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It's universally agreed that reading and sending SMS messages driving is worse than a bad idea, but a New Jersey court is contemplating whether a person sending a message to a driver should be viewed as legally culpable in the event of an accident.

An appeal court in New Jersey recently upheld a decision to not charge a girl who sent a message to her boyfriend while he was driving, though they did suggest that it is a situation they are willing to contemplate further.

The boyfriend driver was found responsible for the accident, after he crossed the centre line of a road and crashed into a motorcycle, while reading the text message she had sent.

If this does come up again in court, it will be a difficult legal argument for the court to consider. First, the prosecution would have to establish that the texter was aware that the recipient was driving, and it was also have to prove that the texter owes a duty of care to the injured parties.

If anything, it serves as a valuable reminder that sending a message to someone you know is driving could have devastating results.

Via: The Verge
Image credit: Flickr member mrJasonWeaver


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