The New Jersey Court of Appeals recently opened the door for a new cause of action in personal injury cases: knowingly texting a driver. Now, individuals can be found liable for injuries sustained by a driver reading a text message, if the individual sending the text message had “special reason” to know that the driver was driving at the time and would read the message. This is a high standard to meet. In the recent New Jersey case, the court found that there was insufficient evidence to prove that the individual knew the driver was driving and that the driver would read the message. The Court’s consideration of this case alone is enough to suggest that this might be a new area of liability for cell phone users.
Lance Youd is a personal injury lawyer in Salem.