KYW’s Dave Madden Gets Rick DeMichele’s Thoughts on New Texting and Driving Decision in New Jersey
Yesterday the New Jersey Appellate Division released it’s decision in the Kubert vs. Best case. The case dealt with civil or tort liability of a sender of a text message to a driver of an automobile who became distracted by the text. The court found,
“… 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.”
The court went on to find that the sender of the text messages in this particular case was not liable for damages because the plaintiffs did not present sufficient evidence to prove that the sender of the text had such knowledge when she texted the driver immediately before the accident.
Today, our Rick DeMichele was interviewed by CBS Radio journalist David Madden. Rick, shared his thoughts on the potential impact of the the Kubert decision on New Jersey tort law and those who send texts to New Jersey drivers. The interview is currently airing and you can listen live to KYW News Radio 1060 am. For those that missed the interview on the radio they can read NJ Court Rules on Liability When Sending Texts to Drivers on the CBS website.
Below is an excerpt from the KYW story,
“It’s a stern warning to those who know that the person they’re texting may be distracted from driving,” notes Rick DeMichele, an attorney in Haddon Heights, NJ.
And that’s apparently the key here, according to DeMichele: knowledge that the receiver of the texts was driving a vehicle at the time.
Our regular readers will recall Rick was interviewed on the radio by Dave Madden in May of this year. At that time Rick discussed the impact of Delaware’s same sex marriage law on New Jersey residents. See DeMichele Gives Analysis of Same Sex Marriage to CBS Radio’s Dave Madden.
If you have questions regarding your injury or the injury suffered by a loved one contact us. The personal injury attorneys at DeMichele & DeMichele will thoroughly evaluate the potential claim, explain the litigation process in-depth and, vigorously labor to compile the physical and medical evidence necessary to meet New Jersey’s verbal threshold standard and establish a successful personal injury case.