Personal Injury Claims Against Texting Drivers
When a car crash ends in an injury, the injured may turn to a car accident attorney to pursue a personal injury claim. In various cases, a claimant can successfully file against another driver for negligence if that driver was texting when they caused the accident. The injured can sue for negligence since the driver was “driving while distracted.” An injury claim is a way for the injured to hold the driver responsible for causing the accident. However, a recent case has called into question if it is plausible to sue the person who sent the text to the driver while they were driving.
One Recent Case Looks into the Text-Sender’s Liability
A Pennsylvania court case has recently reviewed if a friend or family member can be held liable in a personal injury claim for texting a driver who crashed due to the text.
These are some of the highlights of the case:
- A car crash occurred between a man and a woman.
- The man died as a result of the crash.
- The woman was found to be texting while driving, resulting in the crash.
- The man’s family pursued a wrongful death suit against the woman.
- The man’s family also pursued a wrongful death suit against the man who sent the text to the woman—the same text that resulted in the death of their loved one.
- The text-sender was found to have not known that the woman was driving.
- The case against the text-sender was dismissed.
This case resembles a similar New Jersey case from 2013. That case was also dismissed due to having no evidence that the text-sender knew that the recipient was driving when they sent the text.
The Key to a Successful Case Against a Text-Sender
What both of these cases were missing was proof that the “texter” knew that the recipient was at the wheel when the text was sent. It is plausible that a text-sender could be held liable for a personal injury claim if there was proof that he or she knew that the driver was driving. it would be clear that the sender knew that the recipient was driving if the sender asked the driver “How is the drive?”
As of yet, no claim has been made against a sender that has proven that he or she knew that the driver was behind the wheel. Therefore, future torts against senders may be successful under the right circumstances; however, the public will have to wait for the right case to be made to get the final answer.
Claims Are Successful Against Distracted Drivers
While the jury is still out on the liability of a text-sender whose text causes an accident, the distracted driver can be found liable for using their phone while driving. If you or a loved one have been injured at the hands of a distracted driver due to texting, you can hold them personally accountable for your injury.
If you have any questions about a distracted driving accident case, call (888) 498-3023 now. We offer free consultations.