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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

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Can You Be Liable for Texting Someone Who is Driving?

A May 4 decision from one of NY's appellate courts addresses whether one can be held liable for texting someone they know is driving - and gets into an accident

Category: Keyword Search: texting while driving

Jonathan Cooper
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This is just plain wrong.

Last Thursday, after overhearing her older sister talking about a lecture she had attended on the dangers of texting while driving, this 6 year-old neighbor of mine piped up: "Hey, my bus driver does the same thing!"

Not wanting to jump to any conclusions, my neighbors called around to other parents, who checked with their children. Every single one of them verified the story. Even worse, the driver apparently made a point of concealing his cell phone every time he approached bus stops where parents were present. 

These parents called the school, and were assured that the principal would speak to the bus driver. But the next day, one of these girls told her mother that the driver was at it again, texting while driving. Since the school apparently failed to correct the problem, this parent took it up a few notches, reporting the driver to New York City's Department of Transportation.

When the school found out, their initial reaction (which they later recanted) was quite telling: "But now the driver may lose his job!"

Last time I checked, a school's primary responsibility was its students' safety - not the well-being of its faculty or school bus drivers.

Category: Keyword Search: texting while driving