TEXTING AND…KNOWING SOMEONE’S DRIVING

texting and driving

TEXTING AND… SOMEONE ELSE’S DRIVING

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(from crisconner.com)

You’re texting while driving, you’ve drifted out of your lane, and —

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CRASH.

Your liability is a no brainer for the person (or estate) who files suit against you.   But what about the person on the other end — the person with whom you’re texting?

Fresh out of New Jersey:  A very recent appellate court decision indicates that a person texting with someone known to be behind the wheel could face liability.  The New Jersey case involves a 17 year old defendant accused of texting with the driver who allegedly caused a collision.  The New Jersey defendant got off the hook, based on inadequate evidence of actual knowledge that the other texter was driving, but the court’s opinion leaves the door wide open to a claim against a person who knowingly texts with someone known to be driving:

“We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving,” said the court.  “But we also conclude that plaintiffs have not presented sufficient evidence to prove that Colonna had such knowledge when she texted Best immediately before the accident.”

The lesson:  Don’t text with someone you know is driving.  Especially if one of you is in New Jersey.

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Read further about the New Jersey case HERE:   http://www.abajournal.com/news/article/remote_texter_can_be_held_liable_for_distracted_drivers_crash/?utm_source=maestro&sc_cid=130828AU&utm_campaign=weekly_email&utm_medium=email

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Sure, there are bigger law offices. Probably there are better law offices. But can you name a law office that has a better selection of waiting room reading material?

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 I didn’t think so.

 

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 MULTITASKING LAWYER OF THE WEEK

Before he became a frequent presence on Comedy Central roasts, Jeff Giraldo was an attorney with the prominent firm of Skadden, Arps and Whoever-else-they-are.   He once represented co-roaster Jeff Ross on a charge of inciting a riot.

Comedy Central's "Roast of Joan Rivers" - Show

Here he is roasting Joan Rivers:

http://www.youtube.com/watch?v=m_HUoJzEuIM

Giraldo died in 2010, apparently from an accidental overdose of prescription meds.

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 I promise I won’t wait another two weeks for a blog update.  My fingers are crossed.

 

 

1 reply
  1. Steve Knote
    Steve Knote says:

    Good topic Bruce! My comment would be how anyone can be found to be in a position that “has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving?” If you text someone that opens every text upon receipt, that still does not mean that they will never be in a situation where they will not. Also, simply because someone states they are driving…they MAY LIE! It happens!

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