Great Hang Up: Should a passenger be liable when a driver texts?

9:18 AM, Sep 5, 2012   |    comments
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Great Hang Up: Should a passenger be responsible for stopping a driver from texting? A New Jersey civil case explored that issue recently when a texting driver injured two people and the passenger faced civil charges that were later dropped.

Right now the California Highway Patrol says California has no law in place requiring passengers to prevent drivers from texting.

Officer Adrian Quintero says " At this point it is not illegal, however if the passenger grabs or takes control of the wheel and they cause a collision then they would be found at fault."

The CHP does advocate creating a "distraction free" zone for the driver for safety.

Legal analyst Bill Portanova says he wouldn't be surprised if civil cases like that show up in this state with California's torte laws. Portanova says if you follow DUI cases in which a person could possibly be punished for not taking away the keys, then you could assume the texting business to follow the same path.

Let us know what you think

Nancy Lassner posted on our News10 facebook page : The passenger could be the one who takes the phone and answers calls and responses to text messages..."



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