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Being Liable for Texting a Driver

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#1    Q-C



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Posted 29 August 2013 - 10:42 PM

"Is it now illegal to text someone who is driving? No, not yet. The criminal laws on this issue haven't changed in New Jersey or elsewhere. But the New Jersey judges appear to be saying that texting someone who is driving could make you liable to a civil lawsuit, based on existing laws against distracting a driver."

"I could envision a situation where an exchange goes back and forth and the driver explicitly says 'I'm driving' and you have someone who says, 'This needs to be answered right now. This is an emergency. It can't wait.'"


It is the driver's responsibility, 100%, in my opinion.

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#2    Sir Wearer of Hats

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Posted 29 August 2013 - 10:48 PM

See the advantage of texts is ... you can answer them whenever you want. Unlike the phone which is screaming "pay attention to me! pay attention to me!" a text will go bip bip (or whatever), make less noise then the radio, or the wind coming in the windows or even a particularly loud fart.

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#3    PlanB


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Posted 29 August 2013 - 10:49 PM

The beauty of texting is that each particpant gets back to the other at their own convenience. If you are texting someone that you KNOW is driving, then expect to be ignored. If it's a real emergency, and it's legal to use your cell phone while driving, then call that person.

Edit: Looks like Sir Wearer of Hats and I had pretty much the same thoughts on this. Apologies for redundancy.

Edited by PlanB, 29 August 2013 - 10:52 PM.

#4    Drayno


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Posted 29 August 2013 - 11:41 PM

How are you going to be liable when you text someone and don't know they're driving?

This is asinine.

It's different when you know someone is driving of course, but they better not not implicate someone who doesn't even know the person they were texting was driving in a civil lawsuit.

Edited by Hatake Kakashi, 29 August 2013 - 11:44 PM.

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#5    Q-C



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Posted 30 August 2013 - 12:33 AM

I still think it shouldn't matter if you think/know the person is driving and text them.
I can't send the grocery list while H is driving to the store? Or, text directions to the restaurant we're meeting at? Etc etc
There are a lot of distractions to drivers. Driving is a responsibility and with it comes responsible behavior on the part of the driver.

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#6    Ashotep



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Posted 30 August 2013 - 12:39 AM

I absolutely don't think you should be liable for texting someone that is driving.  Its up to the driver to answer it or not.  Besides most of the time you will have no idea what they are doing.

#7    Thanato


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Posted 30 August 2013 - 01:20 AM

Why should the texter be liable for what the textie does? The person who is driving and recieves a text made the choice to answer while driving. That is completely out of the hands of the person who wrote the text.


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#8    Yamato


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Posted 30 August 2013 - 03:44 AM

"The defendant made me look at my phone by texting me!" is never going to hold up in court.

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#9    Rafterman



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Posted 30 August 2013 - 02:30 PM

That'll never fly in court.

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#10    Sweetpumper



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Posted 30 August 2013 - 02:56 PM

Well, at least we know they're working on the important stuff, as usual.

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#11    Dark_Grey


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Posted 30 August 2013 - 02:58 PM

View PostSir Wearer of Hats, on 29 August 2013 - 10:48 PM, said:

a text will go bip bip (or whatever), make less noise then the radio, or the wind coming in the windows or even a particularly loud fart.

I have verified this. It is true.

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#12    Purplos


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Posted 30 August 2013 - 05:15 PM

Texting with intent definitely a felony crime.

Then the lawyers can argue whether it was a premeditated text or if you texted in the heat of passion.

I can just see the jail cells now...

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