Third-Party Texters Can Be Sued for Their Electronic Presence!

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Big Brother texting

Big Brother texting!

If you have entered New Jersey, you have just crossed over into the Twilight Zone where third party texters are now held liable for texting begun by someone else or for texting someone who happened to be driving. This is in the event of a crash of any kind. That is the determination of the loons in the New Jersey State Court of Appeals, a decision which will be emulated throughout the nation.

We are Russia now.

What next? If you talk to a driver while s/he’s driving, can you be held responsible?

The third-party has to have some knowledge the person was driving. It will get murky but lawyers will love it. It sets a precedent and who knows how it will evolve.

This all came about when the NJ appeals court heard a case which they dismissed but used as a basis for defining third-party texters. They decided that you can be electronically present even if you are not physically present.

The opinion read, that,”when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time.”

The court added that generally, “we do not hold that someone who texts to a person driving is liable for that person’s negligent actions.” What does that mean? It won’t hold back the sue-happy lawyers who are already out of control. We need tort reform and we get this!

New Jersey also puts people in jail if they use a cellphone illegally when there is injury or death.

NJ Police will soon have the right by law to confiscate cell phones at the scene of an accident despite the fact that there is a great deal of personal information on peoples’ smart phones. People don’t have a 4th Amendment in New Jersey.

Why don’t they just install a chip in a person that gives them a shock if they use their phone in the car. How about some electric fence type apparatus?

Since when is this the third-party’s responsibility? The person who is driving should just not answer the text or initiate a text! The driver is responsible. This is as crazy as holding bartenders responsible for irresponsible drunk drivers.

 

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