Can You Be Liable for Texting the Driver of a Vehicle?
Texting is a common part of daily life due to instant communication. But with this convenience comes responsibility, especially when it involves texting someone who is driving. This raises important legal questions about liability and safety. If you’re unsure about the legal implications of texting a driver or need advice on a related issue, don’t hesitate to contact Hill, Gossett, Kemp, P.C. for unparalleled guidance.
Liability in Distracted Driving Cases
In Alabama, texting while driving is a serious offense due to its high risk of causing accidents. The law clearly states that the driver who is distracted by a text message is at fault if an accident occurs. This aligns with the National Highway Traffic Safety Administration’s findings that texting while driving can make a crash up to 23 times more likely.
However, the legal landscape is evolving to potentially extend liability to those who send texts. If a sender knows the recipient is driving and sends a message that is likely to be read immediately, this could constitute a breach of ‘duty of care’. Duty of care refers to the obligation to avoid actions that could foreseeably cause harm to others.
If you’re facing a situation related to texting and driving, or if you have questions about your legal duties, Hill, Gossett, Kemp, P.C. can provide the clarity and support you need. For more information on how our skilled accident lawyers in Alabama handle accident cases, visit this page.
Alabama’s Approach to Distracted Driving
A notable New Jersey case highlights the potential liability of text senders if they know the recipient is driving. In 2009, a couple was severely injured by a driver distracted by texts, leading to a lawsuit that extended to the sender. Although the New Jersey Court of Appeals ruled that senders could be liable under such circumstances, they found no proof in this case that the sender knew the driver was on the road.
In Alabama, the primary focus is on the driver’s responsibility to remain undistracted. However, there’s growing interest in whether senders of texts could be implicated if they know the recipient is driving. Alabama law hasn’t yet established a firm precedent for sender liability, but given the state’s commitment to reducing road accidents, future cases could explore this further.
Been Involved in a Texting-Related Accident?
While the legal landscape continues to adapt to the challenges posed by technology and mobile communication, it is always best to err on the side of caution. If you know someone is driving, save your message for later. It’s not just a matter of courtesy, but also one of safety and legal responsibility. If you need assistance or have questions about motor vehicle accident claims, contact us today at Hill, Gossett, Kemp, P.C. Let us help you ensure that your rights and safety are protected.