This is an archived article that was published on sltrib.com in 2013, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
TRENTON, N.J. • A New Jersey court says a person who knowingly sends a text to a driver can share liability if the driver causes an accident.
Tuesday's ruling came in the case of a couple severely injured when their motorcycle was hit by a teenager who was texting while driving in 2009.
The injured couple settled their lawsuit against the driver for $500,000. They also sued his girlfriend, who sent him a text message.
The appeals court says someone who texts a motorist can potentially be liable if the sender knew the recipient would view the text while driving.
Nevertheless, the judges upheld a lower court ruling that dismissed the lawsuit against the girlfriend. The court says the couple didn't show evidence that the girl knew her boyfriend was driving or would look at her text.