News & Analysis as of

Can sending a text message make you liable for a car accident?

In recent years, one of the most publicized societal issues has been the dangers of distracted driving. In particular, state governments have been passing laws banning certain types of cell phone use while driving. As a...more

South Carolina Legislative Update

In the final regular week of work for the 120th legislative session, the General Assembly set to work through a statewide ban on texting while driving and ethic reforms – in addition to agreeing to a $24 billion budget for...more

South Carolina Legislative Update

Rare SC Budget deal in the works H. 4701 - While S.C. lawmakers are working on a budget compromise that includes little new money for the state’s crumbling roads next year, state senators are debating a plan to spend...more

Weekly Update from the SC State House - May 2014: The House addressed the Ethics Reform bill while the Senate worked through the...

Details from Each Chamber: HOUSE - The House worked through the Calendar this week, giving third readings to many noncontroversial bills. On Wednesday, the House adjourned debate on all bills on their calendar...more

Utah Unemployment Law Update - Part 2

In this Issue: - Mobile Phone / Driving Laws - Unemployment Benefits - Facts - Procedural History - The Law - Court of Appeals Decision - Takeaway - Wrongful Termination - Religious...more

South Carolina Legislative Update

Narrow medical marijuana approval possible in SC, H. 4803/S. 1035 - While a broad medical marijuana bill withered and died in the state legislature this session, bills allowing a more specific use of a medical...more

Texting While Driving — A Dangerous Combination

In a video caught by a Fort Myers police dashboard camera, a car is seen swerving, veering over the divider lane, travelling at unsteady slow to quicker speeds, unnecessarily applying the brakes, running over the curb, and...more

Car Accidents Caused by Texting & Driving

Distracted driving is the act of driving while performing some other activity that takes your attention away from driving. As you would expect, distracted driving increases the chances of a motor vehicle accident in San...more

You Didn’t Know Texting While Driving Was Illegal? Georgia Laws Are Rarely Enforced

Texting while driving is dangerous. But did you also know it is illegal in Georgia? ...more

Laws To Prevent Cellphone Use And Texting While Driving

Distracted driving causes 10 percent of all auto accidents involving an injury. Two causes of distracted driving are cellphone or smartphone use and texting while driving....more

Do Not Text A Driver In New Jersey

If you text and drive, do not — it is against the law. If you text someone you know is driving, do not — you just may be held responsible if an accident occurs because the driver is distracted by your text. ...more

New Jersey Court Sends A Message To Texters

A lot is being said these days about the dangers of distracted driving but a New Jersey appeals court recently said something no one in the country has ever said before: that someone who sends a text message to a driver can...more

Texting and Driving Still Dangerous, Now Also Illegal in Florida

As of October 1, 2013 it became illegal to text while driving in the State of Florida. Florida’s new texting ban is in effect with a $30 fine for a first offense and $60 for a repeat offender. ...more

Put The Phone Down: New Jersey’s Clear Message to Drivers

Smart phones. They make us more efficient, but not always smarter. Indeed, these devices have relegated the roadside payphone to the ranks of museum artifact…but at what cost?...more

Florida School Bus Driver Caught on Video Texting While Driving

A Hillsborough County eighth grader decided to video her bus ride, hoping to catch the bus driver cursing. Instead she captured video showing the female bus driver texting while driving and the school bus veering from its...more

Florida Bans Texting While Driving

You may be wondering why an article about the new Florida statute banning texting while driving is being featured on a banking law blog. Admittedly, texting does not have much to do with banking, but the new law should be of...more

N.J. Court Rules: Texters Can Be Found Liable For Texting And Driving From Their Living Room—The Implications For E-discovery

Locals were stunned when a New Jersey Appeals 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...more

Texters, Beware: New Jersey Court Opens Door to Liability of Senders of Text Messages

If a driver who was distracted by viewing or responding to a text message causes an accident, could the individual who sent the text be liable to a third party who was damaged by the accident?...more

BEWARE – Texting Someone You Know is Driving a Car May Make You Guilty of a Crime.

A recent decision issued by the Superior Court, Appellate Division, Kubert v. Best, has garnered a fair degree of attention because of its clear impact on civil automobile accident litigation....more

Litigation Outlook: Sender Beware: Texting a Driver May Impose Liability on the Sender

Last year, we wrote about the corporation’s responsibility to put a stop to the employee’s dangerous and potentially fatal habit of texting while driving. Several developments have occurred in this quickly changing area of...more

Liability In NJ Texting-While-Driving Claims Stops With The Driver

Many accidents involve only two parties — a driver whose negligence caused the accident and an individual who suffered injuries because of the negligence. However, many accidents may involve liability on the part of multiple...more

Texting Accidents In New Jersey: Who Is Responsible?

A New Jersey accident involving a pickup truck and two motorcyclists helped establish an important rule on liability when phone texting is the cause of the mishap. ...more

Oklahoma Legislature Refuses To Pass Ban On Text Messaging While Driving

Only novice drivers with learner’s permits, intermediate license holders, school bus drivers and public transit drivers are banned from text messaging while driving in the state of Oklahoma....more

Law Allowing Police To Confirm Texting While Driving In Alabama?

A bill recently introduced in another state is being considered in Alabama also. The proposed legislation would allow police to take cellphones from the parties involved in accidents to check and verify if the person was...more

Employers Should Prohibit Texting While Driving: U.S. OSHA

Distracted driving, and in particular texting while driving, are important occupational safety issues, and employers need to act, the U.S. Occupational Safety and Health Administration says in a new brochure called...more

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