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View Diary: Text someone who's driving, and you might get sued: a torts lesson (159 comments)

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  •  Really? (1+ / 0-)
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    Johnny Q
    if you text (or email) someone who you know is driving and who will read it while driving
    Good luck with that case Counselor.
    the Court found that there wasn't sufficient evidence in this case to find Colonna liable, because there was no evidence that she knew he was driving
    So- no tort.

    Remind me not to hire you.

    •  In New Jersey, it's a case now. (8+ / 0-)

      And why not try elsewhere?

      So you when you sue the driver, you do discovery to find out who was on the other side of communications, then you take depositions and obtain the communications to determine if you can prove knowledge.  

      •  Probably wouldn't be hard to prove in a deposition (0+ / 0-)
        We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted....
        Simply ask if they have ever been in a car with the person and seen them look at a text. That would seem to be a reason to know that they would look at the text.

        Most of the people taking a hard line against us are firmly convinced that they are the last defenders of civilization... The last stronghold of mother, God, home and apple pie and they're full of shit! David Crosby, Journey Thru the Past.

        by Mike S on Fri Aug 30, 2013 at 05:59:14 PM PDT

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        •  But that wouldn't prove that the sender knew (1+ / 0-)
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          that the recipient was driving at the moment that the text was sent.

          Or another example: what if you knew the person was driving home from work during a very specific time frame, but for whatever reason a text that you had sent 2 hours earlier finally arrived?  Maybe they switched on their cell phone in the middle of the commute, and voila, that text from 2 hours ago shows up, gets read, and the accident happens.

          So it seems that the text sender must (a) know that the recipient is driving, (b) know that the recipient will read the text, (c) and send the text while the recipient is driving for any of this to have a chance of being proven.

      •  And don't forget the Insurance Companies (6+ / 0-)

        have their lawyers on the job as well. My wife deals with these kinds of liability issues for a living, and as I stated in my comment down thread the other day, from the Insurance angle they are all over this. It's the money, it drives their game. If a liability exists to pin on a third party they will locate it.

        The place was utterly dark—the oubliette, as I suppose, of their accursed convent.

        by bastrop on Mon Sep 02, 2013 at 06:55:39 PM PDT

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