Friday, May 10, 2013

Can You Or Your Company Be Liable If Your Text Causes A Crash?

It was bound to happen.  A lawsuit against the texter for distracting a driver who crashed into a motorcycle. 

A young couple who had started to date exchanged over 60 text messages while the male was driving.  Distracted by a text (I wonder what the paramour wrote), he crashed into a motorcycle severely injuring two persons. 

The trial court dismissed the claim against the texter.  However, the motorcyclists appealed.  And now a New Jersey appellate court is struggling to answer the question of liability for the texter. 

The case raises significant issues.  From a workplace perspective I wonder if the company can be held liable if its employee knows that another person is driving, and the employee, as part of his/her job, sends a text message distracting the driver. 

Read about the case here

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