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vinsue
Grand Old Fart



Registered: 02/17/04
Posts: 17,953
Loc: The Garden State(NJ)
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Senders of Texts to Drivers Can Be Held Liable...
#18769174 - 08/28/13 04:28 PM (10 years, 5 months ago) |
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A New Jersey appeals court ruled on Tuesday that a person could have a legal duty to avoid texting with someone who is driving.
Quote:
...Disagreeing with a lower court, a panel of judges found that when a motorist is texting while driving and causes an accident, the person who was exchanging messages with the driver can also be liable for negligence.
But the bar is high. The intermediate appellate court made clear that the sender would be liable only if the person had a “special reason” to know the driver was on the road and would read the messages...
... . . .
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"All mushrooms are edible; but some only once." Croatian proverb. BTW ... Have You Rated Ythans Mom Yet ?? ... ... HERE'S HOW ... (be nice) . ...
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zappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 7 years, 7 months
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: vinsue] 6
#18769181 - 08/28/13 04:30 PM (10 years, 5 months ago) |
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It's an insane ruling. Is no one responsible for their own behavior?
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FruitOfLife
Professional Package Handler


Registered: 05/21/12
Posts: 4,832
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: vinsue]
#18769183 - 08/28/13 04:30 PM (10 years, 5 months ago) |
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That is fucking retarded LOL. Just because you text someone doesnt mean you are making them look at that text while the are driving.
Any lawyer would have this ticket/case thrown out easily
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Edited by FruitOfLife (08/28/13 04:31 PM)
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Mush4Brains
LOOL HACKED!!!

Registered: 07/31/13
Posts: 4,419
Last seen: 9 years, 2 months
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: FruitOfLife]
#18769192 - 08/28/13 04:32 PM (10 years, 5 months ago) |
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I feel like if somebody tells you they're driving then it has at least some sort of basis, but it seems almost impossible to enforce . I'm sure it will be overturned at some point, so no point in even arguing it.
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zappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: Mush4Brains] 3
#18769219 - 08/28/13 04:39 PM (10 years, 5 months ago) |
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The only person at fault is the driver
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MadSeasonAbove
Reef Donkey


Registered: 09/29/03
Posts: 3,143
Loc: Florida
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: Mush4Brains]
#18769229 - 08/28/13 04:42 PM (10 years, 5 months ago) |
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I say sue the cell providers/manufacturers. There's got to be some way to have the phone recognize it's not stationary, and cut service
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VivaLaMushie
RIP LS :(



Registered: 07/23/12
Posts: 15,711
Loc: Switzerland
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: zappaisgod]
#18769230 - 08/28/13 04:42 PM (10 years, 5 months ago) |
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Yeah how am I supposed to know if the person I'm texting, is driving unless they tell me.
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Shroomslip
Architekt



Registered: 11/25/12
Posts: 23,651
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: vinsue] 2
#18769279 - 08/28/13 04:49 PM (10 years, 5 months ago) |
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Stupid, unbelievably so. It's the driver's responsibility to not pick up his/her phone. Period.
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With my face against the floor I can’t see who knocked me out of the way. I don’t want to get back up but I have to so it might as well be today. Nothing appeals to me no one feels like me, I’m too busy being calm to disappear. I’m in no shape to be alone contrary to the shit that you might hear. You can't wake up, this is not a dream. You're part of a machine, you are not a human being With your face all made up, living on a screen. Low on self esteem, so you run on gasoline
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zappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: VivaLaMushie]
#18769343 - 08/28/13 05:04 PM (10 years, 5 months ago) |
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Quote:
VivaLaMushie said: Yeah how am I supposed to know if the person I'm texting, is driving unless they tell me.
How do you know they're telling the truth?
I thought the whole appeal of texting was that it didn't require an immediate reply and didn't have to take place in real time. Then there is the issue that the driver can always pull over. This judge is a fucking retard.
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Mush4Brains
LOOL HACKED!!!

Registered: 07/31/13
Posts: 4,419
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: zappaisgod]
#18769349 - 08/28/13 05:05 PM (10 years, 5 months ago) |
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Quote:
zappaisgod said: This judge is a fucking retard.
It was a panel of judges.
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zappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 7 years, 7 months
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: Mush4Brains] 1
#18769369 - 08/28/13 05:09 PM (10 years, 5 months ago) |
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The ones who voted yes are retards.
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VivaLaMushie
RIP LS :(



Registered: 07/23/12
Posts: 15,711
Loc: Switzerland
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: zappaisgod]
#18769400 - 08/28/13 05:16 PM (10 years, 5 months ago) |
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Lol zappa.
Yeah, I'm against texting /talking on the phone while driving 100%,
I hate texting though, so I hardly ever touch my phone. I see it as pointless, necessary in emergencies and other people are just so obsessed with their phones and it drives me nuts.
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psi
TOAST N' JAM


Registered: 09/05/99
Posts: 31,456
Loc: 613
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: zappaisgod]
#18769412 - 08/28/13 05:19 PM (10 years, 5 months ago) |
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Yeah this ruling is pure nonsense. It was purely the driver's responsibility to operate the vehicle safely.
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zappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 7 years, 7 months
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: zappaisgod]
#18769439 - 08/28/13 05:26 PM (10 years, 5 months ago) |
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I didn't check the link until now but it said this
Quote:
In this case, the appeals court didn’t find the friend liable because there wasn’t enough proof that she knew her friend would look at her messages while driving and be distracted.
They say that it "might" come up if the texter has "special knowledge". Retards.
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Gumby
Fishnologist


Registered: 06/13/01
Posts: 26,656
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: zappaisgod]
#18769534 - 08/28/13 05:47 PM (10 years, 5 months ago) |
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Absolutely fucking retarded.
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BoldAsLove
Pokemon Master


Registered: 03/10/11
Posts: 2,549
Loc: Kanto Region
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: vinsue]
#18769584 - 08/28/13 05:57 PM (10 years, 5 months ago) |
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This is ridiculous! Since when is a driver's behavior and actions on the road the responsibility of anyone else? If a driver drinks and then drives, is it the fault of whoever sold him the liquor?
-------------------- DISCLAIMER: None of the ideas expressed above are actually mine. They are told to me by Luthor and Ferdinand , the five inch tall space aliens who live under my desk. In return for these ideas, I have given them permission to eat any dust bunnies they may find under there.
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vinsue
Grand Old Fart



Registered: 02/17/04
Posts: 17,953
Loc: The Garden State(NJ)
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: BoldAsLove]
#18769595 - 08/28/13 05:58 PM (10 years, 5 months ago) |
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Um, some times... . . .
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"All mushrooms are edible; but some only once." Croatian proverb. BTW ... Have You Rated Ythans Mom Yet ?? ... ... HERE'S HOW ... (be nice) . ...
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xbloodwhipx

Registered: 02/24/12
Posts: 12,791
Last seen: 4 years, 5 months
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: vinsue]
#18769604 - 08/28/13 06:00 PM (10 years, 5 months ago) |
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Imma be honest.
If this law was passed and i lived in new jersey, i would move immediately.
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zappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: xbloodwhipx]
#18769624 - 08/28/13 06:03 PM (10 years, 5 months ago) |
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It isn't a law. It's a tort.
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xbloodwhipx

Registered: 02/24/12
Posts: 12,791
Last seen: 4 years, 5 months
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Re: Senders of Texts to Drivers Can Be Held Liable... [Re: zappaisgod]
#18769639 - 08/28/13 06:05 PM (10 years, 5 months ago) |
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Quote:
zappaisgod said: It isn't a law. It's a tort.
K Imma be honest.
If this tort was passed and i lived in new jersey, i would move immediately.
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