Can Third Parties Be Held Liable for Texting and Driving Car Accidents?

 Posted on December 00, 0000 in Distracted Driving

One of the most common causes of car accidents today is distracted driving. National statistics put the number of Americans killed every year in distracted driving accidents at over 3,000, with another 431,000 victims injured. However, according to a study conducted by AAA, the number of victims is probably much higher. The study found that distracted driving accidents are difficult to accurately track because drivers are most likely very reluctant to admit they were using their cell phone when the crash occurred.

The state of Illinois, along with 45 other states in the country, has banned texting and driving. Illinois is also one of 14 states that have enacted a hand-held cell-phone ban.

Accident Liability

The driver who is texting and driving is breaking the law. If he or she causes a vehicle accident and someone is injured – or worse, killed – the driver can be held legally responsible for both economic and noneconomic damages for any victims of the crash. But what about the person on the other end of the cell phone who the driver was exchanging messages with? Can they be held liable for a car crash victim’s injuries if they knew the person they were texting with was actually driving a vehicle at the time?

That question is being raised more and more often in personal injury cases. The legal community has taken notice as several recent, precedent-setting cases have held the person on the other end of the phone could be at least partially liable for victim’s injuries in a car crash.

In one of the cases, Gallatin v. Gargiulo, took place in a Pennsylvania courtroom. A woman was driving her boyfriend’s car and texting with him at the same time. As she was driving and texting, she did not notice the motorcycle in front of her had slowed down to take a turn. The woman crashed into the man, dragged him over 100 feet. The victim did not survive. The judge ruled that family of the victim can file a wrongful death claim against the boyfriend.

Another case was decided by a New Jersey appeals court. In that case, the court ruled that a third party can be held liable if they are texting a person they know is driving, thereby setting the precedent. However, the justices ruled that there was no evidence in this case the defendant knew the person she was texting with was actively driving.

If you have been injured in an accident caused by a driver who was texting or engaging in other dangerous driving behaviors, contact an experienced Orland Park car accident attorney to find out what legal options you may have against the at-fault driver. Call 708-966-2408 for your free initial consultation.

Sources:

http://www.vocativ.com/314646/texting-and-driving-punished/

http://www.ncsl.org/research/transportation/cellular-phone-use-and-texting-while-driving-laws.aspx