Philadelphia personal injury lawyers say a recent decision handed down by a New Jersey appeals court could affect who is responsible for injuries in a motor vehicle accident. The ruling came as a result of a lawsuit filed against a driver who hit and injured a couple while they were on their motorcycle. The teenaged driver was texting while driving. In addition to filing a claim against the driver, the couple also sued his girlfriend who had sent him a text message.
The New Jersey appeals court upheld the lower court’s decision to dismiss the claim against the driver’s girlfriend based on a lack of evidence that showed the girl knew her boyfriend was driving or would look at her text. However, in its opinion, the court stated that a person who knowingly sends a text to a driver can share liability if the driver causes an accident.
Distracted driving, including texting, using a cell phone or smartphone, eating and drinking, grooming, using a navigation system, or any other activity that can divert a driver’s attention from the road, is a factor in thousands of car accidents every year. According to the U.S. Government’s official website for distracted driving, more than 3,000 people were killed due to distracted driving in 2011.
Any distraction can be dangerous; however, text messaging is considered one of the most concerning because it requires a driver’s attention on several different levels. Text messaging and any other distraction while driving could potentially harm not only the driver but also passengers, and pedestrians. Drivers are encouraged not to use their cell phones, even in a hands free manor, while driving. In some states, laws have been enacted banning texting and/or cell phone use while operating a motor vehicle.
The Philadelphia personal injury lawyers at Messa & Associates are experienced at handling personal injury cases involving injuries as a result of motor vehicle accidents. Our extremely skilled team of personal injury lawyers and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you have suffered an injury resulting from a motor vehicle accident resulting from distracted driving or another car accident or any other type of personal injury, contact the personal injury lawyers of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.
Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More