A person who is texting while driving can be held liable for an accident that he or she has caused, but can the person who is exchanging messages with the driver also be held liable?
That question was recently brought to the forefront in a New Jersey trial after a couple claimed that not only was a texting driver responsible for injuries they suffered after he struck their motorcycle, but that his 17-year-old girlfriend who had been texting him right before accident was also liable.
The story made national headlines. How would the court come down on this issue?
The trial court dismissed the claim against the girlfriend. That decision was appealed and a New Jersey appellate court upheld the lower court ruling.