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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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  •  Is this real? I can't believe it (5+ / 0-)

    I can't believe that a U.S. court would interpret law so as to hold Person B responsible for Person A's actions and choices. You can easily ignore phone calls and texts while you're driving. Silence your phone if it's a distraction to you while you drive. It's on you how you behave while you drive, seriously. YOU.  

    I could send you a text every 10 seconds while you drive a series of hairpin turns and it wouldn't be my fault if you stopped to look at my texts and had an accident while you drove. That's entirely your choice.

    I'm amazed and dismayed by this completely ridiculous ruling. Am I the only one?

    Please note that I am very against texting while driving. But here, we were talking about receiving texts while driving, which is also stupid and which people are also responsible for themselves.


    I'm amazed by people's courage and kindness in the face of everything and life.

    by LaraJones on Fri Aug 30, 2013 at 03:46:20 PM PDT

    •  if the person (1+ / 0-)
      Recommended by:

      Driving says I'm driving ...and you constantly text?
      Hell yes I support you being held liable.

      "My Mom is my hero, my angel and I revere her to no end.." Christin, July 6, 2013

      by Christin on Fri Aug 30, 2013 at 03:51:20 PM PDT

      [ Parent ]

      •  You still don't have to respond. (2+ / 0-)
        Recommended by:
        jayden, wilderness voice

        Turn the damn thing off. Put it in the trunk.

        Help stop gas drilling in Pennsylvania's Loyalsock State Forest!

        by marina on Fri Aug 30, 2013 at 04:29:45 PM PDT

        [ Parent ]

      •  I'd support (1+ / 0-)
        Recommended by:
        wilderness voice

        You being seriously deficient in your mental faculties, in which case you shouldn't be operating a car in the first place.

        The person sending the text is not jumping up and down and waving their hands in front of your face to get your attention while driving.  

        If it's that important, pull over and read them.  Take some goddamn personal responsibility.

        GOD! Save me from your followers.

        by adversus on Fri Aug 30, 2013 at 11:12:47 PM PDT

        [ Parent ]

        •  Weird (0+ / 0-)

          You are demanding that the reader take personal responsibility, but completely absolving the sender?

          Again, with the bar set that the sender must have knowledge that the receiver is 'likely' to be distracted by the text (i.e. driving and likely to respond), this isn't solely the responsibility of the driver. There is such a thing as shared responsibility.

          •  Yes, I am absolutely putting complete (2+ / 0-)
            Recommended by:
            417els, jncca

            responsibility for the driver's driving on the driver. And that's because it's so easy to silence your phone or switch it off. Even if it's ringing in your ear every five seconds, you can still ignore it. It's seriously PURELY your choice how much danger you put yourself and others in.

            Plus, as a sender, I have no way of knowing for sure whether you're driving or not. But that's beside the point. The point is, take responsibility for your own driving, people--don't mess with your phone while driving! If you do, don't whine that others made you do it and should share responsibility.

            I'm amazed by people's courage and kindness in the face of everything and life.

            by LaraJones on Mon Sep 02, 2013 at 08:51:01 PM PDT

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            •  If you have 'no way of knowing for sure' (0+ / 0-)

              then you have no liability.

              Why is this point constantly overlooked?

              And 'sharing' responsibility doesn't lessen the driver's responsibility, it just adds further responsibility to the sender for knowingly contributing to the distraction of the driver.

              The driver doesn't get out of it, and I see no reason why your exemption for the sender corresponds to 'taking personal responsibility' when it seems you're arbitrarily absolving them no matter what.

              •  Because no matter what the text sender does, (0+ / 0-)

                it is the driver's choice, and only the driver's choice, to look at the text. Something that the sender has no control over and should not be held responsible for. We're adults. Let's take responsibility for our own actions in the privacy of our own cars. Please. I'm just amazed at how many posters would apparently share out the blame for their own actions with others. Stand up and own your own choices.

                I'm amazed by people's courage and kindness in the face of everything and life.

                by LaraJones on Tue Sep 03, 2013 at 08:40:59 AM PDT

                [ Parent ]

                •  No control? (0+ / 0-)

                  WTF? The sender has 'no control' over whether they knowingly send a text to a driver?

                  You selective 'responsibility' has me utterly confused.

                  How's this for a choice...if you know someone is driving, don't text them. How is that not a choice? If you choose to text them, then why give them a pass on taking some amount of responsibility for the distraction that their choice to send a text incurred?

                  Stand up and own your choices.

      •  Why, did I reach through with my text (1+ / 0-)
        Recommended by:

        and force you to look at it while driving? No, you have choices and you made the choice to be distracted.

        I'm amazed by people's courage and kindness in the face of everything and life.

        by LaraJones on Mon Sep 02, 2013 at 08:48:41 PM PDT

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    •  What if youre reading a book? (1+ / 0-)
      Recommended by:

      And yes I have seen more than one person doing this. Can you sue the author of the book?
      Also eating----LOTS of people eat in their cars and everyplace has a driveup window----can you sue the fastfood company if someone hits you while eating?
      What if the person is having sex while driving (seen it) can you sue the partner too?
      I'm all against texting while driving but this certainly opens up a new field for attorneys to sue.

      Happy just to be alive

      by exlrrp on Fri Aug 30, 2013 at 04:43:54 PM PDT

      [ Parent ]

    •  That was my first reaction (0+ / 0-)

      and I wrote a comment expressing it but then canceled it because I changed my mind.  I remembered that we already do something similar when we hold third parties liable for drunk driving.

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