Texting and driving has been proven to be dangerous, as was shown recently in Mason City when a texting teen struck a pedestrian. In that case, a local teen was using her phone to send a text message and apparently did not see a person crossing the street, causing an accident and sending the victim to the hospital with serious injuries.
According to the Iowa Department of Transportation, drivers who engage in texting spend about 400 percent more time taking their eyes off the road and are 70 percent less likely to stay in their lane.
As more proof is uncovered regarding the dangerous practice of texting while driving, courts are taking a new look at the use of hand-held devices and going after not just the person who is behind the wheel.
A New Jersey court has ruled this week that the actual act of sending a text to a person that you know is driving a vehicle could be a major liability for the person sending the text.
In a case in that state where two persons on a motorcycle were struck by a car with two teens inside who were sending and receiving text messages, the court ruled that the text sender could be held responsible for a distraction and hold him or her liable for any accident that takes place while the driver is checking the phone. In that case, the two adult victims lost their legs and sued.
CNN reported Thursday that the court ruled that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.
Iowa banned texting while driving in 2010. According to the Des Moines Register, people with intermediate licenses – typically teens – are prohibited from talking on any hand-held device. The Register also reported that adults can’t be pulled over for a texting violation unless police also suspected them of breaking another law. Police can, however, stop a young driver seen using a cell phone.
There is no law nor precedent in Iowa currently covering the sending of a message or making a phone call to a person known to be operating a vehicle.
How can you possibly charge someone for texting while someone else is driving? How could you know that they were driving? What the hell ever happened to personal responsibility? Just another unenforceable law.
While the idea sounds good, why is the senders fault for sending a text, it should be the receivers fault for answering while driving. Anyway, all the sender has to say is, I didn’t know. No driver, regardless of age, should talk or text while driving. You can’t drive across town without seeing drivers talking on the phone. What is so important that you can’t take a minute and pull over, or into a parking lot and answer the call. Talking/texting while driving should be illegal for everyone!!!