Can You Be Liable for SENDING a Text?

MORRISTOWN, NJ – In one of the more bizarre examples of our legal system gone wrong, a New Jersey judge will decide this week whether or not a woman can be held liable for an accident caused by a man she sent a text message to.  The premise behind the lawsuit is that the woman should have known that the recipient was driving at the time she sent him a text message.  The driver injured two persons in an accident which occurred while he was reading the text message.

Texting while driving is dangerous.  I think everyone would agree with that.  Does that mean that you should have to read people’s minds to determine whether or not they are driving, or reckless enough to read a text message while driving?  That appears to be the position taken by a New Jersey ambulance chaser.

Hopefully the judge will see this suit for what it is – a brazen attempt to sue someone only tangentially related to the harm inflicted on his clients.  If not, there will be one more reason not to do business in New Jersey, or any other state where trial lawyers rather than common sense control a state’s legislature and / or judiciary.

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