According to an article written by Ben Brumfield and Chris Boyette from CNN, “Text a driver in New Jersey and you could see your day in court.” Texting someone while they are driving a vehicle could result in a lawsuit against the person texting for damages up to $150,000. How can texting someone while they may be driving be held against you? What if the message was delayed somehow and didn’t get to them until after they were driving? How would you know if they were driving before you sent the text? Wouldn’t it be the driver’s responsibility to make the choice to look at their phone?
What if the message you had sent someone was delayed in delivery? Even with the technology we have today it is not always instantaneous. I have on numerous occasions sent text to people that they didn’t receive, sometimes they weren’t received until the next day. We can’t be punished for a flaw in technology. If we can’t predict whether or not our phone service is going to work properly then how is it possible to know if the person we are trying to text is driving.
How is it possible for you to know if the person you are texting is operating a vehicle? I send text all the time to my children, friends and family. Unless every one of them send out a mass text to everyone stating that they will be on the road at such and such time there is no way to know. I personally will not take the time to text everyone with this information. With that being said, how would you know your Aunt from out of town that you haven’t heard from in months is going to text you while you are driving? How would she know you were on the road? The answer is neither of you would. If you send a text and the driver responds stating “I am driving” wouldn’t that be texting and driving? This would be the driver’s responsibility whether or not to use their phone while driving. It should not be held against the person texting if the driver is being irresponsible and responding to the text.
To respond to the text would be the driver’s dicsion to look at or use their phone. If the government entrust us in having driving privileges and to abide by the state laws for operating a vehicle then why can’t we trust the person we are sending a text to abide by the very laws that our government has put in effect? If I can be sued for damages that happened due to the driver being irresponsible why can’t we sue the government for issuing a license to the irresponsible driver of the vehicle? This is absolutely absurd for the person texting to be held accountable for another’s wrong doing. When I send a text to someone it should be their responsibility to decide whether or not it’s safe to use their phone.
We live in a country where we are free to make our own decisions and are liable for our own actions. We also have access to many great technologies, however they are not always dependable. I will not be held accountable for flaws in technology or for another person’s irresponsible decisions. We also can’t be expected to predict whether someone is driving or if we are going to receive a text while driving. If this were possible we should be able to predict whether or not we were going to have an accident ahead of time. If we can be held responsible for texting a person who has been issued a driver’s license upon an agreement of knowing the laws and regulations, then who knows what other doors might open for a responsible person to be accused of wrong doing without their knowledge.
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