It might sound ludicrous, but according to a recent report, it might be possible: later this week a judge will decide if the sender of a text message could be held partially liable for a tragic accident. The case involves a 19 year-old who side-swiped a car while he was texting. Both passengers in the car that was hit lost their legs. As horrendous as that is, should the person texting the driver be accountable?
Skippy Weinstein, the New Jersey based lawyer who filed the case on behalf of the victims, believes Shannon Colonna, who was texting the driver should be accountable. “She was not physically in the vehicle but she was electronically present. She and he were assisting each other in violation of the law.”
Weinstein believes that the sender of the text message had to know the driver was on his way from home to work, and that he was driving, and that texting while driving is illegal. The defense believes the case is without merit, as the sender of the text has no way to control or predict when the recipient will read it. There is no precedent for the sender of a text message that causes injury to be held liable.