Texting Someone Who is Driving - Now a Crime?

[Nekojin]

How many texts before you're liable? Whether a single text or 60, it's still a distraction. If you're going to assign blame to the non-driver, it shouldn't matter how many messages were sent, because an accident still happened.

Here's another thought, does that mean cops will start ticketing people for texting when they aren't even driving? If I'm texting my brother and he gets pulled over and ticketed, do I get a ticket too?

And what if he were instead listening to controversial talk radio and got so upset or excited that he caused an accident? Talk radio is targeting drivers with their shows, so does that make them responsible? This is a slippery slope.

It may be, but there's still a difference between criminal and civil liability. Something can be completely legal as far as the criminal code is concerned, and yet still be considered sufficiently contributory toward the incident to award damages in civil court.

[jackfaire]

Flat out did she know he was driving? I am not going to assume she knew most of my friends don't reply with "I am going to keep texting back but btw I am driving"

In fact in most cases like this they would only mention they are driving as part of a "sorry can't text now" thing.

I usually find out my friends were driving when I texted if they mention later that they were and then I lecture them for it.

Also another factor if for some odd reason early on he said, "I am driving" and she knows where he is driving too then knowing how long it takes to get from point A to point B she may assume he is no longer driving at a certain point.

There are many different factors. Also if a lawsuit is successful against her does this mean you can start suing the passengers in a car on the basis that they must have been distracting the driver?

I feel that if you want to sue someone then sue the person that is responsible for the driving the driver. The driver is solely responsible for any and all distractions while he is driving not the people providing the distractions.

[bex1218]

He could have just put the phone down, even if she kept egging on and on and on. Thats what being a resposible driver is, knowing when to stop.

[Greenday]

Flat out did she know he was driving?

She knew her boyfriend was driving while having the text conversation with him.

[jackfaire]

She knew her boyfriend was driving while having the text conversation with him.

Doesn't make her responsible for his idiocy but does make her a moron for not bitching him out for it.

[SuperNat]

But she doesn't know. He could've been lying.

[Andara Bledin]

Also if a lawsuit is successful against her does this mean you can start suing the passengers in a car on the basis that they must have been distracting the driver?

People already do that, now. This suit doesn't have to be successful to make that happen.

However, it is much harder to prove a passenger provided the type of ongoing and dangerous situation that a text conversation represents.

^-.-^

[Ginger Tea]

Not read the link in the OP, but I never know where anyone is when I send them a text and without the logs who is to say how many of the 60 texts were within the time he got in the car and the accident and how many were during his lunch break?

Again without the logs, who is to say she wasn't sending him relentless texts due to his not responding right now? I've had a few times where a text I felt didn't need an answer or an imediate one, has had a few follow up's.

random question
well?
you there?
arn't u gunna answer?
etc

Christ sake woman I'm driving

then blam

[Jetfire]

It's the driver's responsibility to maintain control of the vehicle at all times and to minimize distractions. If the girl was constantly texting, then he should have stopped and replied, or turned off the phone or just flat out ignored it. The entire point of texts/messaging is that you can reply to them at your leisure; something a lot of people don't seem to get.

So no, I don't believe the girl should be sued in this case, criminally nor civilly. The fault entirely lies in the hands of the driver for letting himself be distracted.