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Text and driving

Kyle Best was behind the wheel of his pickup in September 2009 driving down a rural highway texting a friend. In the opposing lane David Kubert was cruising along on a big, blue touring motorcycle with his wife. Sadly while Best was texting he merged onto the other lane and collided into Kurbert. The Kurberts both lost their legs. They sued Best, his insurance company and surprisingly Kyles text recipient. They won 2 of the 3 cases, the court didn’t find the text recipient guilty because they couldn’t prove she knew he was driving. Although the court did agree with the claim. The court found the ruling that if you text a driver knowingly, you will also be liable for an accident.

“One of the great arguments my colleague made … was that when you text — you’re the texter — you are electronically in that car,” New Jersey attorney Marc Saperstein told CNN affiliate WPIX.” (CNN)

This is important because it will force people who text often to know their recipients actions constantly. I understand if you are texting and you know the recipient is driving, the right thing to do is stop because its partially your fault if an accident occurs, your putting the drivers life in danger and your supporting bad driving habits. However, I have to disagree with this ruling, because the texter cant always know what their recipients are doing. If you are driving a car; you make the decision to use your phone down or not. You know the consequences of your actions and are liable for whatever happens. The recipient that is not driving cant be liable for the drivers actions.

Other Testimony: “You have the obligation to keep your eyes on the road, your hands on the wheel and pay attention to what you’re doing,” he told radio station New Jersey 101.5.

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