jenrgw What Happens if you Send a Text to a Driver?

Texting drivers may be negligent and they may cause serious car crashes. However, what about the person who sent the driver the text? If a driver reads a text written by someone else and that driver is in an accident is the person who sent the text liable for the accident damages?

That is the question currently before a New Jersey judge. In 2009, a New Jersey couple was hit, and hurt, by a driver who was texting and driving. The couple has now sued the person who sent the text message alleging that she knew her friend was texting and she sent the message anyway. The couple’s attorney says that the person who sent the text message was not physically in the car, but that she was “electronically present.”

What do you think about this lawsuit? Should a person who sends the message have any liability if he or she knows that the recipient is driving a car at the time the message is sent? Would it be different if an email was sent rather than a text? Please share your thoughts with this in the comments.

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