It might seem strange to think that you might be held liable for a traffic accident just because you sent the driver a text message, but the issue is currently being litigated in a Pennsylvania court room.

There is a story in the Washington Post about Daniel E. Gallatin, who was killed in a motorcycle crash not far from Pittsburgh. Members of Gallatin’s family have filed a lawsuit against the SUV driver who caused his death in a traffic crash. They also filed suit against the person who sent the text message to the driver who read the message while she was driving and crashed into Gallatin from behind. The lawsuit against the individual who sent the text message to the driver argues that the sender of a text message that distracts a driver and causes an accident should share in the liability for the crash if they knew or had reason to believe that the person to whom they were sending the text message was driving at the time they would receive it.

The legal precedent for the Gallatin family’s case against the sender of the text message is taken from a New Jersey case, Kubert v. Best. In that case, which also involved a traffic crash with a motorcycle, the court found that the sender of a text message could be held responsible for causing a crash along with the driver who read the message. A Pennsylvania judge has approved the theory and is allowing the case to against the sender of the text message to continue. Oral arguments for the Gallatin case are scheduled for November 2016.

While holding the person who sent a text message liable when the person who received the message causes a crash might seem a bit extreme, it is important to note that both the New Jersey and Pennsylvania courts have predicated liability upon the message sender having knowledge that the recipient was driving. The court seems to be sending a message about the requirement for the person sending the message to be more mindful about whether the person receiving the message might be driving at the time they receive the message and to maybe think twice before sending it. If you knew that you might end up sharing the responsibility for an auto accident if the person you send that text message to is distracted by your message while they are driving? Does the idea make you think before you hit “send” on your next text message?

Every driver owes a duty of care to the other drivers on the road to drive safely because their actions when they get behind the wheel will have life and death consequences for all the other drivers on the road.

If you suffered serious injuries in an auto accident caused by a distracted driver or any other kind of negligent behavior, the Sevierville auto accident attorneys at Delius & McKenzie, PLLC are here to help you. We have represented car crash victims throughout Sevier County and the state of Tennessee. For more information about our legal services, please call us at (865) 428-8780 or fill out our contact form. We proudly serve Sevierville, Gatlinburg, Pigeon Forge and Seymour.