Judge Rules Person Who Sent Text Resulting in Motorcycle Accident Not Liable
At the end of May we reported on the distracted driving lawsuit brought by a couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting. The couple claimed that not only should the teen driver of the vehicle that hit them be held liable for their motorcycle accident, but so should the driver’s girlfriend, who sent him a text message just seconds before the crash.
The judge ruled last week in the first case of its kind to hit the dockets in the U.S. He dismissed the claims against the woman in the lawsuit ruling that the person sending the text to which the driver was responding “cannot be held liable.”
The ruling sends the message that it is not the responsibility of the texter to monitor where the recipient of a text message is when responding to a message. According to the article, the judge said it’s reasonable for text message senders to assume the recipients will behave responsibly. He added that a text message is just one of many forms of distractions that a driver must deal with when behind the wheel.
The judge was quick to point out that he is not “minimizing the need for attentiveness while driving,” but he argued if he ruled for the couple, “any form of distraction could potentially serve as the basis of a liability case.”
Our Pennsylvania truck accident attorneys realize that the driver is responsible for their actions when driving our highways. However, we ask that friends and family members support each other in not calling or texting each other when driving. Whether a driver is distracted by a cellphone, the radio, a GPS device or by eating in the car he can still be held responsible in the case of an accident. We continue to urge all drivers to stay focused and sober when driving.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, including those injured in accidents that involve speeding, distracted driving, drunk driving, fatigued driving, aggressive driving and careless driving in hazardous weather conditions. The Pennsylvania personal injury law firm’s additional practice areas include trucking accidents, motorcycle accidents, medical malpractice, defective products, toxic chemicals, workplace injuries, nursing home litigation and other serious accidents. To contact the law firm, use the firm’s online contact form.
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