The Clinton Herald, Clinton, Iowa

Lifestyles

September 12, 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
Lifestyles
  • The virtues of lying

    Two computational scientists set out recently to simulate the effects of lying in a virtual human population. Their results, published in the Proceedings of the Royal Society B, show that lying is essential for the growth of a cohesive social network.

    July 31, 2014

  • The Clinton Herald Jim Miller Low-cost, free cellphone options for seniors DEAR SAVVY SENIOR: What are the cheapest cell phone options available today to seniors living on a shoestring budget? I only need it for occasional calls. — Seldom Calling SeniorDEAR SELDOM: For financially challenged seniors who only want a cell pho

    July 19, 2014 1 Photo

  • Off to market: Fulton Buy-Way yard sales are Aug. 8 and 9

    Flea market fans and bargain shoppers will once again make their way to Fulton.

    July 31, 2014

  • School supplies offered at events

    With students going back to school soon, Clinton families will have two opportunities to receive free back-to-school supplies.

    July 30, 2014

  • CATS-DOGS281.jpg Where cats are more popular than dogs in the U.S.-and all over the world

    We all know there are only two types of people in the world: cat people and dog people. But data from market research firm Euromonitor suggest that these differences extend beyond individual preferences and to the realm of geopolitics: it turns out there are cat countries and dog countries, too.

    July 29, 2014 1 Photo

  • YWCA offers lifeguard training

    CLINTON — The YWCA will offer lifeguard training in August.The course will be held from Aug. 4 to 10 at the YWCA. This 30-hour class will meet from 5 to 9 p.m. for four weeknights and from 1 to 5 p.m. Saturday. A possibility of adding a class from 1

    July 25, 2014

  • GPS race Teams race to complete challenges THOMSON, Ill. — A challenge in August will pit teams against each other to complete a series of challenges.The event will begin at 9 a.m. Aug. 16 at the Upper Mississippi River National Wildlife and Fish Refuge in Thomson. Armed with GPS units, teams

    July 25, 2014 1 Photo

  • Habitat for Humanity hosts fundraiser

    CLINTON — Habitat for Humanity will host a fundraiser in Thomson, Illinois.The Clinton County group will showcase Laid Back Luau from 5 to 8 p.m. Friday, Aug. 8, at Heirloom Cafe in Thomson. The event will feature games, prizes, music train rides for

    July 25, 2014

  • Fire departments undergo grain bin rescue training OMAHA — The Goose Lake and Lost Nation Volunteer Fire Departments each have received lifesaving grain bin rescue equipment through a donation from Farm Credit Services of America.Goose Lake received its equipment July 14 and Lost Nation on July 15. E

    July 24, 2014

  • ADM donates $75K for fire boat purchase CLINTON — Archer Daniels Midland Company has donated $75,000 to the city of Clinton for a new fire and rescue boat for the Clinton Fire Department.The boat will help the fire department respond to fires, administer emergency medical services and resp

    July 24, 2014

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.