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
  • Do White Castle prices tell us anything about the minimum wage?

    NEW YORK - Economists love hamburgers. Specifically fast-food burgers. This is partly because all right-thinking human beings love ground meat on a bun, but it's also because the sandwich makes a handy yardstick for international financial comparisons. The ingredients and labor involved in preparing a Big Mac are pretty much the same no matter where you are in the world, so by looking at how many hours of toiling it takes a worker to earn enough to purchase one, you can get a sense of how wages really stack up across countries. The Economist famously created the Big Mac index in 1986 to see which currencies were overvalued. It started as a joke. Now, as the magazine proudly notes, it's a subject of academic study.

    April 22, 2014

  • Can Hillary Clinton rock the cradle and the world?

    WASHINGTON - What's most interesting to contemplate is the effect becoming a grandmother will have on Hillary's ambition. It's one of life's unfairnesses that a woman's peak career years often coincide with her peak childbearing years.

    April 22, 2014

  • Doug Creamer All in the Family

    We had a family get-together at my brother’s house on Easter Sunday. It’s hard to get our family together because we are spread out, especially when you consider nieces and nephews. My parents and siblings all made the gathering this year. Some of my nieces and nephews are far away, but they all remember gathering at my brother’s house for the holidays. Easter is known for the Jell-O eggs and the famous Easter egg hunt.

    April 22, 2014 1 Photo

  • Victimized by the 'marriage penalty'

    In a few short months, I'll pass the milestone that every little girl dreams of: the day she swears - before family and God, in sickness and in health, all in the name of love - that she's willing to pay a much higher tax rate.

    April 19, 2014

  • The case for separate beds

    WASHINGTON - The other night I slept on a twin bed in the guest room of the house I share with my husband and our two kids.
    It was the best night's sleep I've had in years.

    April 19, 2014

  • 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

House Ads
Seasonal Content