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The Next Best Defendant: Examining A Remote Text Sender's Liability Under Kubert V. Best, Christopher P. Edwards

Akron Law Review

Texting and driving is a dangerous activity that is responsible for many of the avoidable accidents that occur due to distracted driving. While many state legislatures have responded by enacting formal prohibitions on texting and driving, the penalties are far less severe than other forms of distracted driving, namely driving while intoxicated. While a texting driver is exposed to some liability for their conduct, the text sender generally bears no responsibility. While prohibiting texting and driving on the part of the recipient-driver is the more obvious approach to addressing the issue, the very nature of texting requires the participation of …