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New York Injury Law Blog

Judge Rules Person Sending Text Not Responsible for Accident

By Scott C. Gottlieb

In May we reported on the lawsuit brought by a couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting.  The couple claimed that both the teen driver of the vehicle that hit them and the driver’s girlfriend, who sent him a text message just seconds before the crash, were liable for their motorcycle accident

The judge in the case disagreed with the couple and ruled that the person sending the text to which the driver was responding “cannot be held liable.”  Judge David Rand said that drivers are bombarded with all forms of distractions, including billboards and GPS devices, and it is the driver’s responsibility to manage them safely, according to NJ.com

“We expect more of our drivers. We expect more of the people who are given the license and privilege to operate vehicles on our highways,” said Rand while pointing out that distractions are dangerous to drivers. 

Our accident attorneys encourage parents and adults to continue to educate our young drivers of the dangers of texting and cellphone use while driving. 

Our New York car accident attorneys know the devastating impact a distracted driving accident can have on a family.  If you have been hurt in a motor vehicle crash caused by a distracted driver you should seek legal help right away.  An experienced New York car accident attorney can help you file a claim and, especially, to fight the insurance company.

About The Law Offices of Scott C. Gottlieb & Associates, LLP

The Law Offices of Scott C. Gottlieb & Associates, LLP, handle all types of personal injury and motor vehicle accident cases, including cases involving cars, trucks, motorcycles, ATVs, snowmobiles and boats. The firm also represents clients in actions for wrongful death, cancer misdiagnosis, dog bites, hunting accidents, birth injuries, brain injuries, construction accidents, fall down injuries and insurance settlements.

The firm regularly employs accident reconstruction experts, investigators, photographers and economists to assist in evaluating and preparing personal injury cases. In 2012, the firm reached the $125-million mark in combined lifetime verdicts and settlements. (Please note that prior results do not guarantee a similar outcome.)

Scott C. Gottlieb & Associates features offices in Binghamton and Syracuse and accepts cases from Rochester, Elmira, Watertown and other communities throughout central and upstate New York. For more information, call (800) TALK-LAW or use the firm’s online contact form.

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