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Does texting a driver make you responsible for eventual accidents? Judge will decide on Friday

Posted: , by Nick T.

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Does texting a driver make you responsible for eventual accidents? Judge will decide on Friday
In 2009, texting while driving got 19-year-old Kyle Best into a serious car accident. While replying to a text message, his pick-up truck collided with a motorcycle injuring severely the two people who were riding it. As a result, he is being sued in a New Jersey court, and what makes this case really interesting is that the sender of the text message may also be held responsible for the accident.

That is so because Shannon Colonna – the girl who sent the text message, was well aware of the fact that Best was driving at that very moment. Furthermore, the two people had already exchanged several texts prior to the collision, which further reinforces that statement. “They were texting back and forth like a verbal conversation,” ABC News reports. “She may not have been physically present, but she was electronically present.” At the same time, the girl's attorney insists that the driver should have checked the incoming message at a suitable time, not behind the wheel, meaning that the sender should not be held liable for any damage.

That texting while driving poses a serious safety threat is an undisputed fact, and we have discussed the topic here more than a few times. However, this is the first time when we have the person on the other side of the conversation potentially facing some serious consequences, which is what makes the case interesting. The outcome is expected to become known on May 25, when Morris County Superior Court Judge David Rand will state his ruling. In the meantime, do not hesitate to share your opinion with us by dropping a comment. Should the sender of a text message assume any responsibility if that leads to an accident?

source: ABC News via Textually

17 Comments
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posted on 22 May 2012, 06:47

1. Nikonmorous (Posts: 16; Member since: 16 Oct 2011)


Well, it kinda makes since, but does anybody stop to think that she may have not known he was driving? I'm always texting people, and after a lengthy conversation, they then decide to let me know they were driving. Now, I just simply ask them if they are driving, and say "bye" if they are.

posted on 22 May 2012, 06:51 1

3. PimpStrong (Posts: 310; Member since: 25 Jul 2011)


"the girl who sent the text message, was well aware of the fact that Best was driving at that very moment."

posted on 22 May 2012, 06:50 5

2. PimpStrong (Posts: 310; Member since: 25 Jul 2011)


That's a buncha crap. The driver chose on their own accord to use their phone while driving so it is 100% their fault. What if someone else text them during their conversation? Are two people now to blame?

If someone tells me to jump off a bridge and I do it, it's not their fault.

posted on 22 May 2012, 23:13

17. robocopvn (Posts: 180; Member since: 10 Mar 2010)


I agree your first part, but not your last sentence

posted on 22 May 2012, 07:07 2

4. threed61 (Posts: 130; Member since: 27 May 2011)


The American injustice system belongs to the people with money and the trial lawyers trying to grab their cut.

posted on 22 May 2012, 07:28 1

5. jbitounis (Posts: 54; Member since: 08 Oct 2011)


This sounds like a news story The Onion or Monty Pythons would come up with. Are they for real? This is utter bs and it's not even worth explaining why.

posted on 22 May 2012, 07:34 2

6. ibap (Posts: 700; Member since: 09 Sep 2009)


Oh, so now we're supposed to be clairvoyant and KNOW what the other person is doing? So if you send a message like "Have you left yet?" we're liable for what the driver does? How about if the message says "If you haven't left yet, call me"?

This is as stupid as the driver that was texting while driving.

posted on 22 May 2012, 07:38

7. tluv00 (Posts: 134; Member since: 18 Oct 2007)


The driver chose to text while driving regardless of whether or not the girl was texting him. If anything she is just a bitch for continuously texting him knowing he was driving but he chose his actions while driving.

posted on 22 May 2012, 09:31

8. cybervlad81 (Posts: 84; Member since: 04 Apr 2011)


The driver was not forced to pick up the phone. He chose to look at the device instead of the road.

posted on 22 May 2012, 09:57

9. jsjakesaid (Posts: 12; Member since: 04 Apr 2012)


is it illegal to text whilst riding your bicycle?

posted on 22 May 2012, 11:13

11. microsoftnokiawin (Posts: 968; Member since: 30 Mar 2012)


no the guy driving was texting the people he hit were driving bicycles

posted on 22 May 2012, 12:51

12. beatsandmelody (Posts: 109; Member since: 01 Nov 2011)


Riding bicycles is not the same as riding motorcycles. Totally different.

posted on 22 May 2012, 11:12

10. microsoftnokiawin (Posts: 968; Member since: 30 Mar 2012)


it's the driver's fault 100%

posted on 22 May 2012, 13:48

13. InspectorGadget80 (Posts: 6517; Member since: 26 Mar 2011)


If you get CAUGHT TEXING you should be ban from driving any vehicle. it's your responsiblity as a driver. YOU'RE eyes should BE ON THE ROAD not on your phone. if you want to text someone PULL OVER for a few minutes then respond. their are too many irrespsondsible people on the road today. even my freinds talk/text ON THEIR phone. and I hate to be in the passenger seat as they do that

posted on 22 May 2012, 14:16

14. cityeighteen (Posts: 40; Member since: 28 Mar 2012)


The driver is the only person responsible. He made the choice to read the text message rather than focusing on the road.

posted on 22 May 2012, 15:22

15. Allen3697 (Posts: 86; Member since: 26 Mar 2012)


They're only responsible if they know that the person is driving. If not, then it's not their fault. I don't always ask people if they're driving or not.

posted on 22 May 2012, 15:29 1

16. Stuntman (Posts: 722; Member since: 01 Aug 2011)


If I know someone is driving and I text him, I would him to reply when he has finished driving. I can wait. If the driver chooses to text me back while he is driving, that his his own fault. If someone texts me while I'm driving, that person will have to wait until I've parked before getting a response back from me.

Next thing you know, passengers in a vehicle will be responsible because they said something causing the driver to respond and be distracted causing an accident. What's going to happen next? A law that prevents people from speaking while they are in a vehicle operated by a driver?

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