Girlfriend sued for texting driver

Discussion in 'Politics, Religion, Social Issues' started by quagmire, May 23, 2012.

  1. quagmire macrumors 603

    quagmire

    Joined:
    Apr 19, 2004
    #1
    So the boyfriend crashes into a couple on a motorcycle because he received a text from his girlfriend and went to reply while driving. So the couple is suing the girlfriend for sending that text. This is ridiculous..... The GF communicated with her BF in the safest way possible via text that he could then respond when he was safely able to. Not her fault the BF was an idiot who tried to respond when driving......

    http://cnn.com/video/data/2.0/video...-weinstein-lawsuit-for-sending-texts.cnn.html


    Our legal system needs fixing.....
     
  2. imahawki macrumors 6502a

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    Apr 26, 2011
    #2
    Anyone can sue anyone for anything. That in itself is a problem, but this is only a BIG problem if they win... which they won't.
     
  3. leekohler macrumors G5

    leekohler

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    #3
    They're going to spend a lot of money losing.
     
  4. Thomas Veil macrumors 68020

    Thomas Veil

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    #4
    According to the story, she knew her boyfriend was driving. If she didn't cut off the text conversation when she found out, I guess she could be considered partially responsible. But really, the boy could've left the damn cell phone alone, and he chose not to. Guess who carries the brunt of the blame?
     
  5. NewbieCanada macrumors 68030

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    #5
    Unfortunately she's going to spend a lot of money and time defending herself against this nonsense.
     
  6. maril1111 macrumors 68000

    maril1111

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    #6
    What a bunch of pricks i feel sorry for the girlfriend, hopefully she wins.
     
  7. hulugu macrumors 68000

    hulugu

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    #7
    The dude driving the car who failed to control his vehicle. To do otherwise would create liability for anyone who sends a text, email, or other message to someone while driving.

    A logical extension of this would make Apple responsible for sending push messages to someone's iPhone while they're driving.

    People need to learn to put the phone down or pull over.
     
  8. quagmire thread starter macrumors 603

    quagmire

    Joined:
    Apr 19, 2004
    #8
    That is why I said safest way possible..... A text doesn't need an immediate reply. It is 100% on the BF. He decided to respond.

    What if the GF was in the car? Could I sue her because she was having a conversation with the BF and thus distracted him? What if he was listening to a song on the radio and he was drumming away because he loved it? Could I sue the radio station for distracting him? I can probably come up with a lot of ways to put blame on someone else so I could sue them.....
     
  9. CorvusCamenarum macrumors 65816

    CorvusCamenarum

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    #9
    No mention of this in the video, but are they not suing the idiot who thought playing with his phone while driving was a good idea?

    When driving, put phone down. It's not that hard, I promise.
     
  10. CalBoy macrumors 604

    CalBoy

    Joined:
    May 21, 2007
    #10
    It's not really a problem. The case against the girlfriend is most likely going to be kicked at the preliminary hearing, barring the existence of some non-public facts.

    There's no other way to let cases come forward and be plead without being too under or over inclusive.
     
  11. imahawki macrumors 6502a

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    #11
    I don't fully agree. The problem is unless the girlfriend is very risk tolerant, she probably had to retain a lawyer. So this stupid lawsuit results in a major cost to her. I can tell you that regardless of how baseless the claim, if I were sued, I would hire a lawyer immediately. I have too much at stake.
     
  12. MadeTheSwitch macrumors 6502a

    MadeTheSwitch

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    Apr 20, 2009
    #12
    I guess I would need to see the transcript of the entire text message conversation before I could make a totally informed opinion here. But my initial opinion is that a person texting someone would have no way of knowing the status of the vehicle at any point unless they were actively discussing that the car was in motion. Just because you are texting to someone in a car does not mean the car is moving. They could be pulled over at the side of the road, or parked in a parking lot or driveway, or waiting for their food in a fast food drive-thru....lots of possibilites.

    Now if the conversation entailed phrases such as "we probably shouldn't be texting each other right now", then there's a possibility of liability opened up. But I still put the fault onto the driver. It's the driver's responsibility to ensure that the vehicle is being driven in a safe manner at all times and that they are obeying traffic laws.
     
  13. CalBoy macrumors 604

    CalBoy

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    #13
    As you should, but if the claim is completely baseless in law, most likely the jurisdiction has a penalty rule for the filing attorney that will reimburse her the cost of defending a baseless claim.

    However, I very much doubt there is no basis in law for her to be brought in as a codefendant. We don't know what's really being alleged because we don't have access to the pleadings.
     
  14. Mac'nCheese macrumors 68030

    Mac'nCheese

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    #14
    That's why I have an umbrella policy. Covered for any kind of wacky lawsuit that if I lose, without the policy, my home is gone. My wife is a teacher and has professional insurance because there has been cases of students suing teachers for not teaching them well enough!!!
     
  15. quagmire thread starter macrumors 603

    quagmire

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    Apr 19, 2004
    #15
    There is still zero liability as the BF doesn't have to respond to the text. Unless the GF kept on going, " Why aren't you replying!?!! I know you're driving, but that doesn't mean you can't reply back!!!" would I find any fault with the GF.

    ----------

    Well does she? ;) :p
     
  16. iJohnHenry macrumors P6

    iJohnHenry

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    #16
    How? People lie, even boyfriends. Unless she was in the back seat. ;)

    You might just as well as sue a comic on SIRIUS for making him laugh, and lose control.
     
  17. Thomas Veil macrumors 68020

    Thomas Veil

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    #17
    How much you wanna bet the couple's lawyer has asked the court for a transcript of the texts? They'd be fishing, but who knows? He might've sent something like IM NEAR YOUR STREET (as people sometimes do) and if she acknowledged the message, she knew.

    Unless he normally visits her by walking. :D

    Anyway, hulugu's right, and I was wrong earlier. Though the girl provided the incentive, ultimately it's the boyfriend's responsibility.
     
  18. Rodimus Prime macrumors G4

    Rodimus Prime

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    Oct 9, 2006
    #18
    Come on the BF was a dumb ass. When driving and you get a text message do not look at your phone. Wait until you get to a stop light. Easy to deal with it from a dead stop. Worse case is you get honk at for not paying attention to the light.


    The reform needs to be that on a case like this the plaintiff should pay 100% + some for the trouble and time wasted by the defendant dealing with the case.

    We need massive tort reform to deal with crap cases like this.

    This is even more pathic than when a friends of mine parents got sued by the guy my friend hit for "negligent in letting him drive" My friend was 19 years old, 300 miles from home in college and oh yeah had a SPOTLESS driving record. Still the guy tried to sue.
     
  19. ucfgrad93 macrumors P6

    ucfgrad93

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    Colorado
    #19
    According to USA Today, the judge has dismissed the girlfriend from the lawsuit. Kudos to the judge.

    http://www.usatoday.com/news/nation/story/2012-05-25/texting-driving-crash-ruling-nj/55206168/1
     
  20. Rodimus Prime macrumors G4

    Rodimus Prime

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    Oct 9, 2006
    #20
    The judge should of added an order to pay the girl any legal fees + I say 30% for the trouble because it was a crap case to begin with.

    Maybe some of the other reform should come at going after lawyers who file those cases as well. Image how quickly things would turn if the lawyers started getting busted as well for even filing those cases.
     
  21. Reach9 macrumors 68020

    Reach9

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    In America
    #21
    This was expected.

    It's common sense, the guy was in the wrong for checking the text. lol, the guy should've manned up and took responsibility, what a loser.

    Therefore OP, seems like our legal system is working just fine.

    Well i guess now we can say

    /thread
     
  22. Rodimus Prime macrumors G4

    Rodimus Prime

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    Oct 9, 2006
    #22
    I would disagree if it end up costing the girl a single penny which it seem it did. She had to hire and retrain a lawyer. Something that she NEVER should of had to of done for a crap case like this. Hence the reason the people suing her should pay 100% of her legal cost and then 10-30% on top of that for her time and stress in dealing with it.
     
  23. ucfgrad93 macrumors P6

    ucfgrad93

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    Colorado
    #23
    Perhaps you should have read the article I linked a little closer.

    While there is no doubt that Best was at fault, he did man up by actually stopping and trying to render aid. In addition, he plead guilty to the charges.
     
  24. Reach9 macrumors 68020

    Reach9

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    #24
    Agreed, the woman deserves to get any money spent, back. That's ridiculous.

    I meant that he should've manned up initially so that the girlfriend wouldn't get sued.
     
  25. ucfgrad93 macrumors P6

    ucfgrad93

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    Colorado
    #25
    What more could he have done to man up and take responsibility? He is not responsible for the victims adding his girlfriend to the lawsuit. The victims are just trying to increase any potential monetary award from their lawsuit.
     

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