Today everyone is glued to their phones and it is no surprise the urge to pick up your phone in the most unappropriated situation is so common. It is a primary law in New Jersey and many other states, that the driver is prohibited from using any hand-held devices while driving. Nevertheless, people will continue to peek at their phone at any chance they get. Theoretically speaking, if an accident was to occur and the driver was texting the driver should be held liable for any resulting injuries or damages with sufficient evidence. However, if the sender of the message never sent the message to the driver, the driver would have never picked up the phone and caused an accident. Is it reasonable to make the sender of the message liable for the accident as well?
To begin, in 2016 an individual was held responsible for the death of a man while operating a vehicle and texting. This case occurred in 2015 in …show more content…
In the case of Kubert v. Best, the sender of the message was held liable for the resulting accident. The court in New Jersey decided it was possible to hold texters liable. The court wrote, “We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.” (Kubert v. Best, appellate court) Using the New Jersey case, the court of Gallantin v. Gargiulo decided to hold Fend liable if he had knowledge of Gargiulo operating a vehicle while he sent the text. The court of Pennsylvania did conclude Fend was acting “in concert” under the Section 876 of the Restatement of Torts. Section 876 claims the person can be held liable if he does a tortious act with the person, has knowledge of the other’s act, or assist’s the other’s act. (Restatement of Torts 875, 876.) The case against Fend is currently under
To begin, in 2016 an individual was held responsible for the death of a man while operating a vehicle and texting. This case occurred in 2015 in …show more content…
In the case of Kubert v. Best, the sender of the message was held liable for the resulting accident. The court in New Jersey decided it was possible to hold texters liable. The court wrote, “We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.” (Kubert v. Best, appellate court) Using the New Jersey case, the court of Gallantin v. Gargiulo decided to hold Fend liable if he had knowledge of Gargiulo operating a vehicle while he sent the text. The court of Pennsylvania did conclude Fend was acting “in concert” under the Section 876 of the Restatement of Torts. Section 876 claims the person can be held liable if he does a tortious act with the person, has knowledge of the other’s act, or assist’s the other’s act. (Restatement of Torts 875, 876.) The case against Fend is currently under