In New Jersey a man and woman were hit by another driver who was responding to a text. The man and woman each lost a leg in the accident and sued not only the driver but the teenage girl who sent the text. Now the girl was not held liable. However, conversation afterwards directs that if you text a person who is driving you are electronically present in the car and may be responsible in case of an accident, if you know the person is driving.
Should you be held at fault if you text someone who is driving?
Texting and driving don't mix! It's scary to think of all the drivers you pass on the road in a day who may have been texting. It ONLY takes a split second to lose control of an automobile and potentially kill someone.
If a person texts someone who is driving, the recipient of the message can find a place to park the car and respond to the message. It's absolutely wrong (and dangerous) to pick up the phone while you are driving and answer the text. If you value your life and the lives of others, you will NEVER respond to a text message or initiate a text message while driving.
If someone knows you are driving and sends you a text, I think it is still the responsibility of the recipient of the message NOT to respond until the motor vehicle is parked. I don't see how the sender is liable as "electronically present in the car." That sounds a little far fetched to me!
I read about this case. It was the judge who made these remarks after the case was resolved. Who was irresponsible, the young teen who sent the text, the driver who responded to the text, or the judge who made the comment that the teen girl was "electronically present in the car?"