Bluefield Daily Telegraph, Bluefield, WV

Slate

September 11, 2013

If you text a driver who causes an accident, should you be held liable?

(Continued)

NEW YORK —

The sender should be able to assume that the recipient will read a text message only when it is safe and legal to do so, that is, when not operating a vehicle. However, if the sender knows that the recipient is both driving and will read the text immediately, then the sender has taken a foreseeable risk in sending a text at that time. The sender has knowingly engaged in distracting conduct, and it is not unfair also to hold the sender responsible for the distraction.

This was a civil case, and by "hold the sender responsible," the appellate judges were talking about civil penalties, not criminal ones. But as Darren Gelber noted on Jersey Justice Monitor, it's not hard to imagine how this decision might affect criminal prosecutions. A prosecutor looking to make a name for himself could theoretically use the appellate court's logic to justify charging somebody like Shannon Colonna as an accessory to reckless driving. Would that charge actually stand? Who knows. But it would get a lot of attention, and would make clear that New Jersey takes distracted driving very, very seriously.

This is a controversial decision _for one thing, it's hard to see how a sender can be expected to know that the recipient will read the message immediately, unless the message is something like READ THIS IMMEDIATELY, EVEN THOUGH YOU'RE DRIVING: LOL! — and it may well be appealed to the state Supreme Court. And as Gelber noted, a New Jersey state lawmaker has already announced that she will introduce a bill that would prevent texters in Shannon Colonna's position from being sued for their actions. For now, though, you're courting a possible lawsuit if you text someone who's driving in New Jersey.

Peters writes Slate's crime blog. @slatecrime.

Text Only
Slate
  • baby-generic.jpg For millennials, out-of-wedlock childbirth is the norm

    This month brings us yet another reminder that, for young Americans, having children outside of marriage is very much "the new normal," as The New York Times once put it.

    June 24, 2014 1 Photo

  • May 2014 was the hottest may in recorded history

    According to new data released this week, May 2014 is officially the warmest May in recorded history.
    Both NASA and the Japan Meteorological Agency have tentatively ranked May at the top of historical measurements, though NASA's numbers are preliminary because crucial information is still missing from China.

    June 20, 2014

  • GM recalls soar past 20 million. Why don't consumers care?

    In case you thought there couldn't possibly be another General Motors recall so soon, you're just not thinking big enough. This week, GM said it was recalling 3.36 million more cars. The cause: an ignition switch defect that could result in keys carrying extra weight (read: a keychain) to slip out of position and shut the vehicle off abruptly during "some jarring event."

    June 18, 2014

  • No one is against devoted dads

    Father's Day is Sunday, which means that it's time for pundits and politicians to scold the American public - with special ire reserved for black members of the American public - for our supposed indifference to the wonder and awe of fatherhood.

    June 12, 2014

  • 74129880-graduates.jpg The fate of the overeducated and underemployed

    According to the Federal Reserve Bank of New York, about 44 percent of young bachelor's degree holders lucky enough to be working are employed in positions that technically don't require their degree. While that number isn't far off from the historical norm — 22-year-olds have always needed a little time to find their professional footing — the fraction stuck scraping bottom in truly low-paying jobs has grown quite a bit since the recession.

    June 4, 2014 1 Photo

  • Skype's real-time language translator

    This week at Re/Code's Code Conference, Microsoft announced a real-time, multilingual translation beta called Skype Translate. The service can mediate between two video chatterers who speak different languages by providing text and audio translation after each person finishes speaking. Currently the service works for English and German, but Microsoft says it will support other languages soon. The beta will be released later this year.

    May 29, 2014

  • New Orleans does away with traditional public schools

    The second-graders paraded to the Dumpster in the rear parking lot, where they chucked boxes of old work sheets, notebooks and other detritus into the trash, emptying their school for good.

    May 29, 2014

  • Amazon sells steroids and stimulants banned in sports

    I have by no means executed a comprehensive search of wares sold by Amazon directly or through its third-party sellers, but I found other prescription drugs for sale without a prescription, including the antibiotic norfloxacin and the muscle relaxant methocarbamol. Both compounds, like clindamycin, warrant careful oversight to avoid complications or endangering public health, such as by breeding antibiotic resistance.

    May 29, 2014

  • 2010-Winter-Olympic-Games-001.jpg Nobody wants to host the Winter Olympics

    If we end up watching slopestyle from the Central Asia steppes in 2022, it will likely be because it's becoming clear that nobody in Europe wants to host these Olympics anymore. Publics may finally be getting wise to the fact that the long-term economic benefits of hosting mega-events like the Olympics or the World Cup are usually negligible at best.

    May 27, 2014 1 Photo

  • Woman sues a New York Hospital for forcing a C-section. Can doctors do that?

    Though Dray's doctor claims he did not force her to have a C-section, her hospital record included a note signed by the hospital's director of maternal and fetal medicine that said, "I have decided to override her refusal to have a C-section."

    May 21, 2014