SEND A TEXT TO A DRIVER AND YOU CAN BE SUED FOR THE CRASH
Dear Readers,
I have enjoyed this post so much - I need to share it with you also. Richard is an attorney in Florida. Don't miss the comments - they are SO wonderful! I still ask my same question -
WHERE DOES PERSONAL RESPONSIBILITY ENTER THE PICTURE?
Have a happy day -
Lynn
I bet you use text messaging, also called SMS and you send it to your children, your associates and clients. I also bet you send them messages knowing they are driving a car. Now some courts are ruling that if you know the recipient is driving and you send a text message, you can be liable for the crash they cause!
A New Jersey appeals court has held that a remote texter can be held liable to injured parties for injuries caused when your message is to the driver that has an accident. The caveat is that you need to know (or have the expectation) that your text recipient was driving when you sent the text.
The case is reported in the ABA News Journal at Remote texter can be held liable for distracted driver's crash, appeals court rules. A video report on the decision is available on CNN
New Jersey does not allow texting while driving a car.
The court said, "We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving."
An Australian study showed that texting while driving increases the eyes off the road time by a factor of 4.(See article below)
So be careful not only when driving but when texting to a driver.
In other news, according to Science News (August 24, 2013) it is reported that talking using a bluetooth speaker or headset is too much of a distraction. Indeed, the study found a remarkable "distraction rate" even if your passenger is talking to you!
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Copyright 2013 by Richard P. Zaretsky, Esq.
Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make. This article is for information purposes and is not specific advice to any one reader. Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660 RPZ99@Florida-Counsel.com - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide! Shortsales@Florida-Counsel.com New Website www.Florida-Counsel.com
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