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If You Text Someone While They Are Driving You Could Be Liable – Umbrella Insurance Policy Needed?


There was a fairly troubling case in NJ through which one particular person was textual content messaging one other particular person who was driving a automotive. The particular person sending the textual content knew they had been driving however despatched the textual content anyway – the person receiving the textual content was taking a look at that textual content once they simply occurred to run over a pedestrian – whoops! There was a lawsuit and the particular person sending the textual content was thought of at the very least partly at fault and was ordered to pay damages – ouch. Now we’ve new case legislation on the books. However let me talk about this philosophically for a second if I’d.

What a couple of GPS sign which is transmitting to a tool in a automotive, the system is aware of the automotive is transferring, how briskly, and precisely the place it’s, so if somebody crashes their automotive whereas taking a look at that system is the satelliteiable – or the unreal clever software program? What in regards to the satellite tv for pc builder who constructed it for the aim of navigating or what in regards to the satellite tv for pc launching firm, the software program code author, what in regards to the automotive producer who places it into the automotive as a normal function? Do we actually should be suing everybody beneath the Solar, or satellite tv for pc?

The ramifications of such foolish lawsuits and dangerous case legislation is ever reaching for ever and ever – too many legal professionals, too many guidelines, too many legal guidelines to guard the subsequent Darwin Award Winners, I say. Any, now that I received your thoughts pondering let me ask one other query right here. If legal professionals are going to subpoena textual content messaging information for each accident sooner or later, then somebody has to maintain these information, and if they’re stored, then what about privateness. We simply received by an overblown mass media frenzy over the NSA subject of meta-data looking out of emails and cellphone information – so I assume for the reason that expertise exists for textual content messaging everybody has that too.

So, legislation enforcement can get it, legal professionals can get it, and you’ll be accountable for one thing that will not have been your fault, however how are you actually going to show you didn’t know the opposite particular person was working a prepare, airplane , or automotive on the time – you cannot. Nobody to today has been capable of show to a jury that they didn’t kick their canine. Do you see that time as nicely? Okay so, that’s your psychological pondering train for as we speak, please suppose on it.

Source by Lance Winslow

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