Attorney Dan T. Matrafajlo Comments on The Possibility of Holding An Individual Liable for Texting a Driver Who Causes An Accident

New Jersey motor vehicle violations attorney Dan T. Matrafajlo, of the Law Offices of Dan T. Matrafajlo, weighs in on the possibility of holding an individual liable to a civil lawsuit for testing someone who is driving and causes an accident.

Attorney Dan T. Matrafajlo, of the Law Offices of Dan T. Matrafajlo, weighs in on the possibility of a New Jersey Appeals Court ruling that could possibly result in a new law that could hold those who knowingly text drivers potentially liable if the drivers end up causing an accident.

This ruling was held in the N.J. Appeals Court case of Kubert v. Best, et al (No. A-1128-12T4) on August 27, 2013.

Facts of the Case

The case involved an 18-year old driver who was texting his girlfriend shortly before getting into a serious accident with a couple riding on their motorcycle. While the injured couple settled with the driver, they also sued his 17-year old girlfriend for texting him right before the crash, according to the published opinion.

The published opinion furthernoted that while the Appeals Court held that individuals have a legal duty not to text another person who they know is driving, it ultimately held the injured plaintiffs in this case had not provided sufficient evidence to hold the girlfriend liable.

The Effect on Texting

Under New Jersey motor vehicle violations laws, a distracted driver who is texting could be fined up to $150,000 and could go to jail for as many as 10 years if they hurt someone. However, according to a CNN article, New Jersey Governor Chris Christie seems to think blaming the sender might be going too far.

"Although this will be a hotly contested factual issue in cases to come, the real takeaway of this case should be that if you're driving, you should put your phone away," said attorney Dan T. Matrafajlo of the Law Offices of Dan T. Matrafajlo.

"You don't want to cause an accident and hold your friends liable because you were texting them. It is just not worth the consequences," Matrafajlo further commented.

We Are Here For You

The attorneys at the Law Offices of Dan T. Matrafajlo have the experience and knowledge to analyze all the results and evidence in every accident case and use this information to help defend clients in their cases. The legal team also assists clients in dismissing New Jersey motor vehicle violations in order to avoid fines, penalties and an increase in their insurance premiums.