It Can Wait
October 8, 2013 4:03 PM Subscribe
posted by roomthreeseventeen (66 comments total)
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The Superior Court of New Jersey's Appellate Division ruled
on August 27 that if, as you text someone, you have special reason to know that the intended recipient is driving and is likely to read the text message while driving, you as the texter have a duty to users of the public roads to refrain from sending the driver a text at that time.Linda and David Kubert
both lost their left legs when a teenager who was texting and driving hit their motorcycle Sept. 21, 2009.
The Kuberts settled their lawsuit against 19-year-old Kyle Best, but sued then-17-year-old Shannon Colonna of Rockaway, N.J., who was exchanging texts with Best as he drove. The appeals court found no evidence submitted that Colonna knew Best was driving or would read and respond to her text at the time he crashed. The Court's Opinion holds that a duty does exist on the part of a person sending a text, but the standard for that duty is high
It is illegal in New Jersey to use any device while driving unless it is both hands-free capable and is being used in a hands-free manner. Most new vehicles and new devices have applications that allow you to dial and some allow you to text hands-free with voice recognition software.
It Can Wait
is a national campaign to have drivers pledge never to text and drive.