Texting While Driving: Why Are We Blaming the Senders?

Does texting someone you know is driving make you “electronically present” at the scene of an accident? It might, at least in New Jersey.

A court there ruled last week:

We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.

It was probably only a matter of time before judges agreed with this kind of litigious logic, the idea is that the person on the other end of the text is knowingly creating a distraction by sending a text. As if the driver couldn’t make the responsible choice to turn off or ignore his phone if he finds it  impossible to check their notifications behind the wheel.

Should we start suing passengers too? I know I occasionally find passengers distracting when they bring up difficult subjects or comment on passing scenery while I’m driving.

The ruling, and use of the phrase “electronically present” to entangle someone not physically involved in the accident at the root of the case, seems particularly ironic at a time when many of us are feeling increasingly concerned about digital alienation. The viral video “I Forgot My Phone” depicts reality for most of us: being physically present with friends who are constantly on their smartphones.

Smartphone abuse is a real problem, causing us to miss beautiful sunsets, quiet moments of intimacy, and red lights. It seems the courts might start cracking down on people who can’t disconnect from technology long enough to drive safely, while meanwhile at social events like weddings, brides and grooms are imposing leave-your-phone-at-the-door policies to try to force their guests to focus on their physical surroundings.

I like my phone (almost) as much as the next person, and I dislike people telling me how to use it even more than the next person, but these both seem like flawed reactions to those of us who need Smartphones Anonymous.

So stop abusing your smartphones, people, before it’s too late for the rest of us.