by Peter Rakobowchuk, The Canadian Press

 

An insurance and legal expert says texters could be held liable for any damages if they message someone they know is driving and that person has an accident.

“There’s an increasing public safety issue of operators of vehicles who are distracted while driving,” lawyer Jordan Solway said in a recent interview.

“And if you contribute in the same way as if you’re in the vehicle, and you interfere with their driving of the vehicle, you could be held responsible for that injured third party.”

Solway, vice-president of claim at Travelers Canada, pointed to a New Jersey court ruling from 2013 that said the sender of a text who causes a driver to become distracted and have an accident may be held liable.

The case involved an 18-year-old driver’s girlfriend who texted him about 25 seconds before his pickup truck crossed a median and seriously injured a motorcyclist and his wife. Both bikers lost their left legs as a result of the 2009 accident.

Solway said there have been no similar cases in Canada yet, but he believes it’s just a matter of time.

He compares it to what happens when a bar owner or the host of a party has to take responsibility for someone who is drinking, becomes intoxicated and gets into a vehicle.

 

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