Recently, the law in New York State has gotten tougher on people who send text messages while driving. With Werner Herzog’s documentary, ‘From One Second to the Next’ and a general increased awareness of this all-too-common occurrence, people are starting to realize just how catastrophic texting while driving can be.
Texting while driving causes many car accidents resulting in severe injuries and deaths each year. If someone causes a car accident because they were texting while driving, or otherwise distracted, they should be held liable.
An appellate court in New Jersey has gone one step further. In Kubert v. Colonna, the Appellate Division of the Superior Court of New Jersey held that a person who sends a text message to a driver and knows the driver will review that message while driving can also be held liable. Analogizing the sender of the text message to a passenger who distracts a driver, the Appellate Division held that a passenger must avoid distracting the driver. The remote sender of a text who knows the recipient is then driving must do the same.
The personal injury attorneys at Maynard O’Connor have a proven track record of protecting the rights of our clients who are injured by negligent drivers. We know how to obtain the electronic evidence to prove when someone is distracted by his or her phone rather than paying attention to the road. If you are injured because another driver is distracted by his or her phone, let us help you recover the money you are entitled to. Call us at 800-721-3553 or contact us to schedule a free consultation at one of our offices in Albany, Saugerties or Johnstown NY.
