Can a texter be liable for sending text and distracting driver?

The ABA Law Journal reports on an novel theory being tested in the New Jersey appellate courts:  Does sending a text to someone you know is driving create tort liability?    The plaintiffs were injured by a driver who was distracted by a text message.  In a twist, the plaintiffs sued both the driver and the sender of the text message.  The plaintiffs argued that “the court should impose a duty of care on those who know the recipient is both behind the wheel and likely to be reading texts while driving.”  In response, the defendant-texter has argued that she could not control when the message is read.   Let’s see what the New Jersey appellate court decides.

– SBS