A New Jersey Court Finds Remote Texter Could Be Liable For Injuries To Third Party

In the opinion, the Appellate Court held  that 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.  The Court ultimately determined upheld the lower Court decision granting the remote texter summary judgment, holding that the Plaintiff did not present sufficient evidence to prove that the remote texter had knowledge when she sent the text that the recipient was driving.

Should third parties who are sending a text be held liable for injuries resulting from actions of the recipient if he/she reads and/or responds to a text when driving?  If so should the same apply to someone who initiates a phone call to someone they know or has special reason to know that person is driving?