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If you read the actual article it notes that the bar here is set very high. If you think that through that would rule out a text that was never read, that was sent if you were not aware they were driving.
I don't suppose the law is as dumb as someone who continues to text with someone that they know is driving.
A text like "i'm driving to the supermarket, need anything?" would probably be a pretty good give away.
But no one says that. They'd say "I'm going to the supermarket, need anything?". I never mention my transportation method when I send a text even if I'm in route to somewhere.
It is actually not that novel. Basic tort law says that you can be held negligent if you knew or should have known that your actions could cause harm to another. If you know a person is driving and text them, you know that reading it is dangerous. I agree it would still be hard to prove. I would that you need to prove both that you knew the person was driving and that you knew the person would read the text message while they were driving. Just because you send a text doesn't mean the person will necessarily read it right away. And I didn't read the whole case but I'm sure contributory negligence will come into play in most of these cases.
Precisely how would they prove you "knew" you were texting someone who was driving? And even of you did know, the burden of responsibility IMO, still rests with the recipient of the text.
Dumbing down of America. I bet America is about half way there. The second half should be real easy.
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