Can the Sender of a Text Message Be Held Responsible for Resulting Collision?

NJ Texting Auto AccidentA Morris County Superior Court Judge is trying to determine if a person who sent a text message can be held liable if the recipient of the message crashes and injures others because of the text. According to a report by The Daily Record, a New Jersey judge is expected to issue a decision by the end of this month. The accident occurred the night of September 21, 2009 when a 19-year-old driver injured two Dover residents as he looked at his cell phone when he received the incoming text and crashed into their motorcycle. The New Jersey distracted driver accident victims suffered severe injuries including limb amputations.

The case began as a lawsuit against the negligent and distracted driver who caused the accident. The lawsuit was then expanded to include the 19-year-old girl who sent the text since she knew he was driving. Her defense team claims that she assumed that he would check the text when it was safe to do so. The young driver responsible for the crash has already pleaded guilty to using a hand-held cell phone while driving, careless driving, and failure to maintain a lane. It is unclear, however, if the victims will succeed in holding him civilly liable for their substantial suffering as well as his friend who contributed to his negligent driving.

When someone has suffered an injury because of a distracted or otherwise negligent driver, he or she can hold the at-fault party responsible by filing a personal injury claim. In such cases, compensation may be available for medical bills, lost wages, loss of earning capacity, disability coverage, pain and suffering, and other related damages.

The experienced cell phone car crash lawyers in NJ at Lependorf & Silverstein know how to get fair compensation for their client’s losses. If you or a loved one has been injured by a distracted driver, please contact us at (609) 240-0040 for a free and comprehensive consultation.