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Thread: Texting and Driving, people trying to sue the wrong person.

  1. #1

    Default Texting and Driving, people trying to sue the wrong person.

    So I bet at least a few of you now have heard of the people who are advocating for the "LETS SUE THE PERSON WHO TEXTED THE PERSON DRIVING" crap.

    While I agree texting and driving is a nono, and well just anything and driving is a nono, how in the hell, do people think, that they should be able to sue the person WHO TEXTED THE DRIVER.

    And let me just clarify this with an example here so we all understand exactly what I'm saying there:
    People are trying to sue people who texted the driver. Not the driver themself, no example scenario:

    You text me.
    I look at my phone.
    Car Crash happens.
    Person involved sues you, and not me, because you sent the text.

    PLEASE, explain to me how that even works? How are you even suppose to know half the time if someone is driving? Discuss.

  2. #2

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    It's people trying to get as much money as they can from anybody they think might be responsible in the least. You can file suit against anyone for any reason, whether or not the court decides to throw it out or decide against you is a different matter entirely.

    Civil suits do not need any real merit to be filed. You can face criminal charges for filing a frivolous suit, and the person you sued can file a counter-suit. What I think would be more telling would be whether or not there were criminal charges (even at misdemeanor levels) for texting someone while they are driving. Of course, things might be different under Napoleonic code of law and the responsibilities and decisions would have to be determined there.

  3. #3

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    Ha ha ha! That's funny.

    I'd like to see anyone win a legal case with that argument! It'll never happen.

  4. #4

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    Leaving aside the question of how you could prove, even to the level of evidence required by a civil court, that the text-sender actually knew that the recipient was driving, I suppose that hypothetically, you could try and build a case on contributory negligence.... perhaps try and stretch Duty of Care to assert an obligation not to wilfully distract someone whom is engaged (or you suspect is engaged) in an activity that is potentially dangerous to themselves or others if they lose their focus.

    However, it's one thing to apply that logic to a passenger who is screaming in the drivers ear, it's quite another to try and apply it to a text, which is something that a driver could quite easily ignore. In fact, I would imagine that just about every court in the world has asserted that ignoring a text is the reasonable thing to do when driving. That being the case, by choosing to read the text and taking their attention off the road, the driver is acting unreasonably in the circumstances, so the liability for any consequences is on them.
    Last edited by Akastus; 31-May-2016 at 21:26.

  5. #5

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    Quote Originally Posted by tiny View Post
    Ha ha ha! That's funny.

    I'd like to see anyone win a legal case with that argument! It'll never happen.
    Believe it or not, people have won outrageous lawsuits. Not too long ago I remember a burglar suing a homeowner for am injury sustained during a robbery, and won.

  6. #6

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    It's seems king of unfair, the driver have to resist the urge to respond or reading and focus on the road. But perhaps a particularly persistent lawyer could charged it as "accidental homicide" i guess?

  7. #7

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    Quote Originally Posted by MeTaLMaNN1983 View Post
    Believe it or not, people have won outrageous lawsuits. Not too long ago I remember a burglar suing a homeowner for am injury sustained during a robbery, and won.
    You mean a burglary? I can understand that being possible if the resident was not immediately defending himself from attack. Even if someone breaks into your home, you still have a duty of care to not, say, decapitate them without provocation. Of course, I'd expect most injuries sustained by criminal intruders to be considered par for the course.

    There's no way that blame could ever be attributed to the sender of a text message in the event of a road-traffic accident. If that were true, you could probably sue your bank for sending you a letter that you read when you were driving, leaving you unable to see the road clearly, and resulting in the death of hundreds of people as you drove through a pedestrianised area!

    You could also sue the manufacturer of the car for providing you with a lethal weapon, and any petrol stations for facilitating the crime. Might as well sue the government for building roads, and the dead victims for being born and causing you "distress" when you killed them. It's all too silly to ever happen.

  8. #8

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    Quote Originally Posted by neaendr View Post
    It's seems king of unfair, the driver have to resist the urge to respond or reading and focus on the road.
    However is that unfair? They're in control of tons of hurtling metal. It's their *responsibility* to focus on the road.

  9. #9

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    Just when you think you've heard everything. Yeah, just don't respond to the text because, hey, you're driving.

  10. #10

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    Unfortunately this is happening. The idea of this being a law/usable court case is being circulated through several boroughs around here. . . In fact there's a bunch of people trying to sue someone who texted a school bus driver, the bus driver chose to read the text, not the person who sent it. . .

    Not only are the texting laws getting outrageous, but now they're also implementing a thing that if you get a DUI you have to get a "Breathalyzer Ignition" put on your car that won't allow you to start the car if you don't pass it. I'm not even joking, PA is srsly trying to pass that as a law. Now I can kinda see that one but whats to stop the person from getting someone else to do the test or get drunk AFTER they've started the car. Or if they know they're going to a party, start the car and idle it for the duration of the party then leave in the already started car. . .

    These driving laws in general are getting ridiculously stupid. But back to the texting thing, unfortunately this is something that people are trying to do, its just so stupid, how is it the other persons responsibility, who even thought that was a good idea?

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