Can You Be Liable for Sending a Text to a Driver?

Posted on Aug 5, 2021 by smithandlee

In August of last year, a New Jersey case attempted to hold a texter liable for injuries and damages caused by a driver who had just received a text from the texter. Can you be liable for sending a text to a driver?

In this specific case, the judge ruled that a person may be held liable for sending a text IF that person has knowledge the receiver is driving and IF the texter has a certain level of influence over the receiver. However, the texter was not found to have any liability in this claim.

Implications for TX Drivers

TX motorists need to be aware of the implications of this case. A door has been opened for future claims that try to hold the text sender responsible for injuries incurred when the receiver of the text becomes distracted from reading the text and suffers a vehicle accident. Even though this ruling is in New Jersey, and sets a limited liability for the texter, future cases, including those in TX, might be ruled differently.

If you are aware you are about to send a text to someone who is driving, you might think twice. It would be better to wait on sending the text to a driver, then to know you caused a severe or catastrophic accident, even if you are never held liable.

TX Motor Vehicle Accident Representation

Smith and Lee, Lawyers, P.C. takes great pride in staying informed on new legal rulings that develop out of technology-based implications. If you receive injuries from a distracted driver causing an accident, you need legal representation to help you recover damages. Our TX firm has helped many motor vehicle accident victims receive the monies they are owed. Contact us today for a free consultation.