♫anna♫
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Aug 18 2017 - Always In Our Hearts
The Federal Reserve Act is the Betrayal of the American Revolution!
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karma:
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Post by ♫anna♫ on Aug 29, 2013 14:38:53 GMT
Here's another reason not to have anything to do with texting and driving. Some people make it a priority to read texts instead of concentrating on their driving. Now the text sender is also liable if accidents result in New Jersey!www.foxnews.com/us/2013/08/29/senders-texts-to-drivers-can-be-held-liable-new-jersey-court-rules/ QUOTE: Senders of texts to drivers can be held liable, New Jersey court rulesAugust 29, 2013 TRENTON, N.J. – A New Jersey appeals court ruled on Tuesday that a person who knowingly sends a text to a driver can share liability if the driver causes an accident. A panel of judges on the Superior Court of New Jersey's Appellate Division found that the sender would be liable if the person had a “special reason” to know the recipient was driving and would read the messages, The Wall Street Journal reported. "When the sender knows that the text will reach the driver while operating a vehicle, the sender has a relationship to the public who use the roadways similar to that of a passenger physically present in the vehicle," the court wrote. “[T]he texter has a duty to users of the public roads to refrain from sending the driver a text at that time.” Tuesday's ruling comes in the case of a couple who lost both their legs when their motorcycle was hit by a teenager who was texting and driving in Morris County in 2009. The motorists had sued the teen driver's girlfriend who sent him messages. The judges upheld a lower court ruling that dismissed the lawsuit because there wasn't enough proof the she knew the driver would be looking at the messages. The appeals court said someone who texts a motorist is not liable for the driver's negligent actions. But the texter has a duty to refrain if the person knows the recipient is driving and likely to read the message. The injured couple settled their lawsuit against the driver for $500,000.
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Post by Hunny on Aug 29, 2013 18:33:26 GMT
I think it's a good idea. If you knowingly send texts to someone while driving, you're taking part in what they're doing.
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Post by synonym on Aug 31, 2013 18:43:57 GMT
Seems an odd judgment to me. Does sending a text to someone obligate them to read it on the spot, irrespective of whether it is safe or appropriate for them to open it at the present time?
I would view sending a text the same as leaving a message on an answerphone or voicemail - it is entirely up to the recipient to only check their messages when it is safe for them to do so.
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♫anna♫
Global Moderator
Aug 18 2017 - Always In Our Hearts
The Federal Reserve Act is the Betrayal of the American Revolution!
e x a l t | s m i t e
karma:
Posts: 11,769
|
Post by ♫anna♫ on Sept 3, 2013 7:14:32 GMT
Apparently only those who send a text knowing that the recipient of a text is driving may be held liable. The woman who was held liable for sending the text that led to the accident causing the couple to each loose a leg admitted knowing that the recipient was driving and said that's what young people do!
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Post by synonym on Sept 3, 2013 14:50:04 GMT
I suppose it might be different if there is an active "conversation" going on, as opposed to just sending a one-off text. Though even then, I would still only hold the driver responsible. When driving put the phone down and reply to your texts and get involved in txt chats later.
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