Phone Users Have 'Duty' Not to Text Drivers

The New Jersey Superior Court found that a girl is not responsible for an accident that occurred after she texted a friend who was driving, but concluded that residents do have a "duty" not to text someone they know is behind the wheel.

We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving,” the Superior Court found. On the "duty not to text someone who is driving" part of the ruling, the court pointed to a 2007 case that concluded that a "duty is an obligation imposed by law requiring one party 'to conform to a particular standard of conduct toward another.'" In determining whether someone is liable, the court must consider: the relationship of the parties, the nature of the attendant risk, the opportunity and ability to exercise care, and the public interest in the proposed solution.