Perusing various sources of information reveals some interesting developments that can raise questions about insurance coverage. For example, the New Jersey Appeals Court decided that sending a text to someone you know is driving—and who will read it at the same time— can lead to legal responsibility for the sender if the driver has an accident.
The judge in that case said, "when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time."
The court also noted that if the sender of the text does this, then the sender "has taken a foreseeable risk in sending the text, has knowingly engaged in distracting conduct, and it is not unfair to hold the sender responsible for the distraction."
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