Studies have reported that the average cell phone user can send more than 100 texts messages a day. I recently was told by a CEO of a health care company when I called him back to answer a legal question that he was busy, did not have time to talk and to please text him my answer. This is the world that we are now living in.
The dangers of texting and driving have become apparent with many states enacting laws that make it illegal to text while driving. Even if legal most states allow evidence of texting while driving to show that a driver was distracted and therefore responsible for the wreck caused. However, not until last month has a state judiciary held that someone sending a text message to a driver could potentially be held responsible for causing a wreck.
A New Jersey appellate court explained that the sender of a text message can potentially be held liable if a wreck 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. No one has been held responsible for a wreck for sending a text yet, but at least in New Jersey it would appear that it is a possibility in the future.
No matter what the potential liability, it is never a good idea to text while driving or distract a driver while he/she is driving. Be safe and remember reading or writing that text message can wait.