Is that driver responsible for my loved one’s death or is the person who sent the text message responsible?

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Testing while driving can easily lead to a serious traffic accidentIt is against the law for any driver to text and drive in Kentucky. Thus, if your loved one died in a Kentucky distracted driving accident because another driver was texting and driving, then it is possible that the driver who was texting and driving may be liable for your loved one’s death.

What About the Person Who Sent the Text?

Currently, Kentucky does not hold people who send text messages to drivers accountable for distracted driving accidents. Someone may send a text message, but that does not mean that the recipient must read it or respond to it right away. That is a decision that is made by the recipient.

However, other states are starting to find the senders of text messages potentially liable in court for damages caused by distracted driving accidents. For example, a New Jersey state appeals court has held that the sender of a text message could be held liable in a distracted driving crash if the sender knowingly sends a text to a driver. In other words, the sender must know that the recipient is driving at the time the text is sent and know, or have special reason to know, that the driver will open the text while driving and be distracted. In 2016, a Pennsylvania court allowed someone who sent a text to a driver to be sued for a distracted driving accident. This reasoning is not yet law in Kentucky, but does show how other states are handling this issue.

Talk to an Attorney If Your Spouse Has Been Killed in a Distracted Driving Accident

An experienced lawyer can make sure that all potentially liable parties are held accountable and that you and your family get the fair recovery that you deserve after a fatal texting and driving accident. To learn more about your rights and about how an attorney can help you, please contact us any time via this website or by calling 888-450-4456 to schedule a free consultation.