Comments on: N.J. appeals court: those who knowingly text drivers can be sued for crashes https://www.overlawyered.com/2013/08/n-j-appeals-court-knowingly-text-drivers-can-sued-crashes/ Chronicling the high cost of our legal system Mon, 09 Sep 2013 12:00:14 +0000 hourly 1 By: PointOfLaw Forum https://www.overlawyered.com/2013/08/n-j-appeals-court-knowingly-text-drivers-can-sued-crashes/comment-page-1/#comment-237369 Mon, 09 Sep 2013 12:00:14 +0000 http://overlawyered.com/?p=41157#comment-237369 New Jersey creates new cause of action for texting

I write in the Washington Examiner:Eighteen-year-old Kyle Best was driving his pickup on a New Jersey road in 2009 when he crossed a double yellow line and sideswiped a motorcycle. The married couple he hit, Linda and David Kubert, each…

]]> By: Sara S. https://www.overlawyered.com/2013/08/n-j-appeals-court-knowingly-text-drivers-can-sued-crashes/comment-page-1/#comment-236801 Sun, 01 Sep 2013 17:45:54 +0000 http://overlawyered.com/?p=41157#comment-236801 My phone stays in my purse when I’m driving, and I wait till I’m stopped to check any texts or messages. Not because of any law, just because I’ve always done that.

I don’t care how many times someone texts me while I’m driving, they can’t MAKE me reach over, pick up my phone, and take my eyes off the road to read their message.

To quote the lovely and sagacious Rachel Jeantel, “That’s retarded, sir.”

]]> By: Richard Nieporent https://www.overlawyered.com/2013/08/n-j-appeals-court-knowingly-text-drivers-can-sued-crashes/comment-page-1/#comment-236794 Sun, 01 Sep 2013 16:12:14 +0000 http://overlawyered.com/?p=41157#comment-236794 It is hard to tell whether the NJ Appeals Court is being stupid or evil (probably both). The only person responsible for an accident is the driver of the car. Nobody forces the driver to respond to a text message while driving. If the driver makes the decision to do something that is reckless then the driver is at fault period. If this ruling stands then lawyers for the victim will routinely subpoena the phone companies to see if anyone sent a text message to the driver around the time of the accident and then sue the individual(s) as accessories to the accident. It will then be up to the individual to prove that they didn’t know the person they sent a text to was driving. Good luck with that.

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