The recent decision in Kubert v. Best and Colonna, 2013 WL 4512313 (Aug. 27, 2013), may provide a 21st century spin to Hamlet’s moral dilemma. Assuming Kubert stands, then it might be best to let one’s “Conscience … make Cowards of us all.” The alternative could be a liability lawsuit in which you may be responsible for an auto accident plaintiff’s injuries, despite the fact that you were hundreds of miles away from the scene. Before you send that next text message or email, you may want to give serious consideration to the potential ramifications, particularly the unintended liability that may be visited upon you.
Many of us read or, worse, write text messages or emails while behind the wheel, despite the fact that New Jersey’s distracted driving law bans such conduct. N.J.S.A. 39:4-97.3. Like most risks, texting involves a choice—to fiddle or not to fiddle with the phone. Those who cannot resist the temptation might face disastrous consequences, similar to the events in Kubert.
