My friend got in accident while texting... what can happen?

Asked over 1 year ago - Huntington Beach, CA

me and my friend hang out and he drop his car off my house and i drove him but when i drop him off at my house he used his car to go home and get into an accident... i know its sound stupid but am i at fault in anyway? when we hung out we didnt drink or anything, and what if he was texting me and get into the accident while texting me? i also didnt know that he was driving though

Attorney answers (11)

  1. Paul Y. Lee

    Contributor Level 18

    20

    Lawyers agree

    Answered . From your description, you are not at fault. I agree that your friend should be advised never to text while driving. You probably learned a valuable lesson too.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more
  2. Michael R Crosner

    Contributor Level 20

    17

    Lawyers agree

    Answered . It is not your fault - you were not the one driving. In the future tell your friends not to text or call while driving - it is against the law & very very dangerous.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  3. Minh Tri Nguyen

    Contributor Level 10

    14

    Lawyers agree

    Answered . You were not driving the car nor were you in the car distracting the driver and thus, you are not at fault for your friend's accident. Your friend's choice to text and drive was his and he alone is responsible for the consequences.

    This is a legal disclaimer that my advice here are for general purposes only and does not create an attorney-... more
  4. William West Seegmiller

    Contributor Level 10

    13

    Lawyers agree

    1

    Answered . First of all, I hope no one was injured due to this unfortunate circumstance. Only the driver would be held liable for an accident involving texting behind the wheel, not the person he was exchanging texts with at the time of the crash. Tell your friend to put his cell phone out of reach or turn it off while driving so he is not tempted to repeat his mistake. Texting and driving is extremely dangerous and impairs one's ability to drive similar to drunk driving.

  5. Wendy Ha Chau

    Contributor Level 13

    13

    Lawyers agree

    Answered . Texting while driving is very dangerous. I hope you and your fried learned from his car accident-- to not text while driving. It could have been more worse, serious. I am glad your friend was not severely injured or died from this accident.

    And NO, it is not your fault. He should have waited to respond to your text after driving... I'm sure you feel bad but it is not your fault.

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer... more
  6. Scott J. Corwin

    Pro

    Contributor Level 18

    13

    Lawyers agree

    Answered . You are not at fault for the car accident. Texting and driving or other forms of distracted driving causes countless car accidents every year and should be avoided at all times. Distracted driving can also include other activities using a hand held device i.e. using a maps application or internet browsing. I included a link below to a blog post regarding recent California laws regarding distracted driving. I wish your friend a speedy recovery.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . No.

  8. Manuel Alzamora Juarez

    Contributor Level 20

    8

    Lawyers agree

    Answered . You are not at fault. No texting while driving. It's a bad recipe for disaster. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  9. Neil William Putnam

    Contributor Level 4

    8

    Lawyers agree

    Answered . It was his bad decision to text while driving, whether he was texting you or anyone else. In Georgia, it is illegal to text and drive. If he caused the accident, he is the one responsible to compensate the injured driver. Assuming he had insurance on his car, that insurance should pay to the extent of his policy limits. You have no responsibility.

  10. Stephen Andrew Hamer

    Contributor Level 17

    4

    Lawyers agree

    Answered . It is NOT your fault!

    Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not... more
  11. Phillip Hunter Gillespie

    Contributor Level 3

    3

    Lawyers agree

    Answered . You are not at fault as you were not the one driving. Texting while driving is dangerous, hopefully this incident will provide a valuable example of why you should never text and drive.

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