The motivation for the following post is a Bob Sullivan article titled Could you be sued for texting with a Driver?
Lawyer Skippy Weinstein proposes the very interesting and topical claim that if you text somebody who is driving and cause an accident, you may be liable for any damages caused by the accident. Any prosecuting attorney would, of course, have to prove that you knew that whoever you were texting was in the act of driving a motor vehicle. Irrespective of what the law currently states, it certainly makes sense that the sending texter should be punished.
The following sign posted near the relief route and South Sunset Avenue in Roswell, NM states Texting While Driving Illegal. It is pathetically sad that people have to be warned against doing something that is potentially life-threatening to others.
The following three conditions have to be shown to establish partial blame for injuries received in a car accident:
1) The party the defendant assists must do a wrongful act; (Reading a text message)
2) The party must be generally aware of his or her role in the illegal or “tortuous” act; (Must know person he was texting was in the act of driving a vehicle)
3) The party must “substantially assist” in the principal violation. (Sends the text message)
There is no doubt that all conditions needed to show a tort has been committed are met!