Perusing various sources of information reveals some interestingdevelopments that can raise questions about insurance coverage. Forexample, the New Jersey Appeals Court decided that sendinga text to someone you know is driving—andwho will read it at the same time— can lead to legal responsibilityfor the sender if the driver has an accident.

The judge in that case said, “when a texter knows or has specialreason to know that the intended recipient is driving and is likelyto read the text message while driving, the texter has a duty tousers of the public roads to refrain from sending the driver a textat that time.”

The court also noted that if the sender of the text doesthis, then the sender “has taken a foreseeable risk in sendingthe text, has knowingly engaged in distracting conduct, and it isnot unfair to hold the sender responsible for the distraction.”

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