https://boards.hellobee.com/ Pregnancy, Baby and Parenting blog, by Hellobee en Mon, 27 Apr 2026 19:07:18 +0000 https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1049213 Wed, 28 Aug 2013 10:35:41 +0000 kjpugs 1049213@https://boards.hellobee.com/ <p>I say no. It's the driver's responsibility to have their phone safely stored and not distracting them. If I know someone is driving I may text them so when they are stopped they can safely reply by call or text. You should not be responsible for their distraction. That's like saying if a woman with a revealing outfit walked next to a car and distracted the male driver who caused an accident, that it is her fault. No way! </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1049154 Wed, 28 Aug 2013 10:24:10 +0000 heffalump 1049154@https://boards.hellobee.com/ <p>No. I know DH is driving all the time and I still text him. He knows how I feel about looking at the phone while driving and I fully expect him to wait until he gets there before looking. If he answered me quicker then I think he should I'm pissed. But if I don't text that second..... I might forget or I might not have time later, so I like to get it done with. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048926 Wed, 28 Aug 2013 09:32:17 +0000 Mrsbells 1048926@https://boards.hellobee.com/ <p>@Sunshine1810: Yeah I think the law is only for situations where you actually do KNOW that the person is driving. So for instance if the person texts back and says I'm driving and then you keep texting, thats when you are liable </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048863 Wed, 28 Aug 2013 09:18:21 +0000 Sunshine1810 1048863@https://boards.hellobee.com/ <p>I think it would be ridiculous to hold the non-driving texter liable. I have no way of knowing that someone I am texting is driving unless they tell me. I have had friends text that back to me before, and I won't text them after that because I don't want them taking that risk. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048845 Wed, 28 Aug 2013 09:14:45 +0000 Mrsbells 1048845@https://boards.hellobee.com/ <p>@pui: I don't know all the details of the law, but I believe the general idea is for the bartenders to stop serving people that seem they have had too much to drink. They are not expecting the bartenders to know everything and know exactly how many drinks gets each person inebriated but just to use good judgement. Most bartenders already do this and cut people off if they seem to not be handling their alcohol well </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048841 Wed, 28 Aug 2013 09:13:35 +0000 LindsayInNY 1048841@https://boards.hellobee.com/ <p>@MsLipGloss: Haha, I hear ya!! There's the "general" rule and all million exceptions that go with it ;) TBH, I find dram shop kinda fascinating! </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048834 Wed, 28 Aug 2013 09:11:27 +0000 MsLipGloss 1048834@https://boards.hellobee.com/ <p>@LindsayInNY: lol, gotcha! . . . it's so hard to get out of the zone once I get in! &gt;.&lt; </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048825 Wed, 28 Aug 2013 09:09:53 +0000 LindsayInNY 1048825@https://boards.hellobee.com/ <p>@MsLipGloss: Oh no, I agree. Was just trying to keep the legal-speak general :) </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048788 Wed, 28 Aug 2013 08:58:22 +0000 MsLipGloss 1048788@https://boards.hellobee.com/ <p>@LindsayInNY: There are situations that can create liability for bartenders (they can do things that take their actions outside of the scope of vicarious liability for the employer, as well as they can also do *freelance* work events that are not part and parcel of any regular job they may have). I digress . . . </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048774 Wed, 28 Aug 2013 08:55:47 +0000 MsLipGloss 1048774@https://boards.hellobee.com/ <p>@Mrs. Lemon-Lime: Some policies can expressly exclude coverage for these events (can be determined to be in intentional act, etc.) . . . it can get pretty tricky (and I bet at a minimum the insurer would issue a reservation of rights/file a dec action if they were considering disputing coverage. </p> <p>Oh, and :heart: </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048762 Wed, 28 Aug 2013 08:54:25 +0000 LindsayInNY 1048762@https://boards.hellobee.com/ <p>@MsLipGloss: Well, yes and no. If a bartender is sued individually, his/her employer's insurance company defends the bar as well as the bartender, since the events were in the course of his employment. We only defend typical dram shop cases - not social host related ones. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048753 Wed, 28 Aug 2013 08:51:46 +0000 Mrs. Lemon-Lime 1048753@https://boards.hellobee.com/ <p>@MsLipGloss: My wheelhouse... there's insurance to cover those exposures. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048733 Wed, 28 Aug 2013 08:48:24 +0000 MsLipGloss 1048733@https://boards.hellobee.com/ <p>@LindsayInNY: A bartender can be personally liable . . . Although it is rarely enforced, liquor liability exposure is not just limited to establishments whose primary business is the sale of alcoholic beverages. Approximately 35 states currently have social host statutes or common law that holds private event hosts liable for the actions of their guests. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048724 Wed, 28 Aug 2013 08:46:20 +0000 ALV91711 1048724@https://boards.hellobee.com/ <p>I don't think the sender should be liable for the driver reading/replying to texts. People should know to put the phone away when you drive. </p> <p>@pui: whether someone is served at a bar or leaves another persons house and drunk drives, where they leave from is responsible for makin sure they aren't driving drunk. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048670 Wed, 28 Aug 2013 08:31:50 +0000 LindsayInNY 1048670@https://boards.hellobee.com/ <p>I think this is a MAJOR slippery slope. I don't think that decision it going to hold up. It's just so vague. The ruling is simply: "a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.”</p> <p>How do you prove that the original texter knew the person was driving? What constitutes special reason? When I text someone, I assume they will not respond/read it if they are driving. Now, if they do and indicate they are driving and I continue to text, that's another story. But this law seems to apply across the board and not just in those situations. I do not like it one bit.</p> <p>@pui: The bartender personally isn't liable but the bar itself may be. There are laws in the US finding alcohol serving establishments liable when they sell alcohol to visibly intoxicated people who then injure or kill innocent third-parties. (Can you tell I handle this stuff? LOL) </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048614 Wed, 28 Aug 2013 08:16:21 +0000 MsLipGloss 1048614@https://boards.hellobee.com/ <p>Although I definitely think this is overreaching, I see this as a(n) (somewhat desperate and ambitious) attempt to minimize needless accidents/injuries/deaths that have resulted from texting. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048601 Wed, 28 Aug 2013 08:11:05 +0000 Mrs. Lemon-Lime 1048601@https://boards.hellobee.com/ <p>@MamaMoose: same. I don't text my husband when he leaves for work. I send him a text to find out if he's coming home on time or later at the close of his day hoping he is still in the office. </p> <p>I have no clue where my brother is or what he is doing when we text and we only communicate via text. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048593 Wed, 28 Aug 2013 08:07:11 +0000 MsLipGloss 1048593@https://boards.hellobee.com/ <p>@pui: Yes it does to the extent that alcohol impairs/ dulls many abilities/senses, and the ability to safely operate a vehicle is one of those. That being said, I am not going to argue with you about what the law is/requires. It is what it is, good, bad or indifferent. Whether you choose to accept that is up to you. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048560 Wed, 28 Aug 2013 07:59:09 +0000 Adira 1048560@https://boards.hellobee.com/ <p>That's crazy! But it also makes me thankful I don't even have a texting plan - this won't ever be a problem for me since I don't send texts! </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048543 Wed, 28 Aug 2013 07:56:18 +0000 pui 1048543@https://boards.hellobee.com/ <p>@Mrsbells: So if I have 2 drinks at a bar, drive and get in to an accident because I am a lightweight, the bartender can be liable?</p> <p>How was he supposed to know 2 drinks got me that drunk? How was he supposed to know I even was driving home?</p> <p>Likewise, how can someone texting know you are driving? </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048541 Wed, 28 Aug 2013 07:55:49 +0000 Ash 1048541@https://boards.hellobee.com/ <p>This just seems silly to me... People need to take responsibility for their own actions and quit blaming others. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048536 Wed, 28 Aug 2013 07:54:57 +0000 loveisstrange 1048536@https://boards.hellobee.com/ <p>Thats nuts. It's the person physically texting while driving who is liable, not the person on the other end. How are you supposed to know someone is driving while you are texting anyway? </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048530 Wed, 28 Aug 2013 07:52:14 +0000 pui 1048530@https://boards.hellobee.com/ <p>@MsLipGloss: Then they were likely unfit to drive 2 drinks ago if they're that drunk. That still doesn't have anything to do with determining driving ability. Also the bartender can cut you off, he can't hold you there against your will. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048522 Wed, 28 Aug 2013 07:48:22 +0000 Mrsbells 1048522@https://boards.hellobee.com/ <p>The article says "a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.”</p> <p>So in that case if you do know the person is texting you whilst driving and you keep texting them back then yes there should be some form of liability.</p> <p>@pui: A bartender in certain states IS liable if they keep serving drinks and the person gets into an accident. I know Illinois is one of those states that has a "dram shop act" that holds bartenders and liquor stores liable </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048521 Wed, 28 Aug 2013 07:48:17 +0000 MamaMoose 1048521@https://boards.hellobee.com/ <p>I agree that in most cases there is no way the sender could know. But I will say, I won't text my husband when I know he's driving home from work because I don't want it to distract him. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048520 Wed, 28 Aug 2013 07:47:48 +0000 MsLipGloss 1048520@https://boards.hellobee.com/ <p>@pui: It varies by state, but in many (many!) states, it is illegal for a server/bartender to serve someone who appears visibly intoxicated alcohol. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048518 Wed, 28 Aug 2013 07:45:56 +0000 BSB 1048518@https://boards.hellobee.com/ <p>In the article, it says the NJ courts said the sender is not liable but that if you know the receiver is driving, you should refrain from texting them. I don't know if you can create a law but it might be good advice. I know some people who can't stand pop up notifications on their phone and has to clear them when it comes in. In this case, I have contemplated not sending them a text.</p> <p>Also, what about people who use hands free texting software? My car has the ability to receive texts so that I can read without taking my hands off the wheel. It doesn't work for my phone so I don't know how distracting (or useful) it is. But I think there are exceptions to the rule and some users can talk-to-text safely. </p> <p>I think there was an app called Drive Safely that would automatically send texts saying that you are driving and you would get back to them when you got to your destination. I looked into it a while ago but I'm not sure if they successfully launched it or not. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048513 Wed, 28 Aug 2013 07:42:22 +0000 pui 1048513@https://boards.hellobee.com/ <p>@looch: Yes I'd hope so too, and I think most would, but he's still not responsible for keeping track of when you are fit to drive. If he was there would be breathalyzer tests before you could leave a bar. It is up to the customer to be responsible with his driving. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048492 Wed, 28 Aug 2013 07:35:11 +0000 MrsTiz 1048492@https://boards.hellobee.com/ <p>That is crazy. How am I supposed to know you are driving? And just because I text you doesn't mean you have to immediately respond. </p> https://boards.hellobee.com/topic/if-you-text-someone-driving-you-may-be-liable#post-1048485 Wed, 28 Aug 2013 07:32:08 +0000 sorrycharlie 1048485@https://boards.hellobee.com/ <p>I think that's ridiculous! </p>