Driving while distracted is a real problem. The driver who’s distracted can be liable for injuring someone, but in New Jersey, the person who distracts the driver by sending texts can also be held responsible.
A couple that was severely and permanently disabled in an automobile accident sued the driver of the vehicle who hit them because he was driving while distracted. The couple also sued the driver’s girlfriend who was texting him on the theory that she contributed to the accident.
The New Jersey court ruled that “the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew that the recipient would view the text while driving and thus be distracted.”