We all know that texting and driving is a bad idea. You are also likely aware that use of a handheld cell-phone to either talk to someone or to text while you are operating the vehicle is against the law. Under our motor vehicle laws, it is illegal to use a cell phone that is not "hands-free" while driving, except in certain specifically described emergency situations. SeeN.J.S.A.39:4-97.3.
However, a recent opinion of the Superior Court of New Jersey, Appellate Division, has articulated that the sender of a text may have legal liability to an injured party if the driver of a motor vehicle reads the text and, as a result of the distraction, becomes involved in a motor vehicle accident.