The Clinton Herald, Clinton, Iowa

Lifestyles

September 12, 2013

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

NEW YORK — As Werner Herzog and others have made abundantly clear, texting while driving is a stupid activity that could end in injury, death and/or criminal and civil liability for the texter. But what about the person on the other end of that text message? Do they share any responsibility for accidents that result from texting while driving? A recent decision out of a New Jersey appellate court argues that, sometimes, the answer is yes.

In 2009, a New Jersey teen-ager named Kyle Best was driving and texting when he veered into the opposite lane and collided with a motorcycle occupied by a married couple named David and Linda Kubert. The Kuberts, both of whom lost a leg, sued Best. (At the time, New Jersey state law did not include significant criminal penalties for causing an accident because of driving while texting.) But they also sued Shannon Colonna, a teen-age girl with whom Best had been texting at the time of the crash, claiming that she also bore some responsibility for the accident. The trial judge dismissed the Kuberts' claims against Colonna; the Kuberts appealed.

Last month, the appeals court issued its decision. The appeals court upheld the trial court's decision to dismiss the case against Shannon Colonna, saying that the Kuberts failed to prove that Colonna knew Best was driving a car during their text exchanges. But the appeals court also found that, in the abstract, the Kuberts' argument held some merit, and that "a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving." Reasoning that an actual passenger in a car might be held liable for an accident if she urged a driver "to take his eyes off the road and to look at a distracting object," the appeals court applied similar logic to remotely texting an easily distractable driver:

Text Only
Lifestyles
  • CCC Veterans Association host 'Honor Flight' showing CLINTON -- The Clinton Community College Student Veterans Association will be host a public showing of the Honor Flight Movie at 6 p.m. Thursday, May 8. The movie will be shown at Clinton Community College Auditorium, 1000 Lincoln Blvd., Clinton. The

    April 17, 2014

  • Sound of Music Screenings showcase films at TLP MOUNT CARROLL, Ill. -- Timber Lake Playhouse will host two events next month. A sing-along "Sound of Music" event will be held at 6:30 p.m. Saturday, May 3, and at 2 p.m. Sunday, May 4, at the Mount Carroll theater. A screening of "Young Frankenstein

    April 17, 2014 1 Photo

  • April is Donate Life Month

    CLINTON -- The month of April is National Donate Life Month across the United States. Hospitals across the nation, like Mercy Medical Center in Clinton, join to recognize the impact that organ and tissue donations make and to honor the generosity of

    April 17, 2014

  • Screen shot 2014-04-11 at 4.49.09 PM.png Train, entertain your pets with these 3 smartphone apps

    While they may not have thumbs to use the phone, pets can benefit from smartphone apps designed specifically for them.

    April 13, 2014 1 Photo

  • Alternatives available for addicts DEAR ANNIE: I enjoy reading your column and agree with most of your advice, including your recommendations when it comes to handling alcohol addictions and binge drinking. I do not work in this field, but I've seen alternatives to AA that may be more

    April 12, 2014

  • Peace Soup Peace Soup completes 7th year CLINTON -- Peace Soup concluded its seventh year this week. Peace Soup was held for five Tuesdays during the Lenten season. The series for 2014, "Interfaith Connections to Peace," featured the topic of Christianity. Elizabeth Liggett, pastor at St.

    April 12, 2014 1 Photo

  • Milkweed plants Raising awareness of milkweed MAQUOKETA -- The Hurstville Interpretive Center will attempt to raise public awareness about milkweed plants. The center is holding a plant sale for area residents to try to include more milkweed plants in the region for monarch butterflies. The sale

    April 10, 2014 1 Photo

  • Women's club extends sale CLINTON -- The Clinton Women's Club has extended the deadline for the group's annual silent auction. The deadline for bids is through Saturday for the purse and bag silent auction at the George Curtis Mansion, 420 Fifth Ave. South. During this past w

    April 9, 2014

  • Churches band together CLINTON -- Downtown churches will participate in the annual Way of the Cross next week. The 17th annual event will be held April 18 in downtown Clinton, signifying Good Friday. The community is invited to join in this event. Individuals may participa

    April 9, 2014

  • RV to take university 'mobile museum' on road IOWA CITY (AP) -- A 38-foot-long recreational vehicle sponsored by the University of Iowa will soon travel Iowa promoting the state's rich history. The Mobile Museum is expected to make its inaugural appearance in Fort Dodge this weekend, and stops i

    April 8, 2014

Elections
Front page
Clinton Herald Photos


Browse, buy and submit pictures with our photo site.

Poll

Should the city of Clinton appeal the open records violation ruling that will cost taxpayers $40,600?

Yes
No
     View Results
AP Video
Olympics 2014
Featured Comment
Featured Ads
Blue Zones Project
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.