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    Pam Menaker Writes About New Case in New Jersey that May Hold the Sender of a Text Message Liable for a Driver’s Accident

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    Posted on April 7, 2014 To

    Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices, authored an article for the American Bar Association (ABA) Litigation News on a new case out of New Jersey that may be significant for drivers around the country, if the trend continues. The New Jersey appellate court held that the sender of a text message may be responsible when the receiving person who is driving a vehicle gets into an accident and causes injury or death. That is what happened in Kubert v. Best, when a couple had been texting each other all day and then one of them got into an accident, leaving two people on a motorcycle severely injured including each one suffering the loss of a leg. The court held under certain circumstances, even the sender of the text message may be held responsible if the texter send the message “immediately” before the accident and “when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving.” To read the entire article, “Text Message Sender May Face Liability for Driver’s Accident,” click here.