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

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



16. Stuntman

Posts: 843; Member since: Aug 01, 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?

15. Allen3697

Posts: 86; Member since: Mar 26, 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.

14. cityeighteen

Posts: 40; Member since: Mar 28, 2012

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

13. InspectorGadget80 unregistered

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

10. microsoftnokiawin

Posts: 1268; Member since: Mar 30, 2012

it's the driver's fault 100%

9. jsjakesaid

Posts: 12; Member since: Apr 04, 2012

is it illegal to text whilst riding your bicycle?

11. microsoftnokiawin

Posts: 1268; Member since: Mar 30, 2012

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

12. beatsandmelody

Posts: 109; Member since: Nov 01, 2011

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

8. cybervlad81

Posts: 89; Member since: Apr 04, 2011

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

7. tluv00

Posts: 134; Member since: Oct 18, 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.

6. ibap

Posts: 873; Member since: Sep 09, 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.

5. jbitounis

Posts: 54; Member since: Oct 08, 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.

4. threed61

Posts: 259; Member since: May 27, 2011

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

2. PimpStrong

Posts: 310; Member since: Jul 25, 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.

17. robocopvn

Posts: 504; Member since: Mar 10, 2010

I agree your first part, but not your last sentence

1. Nikonmorous

Posts: 16; Member since: Oct 16, 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.

3. PimpStrong

Posts: 310; Member since: Jul 25, 2011

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

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