Could the Woman Who Sent a Text Message Be Held Accountable for Causing Driver to Crash? (news)
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If the sender is being considered liable in a civil suit - this might be appropriate - get all the damages you can. If she is being considered criminally liable - then no - it is not right for a judge to rule that she was guilty - especially when there is no statute that specifically addresses such an action - nor should such a criminal statute be enacted.
Sending a txt is NO reason to nail anybody IF that person is NOT driving and so on. If the person READING the txt is driving and gets in trouble, oh well.
No doubt the lawyer is naming the gal in the suit to try to pressure some other aspect of the case or force her to testify to help the core case or have to hire a lawyer to defend against the frivolous case etc.
In short, I suspect that she is being sued as part of a legal tactic to gain leverage in the main case and only for that reason. My buddy is a VERY good lawyer and he has done similar things in the past to help win the primary case.
I consider my car a sanctuary and do not answer the damn phone. On my motorcycle I do not even hear the thing. Checking messages after I park is soon enough. When I started driving telephones were in offices and on Dick Tracy's wrist.
Suing the caller is an absurdity. The driver let himself be distracted so he is responsible for whatever happened.
This is the age of too many lawyers and not enough business so they have to "make work". They use the judicial system like the worlds largest slot machine and keep pulling the handle waiting for it to go Ding! Ding! Ding!
Its much like sayig that the polcie who pull a moptrist over o the highweays edge and anther car craqshes into the car is repsonsible for the crash and danges. Or that the owner of a buidling is responsible for placemnt that caused the death of a motoriast who left the raoways and was kiiled. Lacks common sensei the least.
According to the article the judge said “No one made him read the message when it was sent” and expecting a sender to know what the recipient is doing "is an impossible task and the court should not impose it on anyone" and given those statements it will be thrown out.
Sounds like there is no real controversy of justice here...just another scheming lawyer out to sue as many people as possible to make a few extra bucks. Up there with a burglar suing a homeowner for tripping on broken steps.
I'm betting the person sending the text has a higher liability amount on their insurance policy than the text receiver. It's always all about the money.
It's this sort of like saying because you were reading the paper while driving....oh never mind.
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