We all know that texting while driving is incredibly dangerous. In fact, according to Public Health Law Research (PHLR), up to 28% of traffic collision risk is caused by cell phone-related distracted driving. Texting while driving is not only against the law, but it can also result in civil tort liability for any auto accidents caused by distracted driving.
A recent case out of New Jersey may expand tort liability for texting not just to texting drivers, but to those individuals who text someone who they know is driving at the time. In Kubert v. Best, 2013 WL 4512313 (N.J. Super. App. Div. Aug. 27, 2013), the New Jersey Superior Court Appellate Division held that tort liability may attach to a person who sends a text to someone he or she knows is driving a motor vehicle and will immediately read the text, if the driver then loses control of the vehicle and causes injury.
The case stemmed from a 2009 auto accident in which a pickup truck driven by 18-year-old Kyle Best crossed the centerline and struck a motorcycle that David and Linda K
ubert were riding. The plaintiffs sued Best as the driver (a case that eventually settled out of court), as well as Shannon Colonna, a 17-year-old friend of Best who had exchanged texts with him just moments before the crash. At trial, the attorney for the plaintiffs produced evidence showing that Best and Colonna had texted each other hundreds of times on the day of the crash, including texts exchanged while he was driving—three of which were sent moments before the accident.
The trial court granted summary judgment in the defendant’s favor, but the plaintiffs appealed. Although the appellate court affirmed the trial court’s summary judgment decision, it rejected the trial court’s reasoning “that a remote texter does not have a legal duty to avoid sending text messages to one who is driving.”
In writing an opinion on behalf of the appellate court, Judge Victor Ashrafi held that liability may attach to someone who electronically communicates with a driver and causes a distraction, but that the evidence in this particular case was “not sufficient for a jury to conclude that Colonna took affirmative steps and gave substantial assistance to Best in violating the law.”
In the opinion, Ashrafi stated that foreseeability of harm is essential to the attachment of liability, reasoning that it is not generally foreseeable that receiving a text will cause a driver to disobey the law. In order for liability to attach to a third-party texter, the plaintiff must prove “that the sender also knew or had special reason to know that the driver would read the message while driving and would thus be distracted from attending to the road.” In other words, if the sender knows the driver will immediately view the text, “the risk is substantial, as evidenced by the dire consequences in this and similar cases where texting drivers have caused severe injuries or death,” Ashrafi wrote in the opinion.
At Ankin Law Office, LLC, our Chicago auto accident lawyers are dedicated to protecting the rights of the victims of distracted driving by holding all responsible parties liable, including drivers and any potential third parties. We help clients obtain maximum financial recovery following auto accidents caused by distracted driving from all possible sources. Our skilled Illinois auto accident attorneys have vast legal knowledge regarding auto accident lawsuits, along with with considerable experience representing clients in distracted driving lawsuits, which allows us to effectively advocate on behalf of our clients.
While liability for the role of a texting sender in a distracted driving lawsuit is still a bit unsettled, the Chicago auto accident lawyers at Ankin Law Office will continue to monitor the legal landscape and pursue all potential legal claims on behalf of our clients. If you have been injured in an auto accident caused by distracted driving, contact one of our Chicago car accident attorneys to learn more about how we can help you seek financial recovery through a personal injury lawsuit.
