Everyone knows the dangers of texting and driving. We unfortunately hear on the news too often of accidents caused by inattentive driving. However, a recent New Jersey Court of Appeals case concluded that a person sending text messages has a duty to not text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.
There are no Wisconsin cases that currently address this duty in Wisconsin law, but this area of the law is developing quickly to address current technology needs. It serves as a good reminder that the dangers of texting are not just while you are driving. If you are texting someone and you know they are driving, it is possible you could face liability under this precedent.
If you have been injured in an accident and would like to meet with an attorney, please call our office at (920) 743-6505 to speak with one of our trial specialists.