In a case of first impression, a New Jersey appeals court recently ruled in Kubert v. Best that a remote texter may be held liable for injuries sustained in a motor vehicle accident if they text the recipient with reason to believe the recipient will review the text while driving. The court reasoned that, under these circumstances, the sender of the text would have "knowingly" engaged in distracting conduct, thus it would not be unfair to hold the sender responsible for the distraction that caused the accident - similar to holding a passenger who distracts a driver responsible for a resulting accident. While the remote texter in Kubert v. Best was ultimately found not liable for the injuries sustained in the subject motor vehicle accident, the court's decision seemingly laid the groundwork for a new cause of action in New Jersey against remote texters who cause motor vehicle accidents.
Texting A Driver Who Then Crashes May Be A Basis For Personal Liability
