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Texter Not Responsible for Distracted Driving Accident

Published June 21, 2012 by Scott Gottlieb, Injury Law Attorney

In May we reported on the pending 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 held the teen driver of the vehicle that hit them liable for their motorcycle accident, but also claimed the driver’s girlfriend, who sent him a text message just seconds before the crash, was also responsible.

However, 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.” According to, Judge David Rand noted that drivers are bombarded with all forms of distractions, and it is the driver’s responsibility to manage them safely.

While not minimizing distracted driving, Rand said, “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.” he said.

Drivers of all ages face distractions while driving, however, it is important that parents and adults continue to educate our young drivers of the dangers of texting and cellphone use while driving.

If you have been injured in motor vehicle crash caused by a distracted driver you should seek legal help right away. An experienced Binghamton car accident attorney can you file a claim and, especially, to fight the insurance company.

Contact a Personal Injury Attorney Today

Scott C. Gottlieb, Injury Law Attorney, is a Binghamton accident and injury law firm that handles all types of personal injury and motor vehicle accident cases, including cases involving drunk-driving accidents, 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.

For more information, call (800) Talk-Law or use the firm’s online contact form.

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