One can’t stress enough just how bad texting while driving is. Countless incidents have been reported from all around the world where drivers have caused serious injury or even death just because they thought they could multitask. The appellate division of New Jersey Superior Court has released a new opinion under which it establishes that the sender of a text message can potentially be liable if an incident is caused, though they’re likely to liable if they know that the recipient is behind the wheel.
In this particular matter the sender has “limited duty.” One can’t obviously know right from the start that the recipient is driving. However, once the sender has been made aware that the other person is driving and “know that the recipient would view the text while driving and thus be distracted,” they can be held liable if the recipient causes an injury while reading or responding to that text. As previously mentioned, this is just an opinion that the Superior Court released recently, its not actually a formal law. Nevertheless, there exists a possibility that New Jersey might consider prosecuting people in the future if they knowingly text someone who is driving and that results in an incident.