A court in New Jersey ruled recently that a person sending a text message to a vehicle driver can be liable for injuries caused by the distracted driver. The court ruled that the text message sender could be liable for injuries most directly caused by the driver where two circumstances were present:
- the text sender knew that the text recipient was driving; and,
- the text sender knew that the recipient would read the text when it was received.
This court ruling applies only in New Jersey but it is just a matter of time before all states including Kentucky recognize a similar rule. Deliberately distracting a driver has always been a basis for liability and doing so by sending a text message is just another and more modern way to do so. Read more about the New Jersey case in the Digital Journal: New Jersey Can Hold Remote Texters Responsible For Traffic Accidents.
Lexington, Kentucky accident lawyer Robert Abell represents individuals and families in accident and personal injury cases; contact him at 859-254-7076.