Text Sender Can be Punished for Causing Accident


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.

Do NOT Text Sign on Highway

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!


2 comments on “Text Sender Can be Punished for Causing AccidentAdd yours →

  1. That sounds completely fair to me. If you’re knowingly distracting somebody while they’re driving, then you should take some of the blame if there is an injury causing accident.

    Texting somebody while they’re driving is the same as any other type of interruption that could impair their judgment. Now if you don’t know that they’re driving when you text them, then you’re not at fault. That would be the tough part from a lawyer’s point of view. How could an attorney really prove that the texter really knew the person was driving.

    1. Michael Morse , a Michigan attorney, has successfully prosecuted car accident injuries caused by irresponsible texting. Morse, who produces the commercials with black people reading from teleprompters about how Morse really cares about them, is a personal injury lawyer. You know he cares since some of the motorcycle crash people are crying after he gets them all that money.

      That boy earned over 80 million bucks in damages for car crash victims and only took about 50 million dollars for himself which shows how he really cares a lot for his clients injured in auto accidents!

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