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ARTICLE · 05 NOVEMBER 2013

Third Party Liability For Sending A Text

LeClairRyan
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I'm sure you've all seen the campaigns like "It Can Wait," as well as the common theme storyline on various television shows, where the teenager is involved in an accident because she was texting.

United StatesLitigation, Mediation & Arbitration
Thomas Regan
Thomas Regan

I'm sure you've all seen the campaigns like "It Can Wait," as well as the common theme storyline on various television shows, where the teenager is involved in an accident because she was texting. In real life, states have begun legislating specifically to combat the scourge of distracted driving due to texting. New Jersey's treatment of the problem has some teeth and is continuing to develop.

Initially, there is a moving violation component. It is illegal in New Jersey to use any device while driving unless it is both hands-free capable and is being used in a hands-free manner. Most new vehicles and new devices have applications that allow you to dial and some allow you to text handsfree with voice recognition software. Learn to use them. Violation of this statute carries a $100 fine. N.J.S. 39:4-97.3.

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