Nobody doubts that distracted driving is a problem, but should distracting a driver be grounds for a lawsuit? And does one even need to be in the car to be considered a distraction? That’s a question that was recently before a court in New Jersey.
A young woman sent a text to a friend who was behind the wheel of a car. The friend, distracted by his phone, subsequently hit a couple on a motorcycle. The injured couple sued both the driver (understandable) AND the sender of the text (much less understandable).
Why did the victims sue the friend? Their lawsuit claims she knew she was sending a text to someone who was driving and was “virtually present” in the car, thereby creating a distraction. The judge in the case disagreed and dismissed the case against the text-sender, saying that it is the responsibility of the driver to avoid distractions and stay focused on the road. The couple’s suit against the driver continues.
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