< Message edited by Owner59 -- 5/24/2012 8:58:25 AM >

_____________________________

"As for our common defense, we reject as false the choice between our safety and our ideals"

President Obama

(in reply to DesideriScuri)
Profile   Post #: 40
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