Imagine this situation: combined a date with a friend, who comes from automobile, and sends you an SMS saying that will come later even though he is certainly driving. If your friend has an accident while reading this SMS, the reader can be blamed for the disaster.
In New Jersey, a court said this week that Yes: If someone distracted, with a SMS or phone call, another person who knows be driving, can be held responsible for the consequences.
The case that led to this sentence occurred in 2009 in Mine Hill Township, New Jersey, when the teenager Kyle Best, who was driving a van, dodged the median when sending a SMS. Best shocked with Linda and David Kubert, who were traveling on a motorcycle and lost each one leg in the accident.
The Kuberts agreed with Best by accident, but also sued the person who he was texting, Shannon Colonna. According to the Court, Best and Colonna 62 exchanged messages before the crash. The following demonstrates that Best was distracted and that Colonna sent a last post less than a minute before the crash.
Second the Kuberts, Colonna would "present electronically" in the car and, therefore, helped and encouraged the disaster. Still, the Court ruled in favor of Colonna, since this said he didn't know that Best was driving and the content of messages does not help to dispel the doubts.
However, and in doing so, two of the three judges disagreed with the lower court and thus argued that someone send SMS to maybe be driving has the legal responsibility to not distract who's behind the wheel.
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