Text Sender Sued for Allegedly Causing Driver to Crash

[Doomsday101]

Yes for both. They really need to crack down on lawyers who file frivolous suits. Huge fines and up to and including disbarment.

Go to loser pays and you would see a lot less of this

 

[kmp77]

you can bet she had done it before when she must have at least suspected he was driving. Have no problem with this at all.

 

[DasTex]

If they somehow win this, it's going to open pandoras box for ambulance chasers.

Maybe I can sue the local radio show in the morning, because they made me laugh and I lost control and hit a telephone pole.

 

[Doomsday101]

If they somehow win this, it's going to open pandoras box for ambulance chasers.

Maybe I can sue the local radio show in the morning, because they made me laugh and I lost control and hit a telephone pole.

I agree. I think I will sue the bill board company I once got into an accident reading their big ars sign. Or maybe the state of Texas for their road under construction signs it was very distracting. :laugh2:

 

[ethiostar]

This is ridiculous.

The guy didn't have to reply to the text or even check his phone to read the text. He could have simply chosen to wait until he came to a stop or reached his destination.

 

[CanadianCowboysFan]

The sender of the text was not at fault the man driving trying to respond is.

This type of stuff is a waste of time in our courts

Except of course that the matter would be in court anyway so there is no waste involved other than at most an extra few hours to argue that point.

In the end, the insurance companies will fight each other and split up how they have to pay the judgment.

 

[CanadianCowboysFan]

Cars should have mobile block / jamming system in them so any type of mobile voice / data doesn't work if the car engine is running. Sure it would affect passengers too, but I think it's completely worth it.

Holy overreactions batman.

 

[CanadianCowboysFan]

Yes for both. They really need to crack down on lawyers who file frivolous suits. Huge fines and up to and including disbarment.

oh please, that is just ridiculous.

If we don't sue everyone that we could possibly sue in these kind of cases, our clients sue us for negligence if they lose.

 

[DasTex]

Except of course that the matter would be in court anyway so there is no waste involved other than at most an extra few hours to argue that point.

In the end, the insurance companies will fight each other and split up how they have to pay the judgment.

Yup, and the cost will go to the insurance companies, which then turn the cost over to you. But no worries, let's just keep suing the heck out of everyone for everything. That way the ambulances chasers can continue to pad their wallets.

Sounds like a plan to me....

 

[Arch Stanton]

Cars should have mobile block / jamming system in them so any type of mobile voice / data doesn't work if the car engine is running. Sure it would affect passengers too, but I think it's completely worth it.

That would mess up my ability to use my phone as a SatNav.

 

[casmith07]

Snowball's chance in hell of winning that one, since reading a text while driving or even having your phone accessible while driving is the driver's decision.

 

[casmith07]

Cars should have mobile block / jamming system in them so any type of mobile voice / data doesn't work if the car engine is running. Sure it would affect passengers too, but I think it's completely worth it.

No, what they should do is allow police to pull over anyone they see with a cell phone in their hand like they do on military installations.

The ONLY authorized use of your phone in your hand on a military installation is if you are safely parked. If your car is in motion and you are not using a handsfree device, you can be pulled over and ticketed. Fines start at $150 and increase depending on the perceived threat to others.

 

[dargonking999]

I think the reason there including her in the suit is because she knowingly, texted him while he was driving. I have many friends who when I say i'm leaving work, will not text me until i tell them im at home. If you don't want someone to text and drive, you don't text them while driving. Simple as that. If she's not texting him, most likely he doesn't have that accident trying to text her back. I'm not saying it's right, but I'm saying they have a case.

 

[The30YardSlant]

“She may not have been physically present, but she was electronically present.”

That's one of the most idiotic things I've ever read.

 

[tupperware]

I think the reason there including her in the suit is because she knowingly, texted him while he was driving. I have many friends who when I say i'm leaving work, will not text me until i tell them im at home. If you don't want someone to text and drive, you don't text them while driving. Simple as that. If she's not texting him, most likely he doesn't have that accident trying to text her back. I'm not saying it's right, but I'm saying they have a case.

Sure, the sender played a part. Meaning, the guy may or may not have been distracted had the message not been sent. However, it's up to the driver to use common sense while driving and not read/reply.

 

[DallasEast]

Cars should have mobile block / jamming system in them so any type of mobile voice / data doesn't work if the car engine is running. Sure it would affect passengers too, but I think it's completely worth it.

Three weeks ago...

As far as texting in general is concerned, my opinion is based on the fact that it is based on electronic instead of mechanical technology. Smartphone technology presently exists which can determine whether a cellphone is in motion. It's called GPS.

In my opinion, cellphone manufacturers should make GPS standard on all their products (if they do not already). Cellphone GPS should be integration with texting functionality. Then, each cellphone could be 'encoded' to shut down its texting capability while its owner is driving.

It would also eliminate texting while riding as well. But, in reality, that would be a small sacrifice for cellphone owners to accept as a consequence of helping prevent needless injury or death due to texting while driving.

Of course, this is exactly the kind of idea which tests humanity's willingness to part with something which is not essential to their everyday lives. It is also one which might negatively impact corporate greed. Admittedly, those are two huge hurdles to overcome when comtemplating whether the personal safety of others warrants such minor changes.

While it is still hazardous for some drivers who talk-and-drive (and their fellow commuters), I do not think that such restrictions should apply to cellphone voice capability.

 

[bounce]

Three weeks ago...
While it is still hazardous for some drivers who talk-and-drive (and their fellow commuters), I do not think that such restrictions should apply to cellphone voice capability.

Then texting would be disabled in any bus, train, plane, or anything that moves. It's an overreaction and a case of over policing. People need to police themselves. I have texts come in while I'm driving, and I don't check them until I'm stopped. It IS possible.

I'm all for hands free laws but you can't just jam everything, everyone be damned.

 

[DallasEast]

Then texting would be disabled in any bus, train, plane, or anything that moves. It's an overreaction and a case of over policing. People need to police themselves. I have texts come in while I'm driving, and I don't check them until I'm stopped. It IS possible.

I'm all for hands free laws but you can't just jam everything, everyone be damned.

On an individual basis, it is possible and proven. Unfortunately, texting and driving has also been proven to have dire life and death consequences which can be positively influenced with technological restrictions.

Freedom to drive should not be equivalent to freedom to main or kill involuntarily due to completely and literally avoidable negligence. Policing to avoid unnecessary injury or death on streets and highways should finally enjoy some overly measureable successes. It has only enjoyed moderate success preventing driving while intoxicated or under the influence, primarily because you can't hinder all or the majority of the driving population from drinking or ingesting illegal substances if they do so chose.

That does not necessarily need to be the case with texting while driving. Should texting while driving be considered such an untouchable privilege that the lives it impacts negatively are summarily dismissed? That is an 'everybody' question, not an individual one. And it deserves an answer from everybody as well.