HOWLAND, HESS, GUINAN, TORPEY, CASSIDY, O'CONNELL & BIRNBAUM, LLP
215-947-6240
  • Home
  • Practice Areas
    • Business & Corporate Law
    • Commercial Litigation
    • Construction Law & Litigation
    • Criminal Defense >
      • License Suspension
      • D.U.I. >
        • General Information
        • Blood Alcohol Content
        • Little Known Facts
        • Penalties
    • Elder Law
    • Estate Administration, Litigation & Will Contests
    • Family Law >
      • Custody and Visitation
      • Child Support
      • Spousal Support/Alimony
      • Divorce and Equitable Distribution
    • Personal Injury
    • Real Estate, Zoning & Land Use
    • Wills & Trusts, Estate & Tax Planning
    • Worker's Compensation
  • About Our Firm
  • Our Attorneys
    • David W. Birnbaum
    • Michael W. Cassidy
    • Thomas M. Guinan
    • Bruce D. Hess
    • John R. Howland
    • Dennis R. Meakim
    • George P. O'Connell
    • Richard I. Torpey
    • Remembering Robert G. Hess
    • Our Personnel
  • Client Resources
    • Blog
    • News & Events
  • Contact Us

Can a NON-DRIVING Text Sender be Liable for Text Recipient’s Car Accident?

4/29/2016

0 Comments

 
Picture
It seems to stretch previously conceived limits of legal liability, but a recent case out of Lawrence County, PA, suggests that even if you’re not the driver of a vehicle involved in an accident, you can possibly be civilly liable for that accident when you send a text message and the recipient of your text reads and responds while driving. Notably, you don’t even have to be in the car which is involved in the accident!


​The case, Gallatin v. Gargiulo, is noted for allowing claims of negligence and wrongful-death to proceed against two individuals who were texting a driver who was involved in an eventual fatal accident. It should be emphasized that the Court did not determine that these individuals are liable or that there is a cause of action for such activity, only that the Court has allowed the claims against them to proceed for a later determination.

You are likely wondering, as was I on first read, “How can this be?” How can a person who sends a text message from his couch in Philadelphia possibly be liable for an accident which occurs on I-76? Well, it’s not that cut-and-dry in terms of establishing liability on the part of the text sender. To potentially be deemed legally responsible, a text sender must know or have reason to know at the time of the accident that the person they are texting is driving and will view the text.

Is this an easy burden to satisfy? Absolutely not! It does, however, demonstrate just how far the law is potentially willing to go to combat texting-and-driving in Pennsylvania. It’s also another pocket which could be available to a victim of a texting-while-driving accident.

PRACTICAL
: It’s entirely too early to know the legal ramifications of the case referenced above. However, if the Court ultimately recognizes a cause of action against those who send text messages to a driver involved in an accident, that holding would certainly alter the legal landscape of civil motor vehicle lawsuits.

If you’ve been named in a lawsuit in which your only alleged misconduct was sending a text message to a third party, the attorneys at Howland Hess O’Connell are ready and able to defend you today. Call for a free consultation at (215)-947-6240, or contact us online.

Legal Disclaimer
: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Categories

    All
    About Howland Hess O'Connell
    About Us
    Accelerated Rehabilitative Disposition
    Act 33
    Age
    Anti-Texting Law
    Arbitration
    ARD
    Ban The Box
    Business
    Business Entity Sued
    Business Law
    Civil
    Color
    Contract Law
    Contractor Subcontractor
    Corporate Law
    Criminal Defense
    Criminal Law
    Criminal Records
    Drowsy Driving
    DUI
    DUI Checkpoint
    DUI Crackdown
    Education Law
    Elder Law
    Employee
    Employer
    Employment Discrimination
    Employment Law
    Environmental Protection
    Estate Planning
    Expungement
    First Time Offender
    Howland Hess O'Connell
    Identity Theft
    Ignition Interlock System
    License Suspension
    Local News
    Motor Vehicle
    Motor Vehicle Accident
    National Origin
    Neighbor Disputes
    Operation Orange Squeeze
    Penndot
    Pennsylvania DUI
    Power Of Attorney
    Property Law
    Race
    Real Estate Transaction
    Religion
    Sealing
    Sex
    Social Security
    Social Security Disability
    SSDI
    Traffic Violation
    Underage Drinking
    Underage DUI
    Workers' Compensation

    RSS Feed

The law office of Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP is located in Huntingdon Valley, Southeastern Pennsylvania, and serves clients in Bucks County, Chester County, Delaware County, Montgomery County and Philadelphia County, including the towns of: Abington, Ambler, Blue Bell, Cheltenham, Conshohocken, Doylestown, Elkins Park, Glenside, Hatboro, Hilltown, Horsham, Huntingdon Valley, Jenkintown, King of Prussia, Lansdale Springfield, Montgomeryville, New Britain, Norristown, Plymouth Meeting, Upper Dublin, Upper Moreland, Warminster, Warrington and Willow Grove.

The attorneys at Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP also serve clients throughout Southern New Jersey including Atlantic County, Burlington County, Camden County, Cape May County, Cumberland County, Gloucester County, and Salem County.

Practice Areas

Business & Corporate Law
Commercial Litigation
Construction Law & Litigation​
Criminal Defense
D.U.I.
Elder Law
Estate Administration, Litigation and Will Contests
Family Law
License Suspension
Personal Injury
Real Estate, Zoning & Land Use
Wills & Trusts, Estate & Tax Planning
Worker's Compensation

Sitemap

Home
Practice Areas
About Our Firm
Our Attorneys
Resources
News & Events
Contact Us

Contact Us

Contact us Today!

Connect with Us

Our Attorneys

David W. Birnbaum
Michael W. Cassidy
Thomas M. Guinan
Bruce D. Hess
John R. Howland
Dennis R. Meakim
George P. O'Connell
Richard I. Torpey
Remembering Robert G. Hess

Find Us - Directions

Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP.
2444 Huntingdon Pike
Bethayres, PA 19006

Phone: 215-947-6240
Fax: 215-947-6254

info@howlandhess.com
Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP. All rights reserved. Review our disclaimer.
Powered by Toodles Creative Media