The Stanly News and Press (Albemarle, NC)

Opinion & Letters to the Editor

September 11, 2013

If you text a driver who causes an accident, should you be held liable?

NEW YORK — As Werner Herzog and others have made abundantly clear, texting while driving is a stupid activity that could end in injury, death and/or criminal and civil liability for the texter. But what about the person on the other end of that text message? Do they share any responsibility for accidents that result from texting while driving? A recent decision out of a New Jersey appellate court argues that, sometimes, the answer is yes.

In 2009, a New Jersey teen-ager named Kyle Best was driving and texting when he veered into the opposite lane and collided with a motorcycle occupied by a married couple named David and Linda Kubert. The Kuberts, both of whom lost a leg, sued Best. (At the time, New Jersey state law did not include significant criminal penalties for causing an accident because of driving while texting.) But they also sued Shannon Colonna, a teen-age girl with whom Best had been texting at the time of the crash, claiming that she also bore some responsibility for the accident. The trial judge dismissed the Kuberts' claims against Colonna; the Kuberts appealed.

Last month, the appeals court issued its decision. The appeals court upheld the trial court's decision to dismiss the case against Shannon Colonna, saying that the Kuberts failed to prove that Colonna knew Best was driving a car during their text exchanges. But the appeals court also found that, in the abstract, the Kuberts' argument held some merit, and 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." Reasoning that an actual passenger in a car might be held liable for an accident if she urged a driver "to take his eyes off the road and to look at a distracting object," the appeals court applied similar logic to remotely texting an easily distractable driver:

Text Only
Opinion & Letters to the Editor
  • taylor.armerding.jpg Obama's equal pay exaggeration leads us all into danger

    The president's claims of national shame over gender-based pay inequity spring from distorted calculations, as well as some convenient political math.

    April 12, 2014 1 Photo

  • Teens trading naked selfies for mugshots

    Will teenagers ever learn? You think yours will. Maybe so. But it's likely that was also the hope of the parents of children who were so shamed by nude photos of themselves that went south - how else can they go - that they killed themselves.

    April 12, 2014

  • Brent Laurenz If you want to vote in primary, you need to register to vote now

    RALEIGH – North Carolina voters will head to the polls on May 6 this year to cast ballots in important primary elections across the state.

    April 11, 2014 1 Photo

  • Scott Mooneyham Heeding the voter fraud call in N.C.

    RALEIGH – Legislators found the findings outrageous.

    April 11, 2014 1 Photo

  • Doug Creamer Roots

    I took a few minutes over the weekend to enjoy our yard and the arrival of spring. There seems to be so much work that needs to be done, it is hard to decide what to do first. I am excited that I got to run my tiller through the garden. I didn’t go very deep, but I did at least break up the soil. I have a couple of raised beds and the soil in them was in very good shape. I didn’t plant my peas and now after the big rain we got on Monday I realize that I missed a window of opportunity.

    April 11, 2014 1 Photo

  • 10 tips for surviving a severe allergy season

    My colleague Brady Dennis reported recently that the arrival of warmer weather will soon unleash a pollen tsunami in parts of the country where the winter has been especially long and cold. Here are some survival tips from Clifford W. Bassett, an allergy specialist and assistant clinical professor of medicine at the New York University School of Medicine.

    April 11, 2014

  • Is a paleo vegetarian diet possible?

    Research shows most people can follow a regimented eating plan for a short time. That's not the challenge. The challenge is finding a healthful eating plan you can follow day after day and achieve your long-term health goals. At this point, it doesn't appear that the paleo eating plan meets these objectives for most people.

    April 10, 2014

  • Screen Shot 2014-04-08 at 2.16.35 PM.png Are Americans smart to stop drinking diet sodas?

    Recent data from Beverage Digest suggest many are cutting back on diet sodas. Consumption of diet sodas fell more than that of sugary sodas in 2013. This raises two questions: Why is total consumption declining, and is drinking diet soda harmful to health?

    April 10, 2014 1 Photo

  • To get quality care, it helps to be the right kind of patient

    I am a family physician. Sometimes I must step out of the comfort of my clinical role and into that of patient or family caregiver. Generally, these trips to the other side of the exam table inspire a fair amount of anxiety.

    April 10, 2014

  • Hospice of Stanly County should be the one we support

    Regarding your recent article about Community Hospice relocating its offices from one location in Troy to another, let me point out a few things.

    April 10, 2014

House Ads
Seasonal Content