I'm sure we can all agree that drivers who text or read their incoming texts have no excuse for the trouble they could potentially -- and often do -- cause on the road. But what about people who are knowingly texting someone who is currently behind the wheel? Are they to blame?
This is the question a New Jersey court was grappling with recently when a woman was sued for texting a driver who then caused an accident. David and Linda Kubert ended up aamputees after Shannon Colonna texted Kyle Best, who happened to be driving at the time. The Kuberts said that Colonna knew or should have known that Best was driving, and therefore, they claimed she was "virtually present" and liable for aiding and abetting Best's negligence.
Although this sounds like a horrendous accident, and the Kuberts have every right to be enraged, blaming Colonna seems like a bit of a stretch. Seems like the judge felt that way at least.
The New Jersey judge on the case ruled that Colonna was not liable for the accident. He said it is the driver's responsibility to pay attention to the road. Damn straight!
I can't imagine what kind of convoluted nightmares we might be facing in court if people who "knew or should have known" not to text someone who was driving started getting charged for accidents like this one. On the contrary, accidents like this are always the driver's fault.
That said, I do feel like people who are not behind the wheel themselves do have a responsibility to abstain from texting or calling if they actually do know that the person they're communicating with is driving.
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I have friends who have the hands-free set-up in their cars and prefer to call me from the road. I've told them in the past that I'm not super comfortable with it, because I really feel like -- even if you are hands-free -- talking can be a major distraction from the task at hand. So, I admit, I've often waited to call and chat until that person has arrived at their destination. Similarly, if I know my fiance is stuck in heavy traffic after work, I usually won't text unless it's absolutely necessary.
All the same, even when the texting or calling person knows the score, it's absolutely the driver's choice to peek at their phone, tap out a response, or pick up a call. I seriously can't believe that this case made it as far as it did, but thank goodness that, in the end, the judgment made perfect sense.
Do you agree with the ruling? Have you ever texted someone you knew was driving?
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Comments 12
Just another example of our fingers-pointing-it's-not-my fault society. People need to just own up to their own mistakes and stop trying to blame other people for their own screw-ups.
With that said, I do find it rude when someone continues to text you after you've told them that you are driving. But, as the driver, it is still MY choice whether or not I respond to the texts and MY responsibility if, in doing so, I hit someone. PERIOD!!
The beauty of text messages is that you can wait to answer them until you have parked the car. They aren't going to delete themselves.
Just yesterday I texted my husband some info I knew he'd need once he got where he was going. I didn't mean for him to respond or even look at the text while driving (and he didn't). It's absolutely the driver's responsibility NOT to check their phone while driving. I'm glad the judge saw it that way, too.
I wonder why they even went after the sender in the first place, more money there for some reason? So glad the judge was smart about this.
I get texts from my employees all the time. That's the only way they want to communicate with me when they don't want to confront me or are hiding something.
I always check them when I arrive at my destination and never before. I am a sentient being. I have free will.
I don't have to read the text right at that moment.
Yah sorry I agree with every one of the other commenters. It is not MY responsibility if I text you and you get in an accident while driving because you CHOOSE to open and respond to my text.
If my friends don't tell me specifcally oh we're driving to your house or the mall. I would have NO idea they were driving and if I did send them a text message because you know they are my FRIENDS! It's not my fault if they choose to open and respond to it. They are adults they have their own brains they can asses the danger and risks for themselves it's not my job to do it for them.
Yep, butterflyfreak.
That said, the victims saw no justice with driver Kyle. He only had to plead guilty to the related DMV summonses. There was no criminal culpability. Only a $775 fine and speaking tour to schools. Where's the punishment? It is understandable how the angry, injured couple wanted to seek some measure of justice somehow. "It was an accident!" only cuts it when you're in elementary school.