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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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 create an attorney-client relationship.
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-client relationship. Further, my advice is based upon the limited information and facts that have been provided. Additional facts and/or circumstances may materially change or affect the advice that I would provide. Finally, I have not agreed to represent you and anyone else who may read my response. (Sorry for this legal disclaimer, but it is important for your protection and mine. You do not want to think that I am representing you when I have not agreed to do so. In order for me to act as your attorney, we would need to execute a retainer agreement setting for the terms of the relationship.) Thank you for your understanding.
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 and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)
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.
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.
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.
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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
It is NOT your fault!
Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not establish an attorney/client relationship. If my answer was helpful, please indicate so. If you would like my help, contact Mr. Hamer at (214) 843-1529 for a FREE CONSULTATION.
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.
A roundup of the best tips and legal advice.