Can We Be Sued for Sending Someone a Text When We Know They're Driving?

Textually distracting her boyfriend may land a woman in court

So this is a first. In fact it's the first of its kind according to legal experts.

The New York Post reports on a case involving a New Jersey woman who sent a text message to her boyfriend knowing full well he was behind the wheel at the time. Now the girlfriend in question, Shannon Colonna, could be added to a 2009 lawsuit stemming from boyfriend Kyle Best's collision with two motorcycle riders, which he admitted to being caused by the distracting text.

But therein lies the rub say some, who argue that Best didn't have to be distracted by the text. It's exactly this argument that Colonna's attorney, Joseph McGlone, is making. "It's not reasonable," said McGlone, "Shannon Colonna has no way to control when Kyle Best is going to read that message."

But the victims of the collision, David and Linda Kubert, say otherwise. The two lost their left legs in the accident three years ago, and aren't too keen on letting Colonna off the hook. Mr. Kubert told reporters at the the Daily Record that he's lost not only his job, but also his health insurance.

That's a testimony not easily lost on the Morristown, New Jersey Superior Court judge who is expected to submit his landmark decision on May 25th. If Colonna is added to the suit against Kyle Best, it will be a first for the crime of knowingly distracting an operator of a moving vehicle while "electronically present."

Original story posted May 21st - 1:03 PST

Update, May 29th - 10:22 PST: So it turns out you can't be sued for texting someone who's driving - at least not for now. The judge in this case has issued a ruling that Colonna cannot be sued for texting her boyfriend, stating that he finds it "unreasonable to impose a duty upon the defendant in this case under these facts." He added that were he to allow the lawsuit against Colonna, "any form of distraction [such as GPS devices and billboards, the judge noted] could potentially serve as basis of a liability case."

Should people be liable for sending texts to people they know are driving?

[ir0nw0lfe]

No. People should not answer texts when driving. The responsibility lies with the driver.

[TheInspiration]

No! It is the responsibility of the driver NOT to answer the phone!!! This just shows how corrupt out country is... Wanna make money, pay a lawyer and find ways to word situations to your benefit, then file a lawsuit...Yeah high five America!(I'm being very sarcastic with the high five)

[stevie]

People need to be responsible for their own actions. He certainly had a choice whether or not to read the txt. While she may not win any awards for being a good friend or girlfriend, she shouldn't be held responsible for his actions. this would be different if she were physically present in the car or on the road by him and causing distractions. But this just seems to be a bit of an over-reach.

[freaky6smurf]

#1 we don't have the details about what happened.
#2 it sounds like the lawyers are looking 4 a new revenue source ..
#3 Sh%# happens.
Are we going 2 Sue the nice looking girls or guys walking down the street if look at them then hit another auto ..

Hmmmm

[ir0nw0lfe]

Yes, yes we should, mini skirts have caused more than one accident.... ;b

[freethinker]

no I never answer the phone when driveing

[Jake26]

No. You can't be responsible for someone else's actions.

[MrGreenJeans]

Had it been a sext it would have totally been worth it.

[tigergoddess]

It is not the responsibility of the person sending the text to know or not whether someone is driving, and even if they do, it is the driver that makes the decision to acknowledge the text.

[LogicNeeded]

No one's pointing a gun at you telling to reply. And if the sender is so shallow that they get angry that you didn't respond because you feel uncomfortable texting them while driving, then they're not worth keeping, anyway.

[Nytebreid]

For SENDING? No. I own a cell phone. There is no force on this planet that obligates me to respond to it every times it buzzes or rings... what more, it has an "off" button. The responsibility lies with the driver.

[Elise]

Hell, no! My family texts me often when they know I'm on the road. It's up to me to know that I must wait until I pull over to look at the phone.