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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.
Interestingly, the same court turned right around and threw out the charges against the girl who was texting - pretty much demonstrating how hard it would be to actually find someone culpable in such a situation. I think they were more saying it's technically possible to hold them liable, but it would be darn near impossible to prove.
Interestingly, the same court turned right around and threw out the charges against the girl who was texting - pretty much demonstrating how hard it would be to actually find someone culpable in such a situation. I think they were more saying it's technically possible to hold them liable, but it would be darn near impossible to prove.
It is mostly much to do about nothing. In the end though......if you know someone is driving stop texting them.
A couple riding a motorcycle was hit by a person texting. They both lost a leg. They were able to prove that the texter knew the textee was driving, and they won the case.
Makes sense in the state that treats BB guns the same as firearms
If this stands, the 'slippery slope' will become NJ's state 'monster' displacing the 'Jersey Devil' and the Haddonfield Mamouth.
New NJ license plate is divided diagnonally from right upper corner to left lower corner, the lower half being a black slope to signify the evil slippery slope. In the middle of the slope is the statue of blind justice, her scale tilted severely to the left.
So Zuckerberg is liable for any newark student failing a grade or failing to qualify for a job or college, because he donated 100 million $$ to Newark edu. If a student who benefited from Z's millions commits a crime which required reading skills, Z is on the hook for a law suit or jail.
Sure, because why in the world would the responsibility lie with the person behaving irresponsibly? Last I checked, nobody generally puts a gun to my head and forces me to read a text or respond to one at any time. Certainly not while I am driving.
What's next? Are they going to hold the drive-through guy responsible because he KNEW I was driving when I ordered my burger? Thus, he clearly acted knowingly and willfully to distract me from driving.
See, texting is only an example. The decision found that "a court may hold the sender responsible for distraction and hold him or her liable for the accident." In other words, "distraction" is the big one here. You distract someone while driving, that person causes and injury accident, and you can be held liable.
A couple riding a motorcycle was hit by a person texting. They both lost a leg. They were able to prove that the texter knew the textee was driving, and they won the case.
Umm... isn't that the case the OP was talking about? The one where the case against the remote texter was dismissed.
Umm... isn't that the case the OP was talking about? The one where the case against the remote texter was dismissed.
Correct. The couple was settled with, out of court, by the driver who hit them. They also attempted to go after the girl who texted the driver in an attempt to collect even more money for their injuries, pain and suffering. They lost. However, the law remains on the books and no doubt, from time to time, greedy lawyers will attempt to draw in additional revenue by using it in cases that they think they can win.
Since you can probably only be certain that the person you are texting is, in fact, driving a car at that moment in about 20% of the instances you might want to text them. Isn't the real takeaway here that maybe people just shouldn't text. Period. I mean... it was coming to this. Texting is the answer to a question no one asked. I've seen people send texts back and forth for 15 minutes to get information that a 1 minute voice call would have provided. Such gross inefficiency needed to be punished. I hope other states will follow NJ's example and just chill the urge out of American's to text one another. Good riddance.
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It's already been applied
