Write an article based on this summary:

– Teachers don't like it when students talk during exams—but one teacher in New Mexico apparently really doesn't like it. Police say Benjamin Nagurski was arrested Friday after allegedly pulling a knife as kids chatted during a pop quiz in his math class at Bernalillo Middle School, and the police chief says the charges he faces are "very serious." Nagurski was booked on charges of aggravated assault with a deadly weapon and carrying a weapon onto school grounds, both felonies; he's currently out on bail, KOAT reports. "One of the teachers there allegedly turned around, had a knife in his hand, and pointed it toward some students" about 4 feet away, the police chief says. Students told police that Nagurski was upset with one boy in particular, telling him, "Maybe next time I'll pull a machete on you," the AP reports. But Nagurski, 63, claims he was using the knife to remove staples from a bulletin board and just happened to have it in his hand when he turned around to scold the students, the chief says, adding, "That certainly wouldn't be the best method to remove staples." The school's principal called the cops, though it's not clear how he learned of the incident.

BERNALILLO, N.M. (AP) — A New Mexico middle school teacher is facing charges that allege he threatened a student with a knife for talking during a pop quiz, police said Monday.

 Bernalillo Police Chief Tom Romero said Benjamin Nagurski was arrested Friday after school officials took him out of the classroom following the bizarre exchange.

 According to a criminal complaint, the 63-year-old math teacher threatened a student with the knife and told him to stop talking to another student.

 "Students interviewed later by officers all corroborated the story," said Romero, whose town is 16 miles north of Albuquerque.

 The criminal complaint said that when the student confronted Nagurski about the knife, the teacher allegedly told him, "Maybe next time I'll pull a machete on you."

 The complaint said Nagurski told investigators he only shook the knife in his hand and then apologized.

 Nagurksi faces charges of aggravated assault with a deadly weapon and possession of an unlawful weapon. The school principal told police Nagurksi had a rounded steak knife, and another knife with a sharp tip and a wooden handle.

 Nagurski was jailed on $10,000 bail. It wasn't known if he has an attorney.

 Bernalillo Public Schools Superintendent Allan Tapia didn't immediately return a message seeking comment. ||||| A middle school math teacher faces felony charges after threatening a student with a knife, according to police.

 "Very serious, both charges are felonies, so there are some serious consequences if found guilty," said Bernalillo Police Chief Tom Romero.

 The incident allegedly occurred during pop quiz at Bernalillo Middle School. Some students in class were chatting during the exam, police said.

 "One of the teachers there allegedly turned around, had a knife in his hand and pointed it towards some students," said Romero.

 The teacher, Benjamin Nagurski, was only about four feet away from the students, according to the police report. The knife had a wooden handle and a pointed tip.

 The principal called police.

 "He said he was simply removing staples from a bulletin board, and when he turned around to talk to the kids and tell them to stop talking he had the knife in his hand," said Romero. “That certainly wouldn't be the best method to remove staples.”

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 Nagurski was arrested and booked into jail. He faces charges of aggravated assault with a deadly weapon and carrying a weapon onto school grounds. He bailed out of jail Monday morning with a $5,000 cash/surety bond. |||||


President Obama said Sunday that he wants the investigation of the prostitution scandal that led 11 U.S. Secret Service agents to be returned home from Cartagena, Colombia, where they had been sent to provide protection for him, to be thorough and rigorous.

 During a news conference Sunday at the conclusion of the Summit of the Americas, Obama said he expects all agents to conduct themselves with “dignity and probity” and all U.S. personnel to “observe the highest standards” when serving abroad.

 If the allegations that the men brought prostitutes to their hotel rooms on Wednesday prove true, Obama said, “then, of course, I’ll be angry.”

 “We’re representing the people of the United States,” he said.

 Obama’s remarks were his first about the growing scandal. The Secret Service placed the men on administrative leave pending an internal investigation. The agents — who were removed from Cartagena on Thursday and replaced with a new team shortly before Obama’s arrival Friday — were returned to Washington and interviewed by the Office of Professional Responsibility, the agency’s internal affairs unit.

 Meanwhile, the Defense Department has ordered its own inquiry after determining that five of its personnel, who were staying at the same hotel as the Secret Service agents, violated curfew on Wednesday night. All of the U.S. personnel were part of Obama’s advance team that was preparing logistics and security for his arrival.

 The alleged misconduct came to light after one of the agents became involved in a dispute with a woman Thursday morning over a payment, and Colombian police reported the matter to the U.S. Embassy.

 The controversy has shifted some attention away from Obama’s trip to the economic summit, at least in the United States, where the media have focused on the accusations of heavy drinking and womanizing.

 Obama was asked about the matter by a reporter in his joint news conference with Colombian President Juan Manuel Santos. Obama made a point to praise the Secret Service in general, emphasizing that the agency does “very hard work under very stressful circumstances.”

 “I’m very grateful for what they do,” he said. “I will wait until the full investigation [is completed] until I pass final judgment.”

 Lawmakers in Washington were pressing Sunday for more details about the investigation.

 House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.), whose panel maintains jurisdiction over all federal agencies, said he has reason to believe that more than 11 agents were involved.

 “We think the number might be higher, and we’re asking for the exact amount of all the people who, quote, were involved,” he said on CBS’s “Face the Nation.”

 Issa did not elaborate on that statement, and his office did not respond to follow-up questions from The Washington Post.

 On the talk show, Issa also said: “This kind of a breach is a breach in the federal workforce’s most elite protective unit, and they don’t just protect the president, of course; they protect the Cabinet members, the vice president, the first family, candidates. So when you look at this, you realize if you can have this kind of breakdown, one that could lead to blackmail . . . then we’ve got to ask: Where are the systems in place to prevent this in the future?”

 The Secret Service agents allegedly involved are a mix of special agents, who provide personal protection for the president and other high-level officials, and members of the uniformed division, who handle logistical support and building security, officials briefed on the investigation have said.

 Jon Adler, president of the Federal Law Enforcement Officers Association, said a lawyer representing the agents did not want to discuss the matter with reporters until it had been adjudicated.

 Staff writer Joe Davidson contributed to this report. ||||| Starting in 1996, Alexa Internet has been donating their crawl data to the Internet Archive. Flowing in every day, these data are added to the Wayback Machine after an embargo period. ||||| The frontlines of the sniper wars on the streets of Syria.

 CARTAGENA, Colombia |

 CARTAGENA, Colombia (Reuters) - Gracing the cover of the latest Time magazine and trumpeting his nation's security achievements, President Juan Manuel Santos had hoped the Summit of the Americas would showcase the modern face of Colombia.

 Yet global media coverage from this weekend's gathering of more than 30 heads of state has focused instead on a scandal after members of U.S. President Barack Obama's security detail were caught with prostitutes in historic Cartagena.

 The hotel incident - which has seen 11 Secret Service agents sent home and five servicemen grounded - outraged Colombians proud of their often-vilified country's push to become a major regional player.

 "Colombia is not just prostitutes, drugs and violence, it's much more than that," said Maria Fernanda Martinez, 35, a Colombian tourist on vacation in Cartagena. "There are many better things to show the world."

 U.S. soldiers and contractors backing Colombia in its fight against drug traffickers and Marxist insurgents have in the past been involved in sex scandals in rural areas near army bases.

 A largely successful decade-old offensive against the rebels and cocaine cartels has allowed Colombia to begin shedding its international notoriety for violence and crime.

 "The Colombian Comeback" was how Time put it, below a black-and-white portrait of Santos on its latest edition. "From nearly failed state to emerging global player - in less than a decade."

 "HOW SHAMEFUL"

 Headlines over the weekend, however, were less flattering for the host of the Organization of American States (OAS) meeting.

 "The only media coverage of the summit is the scandal of the gringos and the prostitutes," said one Colombian diplomat based in Europe, who asked not to be named. "How shameful."

 Details of the saga unfolded just as the heads of state began discussing weighty issues such as trade protectionism, Cuba and the war on drugs.

 "I never thought the summit agenda had much hope of being achieved," former opposition presidential candidate Carlos Gaviria told Reuters. "But it turned into more of a media sideshow, a ridiculous distraction, than a serious political meeting of presidents."

 The incident unfolded when the Americans brought a number of prostitutes back to a beachfront hotel near where Obama was due to stay when he arrived the following day, a local police source said.

 At least one member of the security contingent flashed his badge and demanded that hotel staff allow him to remain with a woman, the source said.

 Prostitution is legal in "tolerance zones" in Colombia, though also widely practiced outside those areas without sanction.

 Cartagena residents, who had hoped to project an image of warmth and hospitality to the world, tutted their disapproval.

 "This links Cartagena with prostitution and that's not fair," said Maria Consuelo Ortega, 33, who works in a store in the colonial quarter of the city.

 "How can it be forgotten when it's linked to Obama?"

 (Additional reporting by Daniel Wallis; Editing by Brian Ellsworth and Xavier Briand) |||||

Write a summary.

– The Summit of the Americas is over, but the prostitution scandal involving Secret Service agents keeps on going, overshadowing what was supposed to be a chance to showcase Colombia to the international community, reports Reuters. "From nearly failed state to emerging global player—in less than a decade" is what Time called Colombia on its latest cover. But because of the scandal, the old Colombia is being broadcast around the world. "The only media coverage of the summit is the scandal of the gringos and the prostitutes," said one Colombian diplomat. "How shameful." As for President Obama, he finally weighed in on the scandal yesterday, calling for a thorough and rigorous investigation into what happened, reports the Washington Post. While defending the Secret Service in general, Obama said if allegations about misconduct prove to be accurate, “then, of course, I'll be angry," he said. That investigation will be expanded beyond Colombia to look at longer patterns of behavior in the Secret Service, said Rep. Darrell Issa, chairman of a House panel on government oversight. "Things like this don't happen once if they didn't happen before," said Issa.


Article:

"Stop the car! Stop the car!"

 With smoke billowing from the limousine floor, Nelia Arrellano banged on the partition separating the driver and eight of her girlfriends heading over the San Mateo Bridge on their way to celebrate Neriza Fojas's recent marriage. The night would end in a fiery tragedy so horrific that Arrellano could barely speak through agonizing sobs Monday as she recounted Saturday night's final minutes of terror.

 "There's smoke, and the fire coming out!"

 Michael Keefe, Fire Chief of the Foster City Fire Department , John Mapes, Foster City Fire Department Investigator and Robert Foucrault, San Mateo Coroner, attend a press conference to discuss last Saturday's deadly limousine fire at the CHP Headquarters in Redwood City, Calif. on Monday, May 6, 2013. (Gary Reyes)

 But the music was blaring in the 1999 Lincoln Town Car stretch limousine that was outfitted with trays full of ice for a night of partying and luxury among these longtime friends who were as close as sisters, all of them Filipinas in their 30s and 40s, most working as nurses in the East Bay and Fresno. Driver Orville "Ricky" Brown thought Arrellano was asking if she could smoke a cigarette in the limo. He checked his GPS. Only four minutes until they arrived at their destination: the Crowne Plaza Hotel in Foster City.

 "We'll be there soon," he told her.

 They never made it. In an interview Monday with ABC7 news, Arrellano, 36, sat on the living room couch of her home in Oakland, clutching a wad of tissues, choking on words and wiping away a stream of tears as she tried to explain the last moments of the ride that ended in an inferno, the back third of the limo melted into gray ash. Arrellano was the first to escape, squeezing through the partition to the front seat. "I bring out my head through the compartment and say, 'help me,'" she said.

 The bodies of the bride and four other friends, who had dressed up in elegant evening attire to celebrate, were found huddled next to the window partition that had been the escape route for Arrellano and three others who had barely squeezed through in time. At a news conference Monday, authorities said the limousine had one person over the state limit of eight passengers, but they said it was still far from clear what caused the fire.

 "In the 21 years I've been with the office -- all deaths are horrific -- but this is just very impactful," San Mateo County Coroner Robert Foucrault said. "And it's probably the worst one I have ever seen."

 Mike Maskarich, Commander Redwood City, CHP, Michael Keefe, Chief, Foster City Fire Department and John Mapes, Foster City Fire Department Investigator attend a press conference to discuss last Saturday's deadly limousine fire at the CHP Headquarters in Redwood City, Calif. on Monday, May 6, 2013. (Gary Reyes)

 Images of a roiling fire engulfing the back of the limo spread across the country Monday and drew national media to the victims' homes in the East Bay and to the nursing facilities and hospitals as far away as Fresno, where most of the women had worked. At one point Monday, the limo driver climbed into a limousine and was whisked away to appear live on CNN. In an earlier interview with this newspaper, Brown detailed the terror of those few minutes.

 When he finally understood the panic behind him -- as much as a minute-and-a-half after Arrellano first called out "smoke" -- he pulled to the side of the bridge. By that time, flames were shooting through the passenger compartment.

 "It happened fast, it was engulfed so fast,'' said Brown, who escaped without getting hurt. "It burned and burned, burned and burned."

 Brown said that when he got out of the car, he fumbled with his phone, so panicked that it took him "five minutes" to dial 911.

 "I'm trying to call 911 on my phone, and I'm shaking, it wouldn't dial," he said.

 He said he was terrified and wished he could have done more. On Monday, Arrellano wondered the same.

 "When he stop the car, he get out from the car," she told ABC7. "He just get out from the car.''

 As she desperately wiggled through the partition window, she said, she called out for him.

 "He just open the door, that's all he did," she said, "I even ask him, 'help me, help me.'"

 As flames built in the back, another friend made it through right behind her, but a third began struggling.

 "I heard somebody yelling, 'I'm stuck,'" said Arrellano, with a visible cut under her eye Monday. "And I tried to pull her out.''

 Brown said he also helped pull the woman through.

 It's unclear why the women couldn't open the passenger doors at the rear of the limo. Perhaps the flames blocked them. Police wouldn't speculate during a news conference Monday morning.

 Another motorist who stopped to help pulled open the back door to free the women still trapped inside, but was met with a whoosh of flames.

 "There were flames everywhere," Brown said. "It was too late."

 The last thing Arrellano did, she said, was pull her friend Jasmin Deguia of San Jose through the partition. When she turned to help the others, the car was dark with smoke.

 A motorist who had pulled over stopped her. "You can't go back anymore," he said.

 "I say, 'I need to go back. I need to go back and save them!'" Arrellano told ABC7. "But the man say, 'no, you cannot go back anymore.'"

 It was too late.

 "I wish I could pull all of them out," she said, sobbing.

 A video recorded by a passerby shows the back of the limo in flames and a few women perhaps 15 yards away crouched alongside the bridge railing. The four women who survived were recovering Monday; including Deguia, 34, of San Jose, Mary Grace Guardiano and Amalia Loyola, 48, of San Leandro. Deguia and Loyola were upgraded to serious condition Monday at Valley Medical Center.

 Many of the women either work or have worked for Fruitvale Healthcare Center in Oakland, a spokeswoman for the center said Monday. While the coroner has yet to identify any of the dead, a Fresno hospital where two of them worked said the tragedy claimed two of their nurses. The bride, Fojas, 31, and another friend, Michelle Estrera, both worked as trauma and surgical nurses at Community Regional Medical Center in Fresno. Both were killed in the fire, according to a statement from the hospital. Fojas had recently wed and was planning to travel to her native Philippines to hold another ceremony.

 "Both were good friends, stellar nurses and excellent mentors," hospital officials said.

 The owner of Limo Stop, San Jose resident Kultar Singh, expressed condolences for the victims and their families. "We are saddened by this horrific event that took the lives of five people, and it happened in one of our cars," he said.

 Brown of San Jose started with the limousine company two months ago, after several years as a commercial shuttle driver. A check of DMV records shows no violations on his driving record.

 He speculated the limo had an electrical problem, but he didn't know for sure.

 "There are lots of things in limousines that are flammable, from the extra foam to the extra vinyl, wood paneling, all the lighting systems," Brown said.

 On Monday, interview after interview, he shook his head and expressed his grief and sorrow, promising to donate his next paychecks to help the women and their families.

 "I wonder why the five of us were able to escape but the other ones didn't," Brown said. "I've been asking those questions since it happened."

 Staff writers Joshua Melvin and Mark Gomez contributed to this report.

 Contact Robert Salonga at 408-920-5002. Follow him at Twitter.com/robertsalonga. ||||| First came the tapping. Over the blasting music, limo driver Orville Brown heard someone in the backseat knock on the partition behind him, saying something about smoke. No smoking allowed, he told the crowd of partying women.

 California Highway Patrolmen light flares as they investigate the scene of a limousine fire that killed five passengers on the westbound side of the San Mateo-Hayward Bridge in Foster City, Calif., Saturday,... (Associated Press)

 Foster City Fire Department Chief Michael Keefe, right, speaks next to Redwood City California Highway Patrol Commander Mike Maskarich at a news conference at the California Highway Patrol headquarters... (Associated Press)

 This frame grab taken from video provided by Roxana and Carlos Guzman shows a Limo on fire Saturday, May 4, 2013, on the San Mateo-Hayward Bridge in San Francisco. Five dead female bodies were found pressed... (Associated Press)

 San Mateo County firefighters and California Highway Patrol investigate the scene of a limousine fire that killed five passengers on the westbound side of the San Mateo-Hayward Bridge in Foster City,... (Associated Press)

 Foster City Fire Department Chief Michael Keefe, left, and Foster City Fire Investigator John Mapes listen to speakers at a news conference at the California Highway Patrol headquarters in Redwood City,... (Associated Press)

 San Mateo County coroner Robert Foucrault speaks at a news conference at the California Highway Patrol headquarters in Redwood City, Calif., Monday, May 6, 2013. Investigators are trying to determine... (Associated Press)

 San Mateo County firefighters and California Highway Patrol personnel investigate the scene of a limousine fire that killed five passengers on the westbound side of the San Mateo-Hayward Bridge in Foster... (Associated Press)

 Then the taps turned to urgent knocks, and someone screamed "Smoke, smoke" and "Pull over!"

 In just a few fleeting moments, five of the women celebrating a girls' night out were killed by flames that overtook the luxury car with terrifying speed.

 As smoke thickened in the passenger compartment, Brown pulled the white stretch limo to a stop on a bridge over San Francisco Bay and started pulling women out through the partition that separated him from his passengers.

 Three good Samaritans, including a firefighter, stopped to help. The first woman who got out ran to the back and yanked open a door, but Brown said it was already too late.

 "I knew it wasn't a good scene. I figured with all that fire that they were gone, man," Brown said. "There were just so many flames. Within maybe 90 seconds, the car was fully engulfed."

 From the first tap on the window until the rear of car became an inferno couldn't have taken more than three minutes, Brown told the San Francisco Chronicle.

 Authorities searched for answers Monday, hoping to learn what sparked the blaze and why five of the victims could not escape the fast-spreading flames.

 The women who were killed in the Saturday night blaze were found pressed up against the 3-foot by 1 1/2-foot partition, apparently because smoke and fire kept them from the rear exits of the extended passenger compartment.

 The position of the bodies suggested they were trying to get away from the fire, said San Mateo County Coroner Robert Foucrault.

 The women were celebrating the wedding of a newlywed friend, Neriza Fojas, who was among the dead.

 Fojas and another of the fatalities, Michelle Estrera, were nurses at Community Regional Medical Center in Fresno. The remaining three victims have not been identified.

 The medical center's CEO, Jack Chubb, said in a statement Monday that Fojas and Estrera were outstanding nurses, loved by their patients, colleagues and staff.

 "Both were good friends, stellar nurses and excellent mentors who served as preceptors to new nurses," he said. "We'll dearly miss these two special people who have touched our lives."

 A relative of Fojas said the young nurse was preparing to get her master's degree and was planning a large second wedding in the Philippines.

 Christina Kitts said Monday that Fojas lived in Hawaii while she reviewed for her nursing exam, then took a job in Oakland for two years before moving to Fresno, where she had been a nurse at Community Regional Medical Center for a year.

 Three survivors hospitalized were identified as Jasmine Desguia, 34, of San Jose; Mary Guardiano, 42, of Alameda; and Amalia Loyola, 48, of San Leandro.

 Nelia Arellano, 36, of Oakland, who was treated and released, told KGO-TV about the terrifying events.

 With a cut visible on her face, an emotional Arellano said she yelled at the driver to stop the car, but he "didn't want to listen."

 When Brown did finally stop, Arellano says he did nothing to help the women get out of the burning car after he exited.

 Brown told KGO that at first he misunderstood what one of the passengers was saying when she knocked on the partition and talked about smoke. And when the panicked woman knocked a second time and yelled at him to stop, he said he pulled over and all four survivors escaped through the partition. But he said the passenger compartment was quickly engulfed in flames.

 "It spread so fast," he said.

 Brown said he believed it was an electrical fire. "It could have been smoldering for days," he said, noting there was no explosive boom.

 California Highway Patrol Commander Mike Maskarich said the state Public Utilities Commission had authorized the vehicle to carry eight or fewer passengers, but it had nine on the night of the deadly fire. Maskarich said it was too early in the investigation to say whether overcrowding may have been a factor in the deaths.

 Commission spokesman Terrie Prosper said Monday that the agency was looking into whether the operator of the limo, a company called Limo Stop, willfully misrepresented the seating capacity to the agency. If so, Limo Stop could be penalized $7,500 for each day it was in violation.

 Limo Stop is licensed and has shown evidence of liability insurance, Prosper said. The company has seven vehicles with a seating capacity of up to eight passengers listed with the commission, and it hasn't been the target of any previous enforcement action.

 The CPUC requires that all carriers have a preventive maintenance program and maintain a daily vehicle inspection report, Prosper said. Carriers also certify that they are have or are enrolled in a safety education and training program, she said.

 Prosper said requirements for emergency exits only apply to buses, and limousines are not required to have fire extinguishers.

 Joan Claybrook, the top federal auto-safety regulator under President Jimmy Carter, said the stretch limousine industry is poorly regulated because the main agency that oversees car safety doesn't have enough money to prioritize investigating the small businesses that modify limos after they leave the assembly line.

 "I think the oversight is pretty lousy, because the modifications are so individualistic, and there are not that many companies out there that do this. Mostly, they are mom-and-pop operations," said Claybrook, a former administrator at the National Highway Traffic Safety Administration who previously led consumer group Public Citizen.

 Instead, the agency tends to focus more on problems with new cars and major recalls, she said.

 U.S. Department of Transportation data shows five people died in three separate stretch limo accidents in 2010, and 21 people died in another three stretch limo accidents in 2011.

 Stretch limos are typically built in two ways.

 In the first process, one carmaker builds the limousine's body, then another company customizes or stretches the vehicle. The second company has to issue a certification that the car meets National Highway Traffic Safety Administration safety standards for new vehicles, and that all safety equipment is working as required before it can be sold to the public, said Henry Jasny, an attorney with the Washington-based nonprofit Advocates for Highway and Auto Safety.

 In the second process, a customer buys the limousine directly from the carmaker, then takes it to be customized. But modifying the car after it has been sold is considered a retrofit, so is not something NHTSA would regulate, Jasny said.

 Many older models such as the 1999 Lincoln Town Car that caught fire Saturday were modified after they left the factory, said Jerry Jacobs, who owns a boutique limousine company in in San Rafael with a fleet that includes two stretch limos.

 "There is nothing wrong with having these older models on the road. Many have low mileage and immaculate interiors because we take care of them. But when these cars start getting older and the rubber boots wear out, they start running hot," Jacobs said. "The key is you have to keep doing all the right maintenance to make sure they're running smoothly."

 ___

 Associated Press writer Sudhin Thanawala in San Francisco contributed to this report. |||||
What is a summary?

– One of the surviving passengers from the limo fire that killed five women disputes driver Orville Brown's version of events and says he could have done more to help. Gloria Arrellano says she was the first to crawl through the partition after Brown stopped the limo on the San Mateo Bridge. "When he stop the car, he get out from the car, he just get out from the car," she said. "When he get out from that car, he just opened the door, that's all he did. I even ask him, 'Help me, help me,' because I bring out my head from that compartment and say help me, so I could squeeze myself over there and slide myself," she tells ABC7. Arrellano says that after she escaped, she ran back to the vehicle and managed to pull one more friend to safety. After that, "I tried to check if I can pull out one more, but it's already too dark and I can't see anything anymore," she says. Authorities are still investigating how the fire erupted and why the women were unable to escape out the rear doors. Brown speculates that it may have been an electrical problem, reports the San Jose Mercury News. "There are lots of things in limousines that are flammable, from the extra foam to the extra vinyl, wood paneling, all the lighting systems," he says. Officials say the limo had one more passenger than the eight it was authorized to carry, but it's too early to tell whether overcrowding was a factor, the AP notes.


Could You Get Sued For Texting Someone While They Are Driving?

 However prevalent it may be, texting while driving is unsafe and, in most places, against the law. What those laws don’t address is the liability of the person on the other end of that text message. If you’re safe at home texting someone who then crashes their car, could you be held liable? It’s a possibility, according to some recent court rulings.

 A Pennsylvania driver is currently being sued for wrongful death and negligence by the estate of a motorcycle rider who she killed with her vehicle when she was allegedly distracted by reading and responding to text messages on her phone.

 The judge in this lawsuit was recently asked to determine if the two men who were texting the driver at the time of the incident could also be held accountable.

 Both men — one of them the driver’s husband — raised preliminary objections, arguing that they should not have to face these allegations because Pennsylvania state law only prohibits drivers from texting while operating a vehicle and makes no mention of the responsibilities or liabilities of someone sending texts to the driver.

 However, the judge ruled [PDF] in March that the lack of a specific law outlawing the sending of texts to a driver doesn’t automatically mean the sender of those texts is free of any liability.

 The court’s rationale is that, if the texter knows — or has good reason to believe — that the person they are texting is operating a vehicle, they may ultimately share some responsibility if that other person crashes their car while reading or responding to the texts.

 This ruling does not say that the two men are definitely liable or that they even did anything wrong; it only means that the lawsuit against the texters can continue.

 In making this decision, the PA court relied heavily on a 2013 ruling by a New Jersey appeals court that also involved the culpability of someone who sent a text to a driver involved in a car crash.

 “We hold that the sender of a text message can potentially be liable if an accident is caused by texting,” wrote the appeals court, “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.”

 At the same time, the appeals court affirmed the lower court’s decision to grant summary judgment in favor of the texter — a young teen who had messaged the driver immediately before he crashed into a couple on a motorcycle, resulting in each of the two victims losing their left leg.

 The court said that had not presented sufficient evidence in their appeal to prove that the teen texter knew her friend was driving when she sent him the message.

 Additionally, in order to hold a third party liable for the bad behavior of the driver, the court explained there would need to be a “special relationship” between the two, wherein the third party could have exerted some control over the driver’s conduct. The appeals court determined that no special relationship existed in this case, and that there was no evidence that the texts sent to the driver “actively encouraged him to text her while he was driving.”

 “Even if a reasonable inference can be drawn that she sent messages requiring responses, the act of sending such messages, by itself, is not active encouragement that the recipient read the text and respond immediately, that is, while driving and in violation of the law,” reads the ruling.

 The New Jersey court also rejected the umbrella argument that someone is liable simply because they know the person they are texting is driving. After all, one could send a text to a driver not expecting that person to see or respond to the message until later.

 “[A]dditional proofs are necessary to establish the sender’s liability,” explained the court, “namely, that the sender also knew or had special reason to know that the driver would read the message while driving and would thus be distracted from attending to the road and the operation of the vehicle.”

 Thus, while the court believes that remote text message senders can be liable if the person they are chatting with crashes their vehicle, it’s not a slam-dunk case for anyone who tries to bring a liability claim against the texter.

 Though the Pennsylvania and New Jersey rulings don’t definitively settle the issue, University of South Carolina law professor Bryant Walker Smith tells Vocativ.com that these developments — along with the recent lawsuit against Snapchat for its speed-measuring feature, and New York’s “textalyzer” legislation — the legal system is starting to take distracted driving seriously.

 “People often see distracted driving as a socially acceptable sin, a kind of inside joke writ large, an innocuous guilty pleasure in which everyone indulges,” says Smith. “The same used to be true of drunk driving, smoking and physical abuse [and other] actions with actual victims. These legal developments could signal that a similar change in thinking is underway regarding distracted driving. They could also help accelerate that change.”

 Was this informative? We’re a non-profit! You can get more stories like this in our twice weekly ad-free newsletter! Click here to sign up. ||||| The opinion of the court was delivered by

 ASHRAFI, J.A.D.

 Plaintiffs Linda and David Kubert were grievously injured by an eighteen-year-old driver who was texting while driving and crossed the center-line of the road. Their claims for compensation from the young driver have been settled and are no longer part of this lawsuit. Plaintiffs appeal the trial court's dismissal of their claims against the driver's seventeen-year-old friend who was texting the driver much of the day and sent a text message to him immediately before the accident.

 New Jersey prohibits texting while driving. A statute under our motor vehicle laws makes it illegal to use a cell phone that is not "hands-free" while driving, except in certain specifically-described emergency situations. N.J.S.A. 39:4-97.3. 1 An offender is subject to a fine of $100. N.J.S.A. 39:4-97.3(d). For future cases like this one, the State Legislature enacted a law, called the "Kulesh, Kubert, and Bolis Law," to provide criminal penalties for those who are distracted by use of a cell phone while driving and injure others. The new law explicitly permits a jury to infer that a driver who was using a hand-held cell phone and caused injury in an accident may be guilty of assault by auto, a fourth-degree crime if someone was injured seriously, thus exposing the driver to a potential sentence in state prison. 2

 The issue before us is not directly addressed by these statutes or any case law that has been brought, to our attention. We must determine as a matter of civil common law whether one who is texting from a location remote from the driver of a motor vehicle can be liable to persons injured because the driver was distracted by the text. 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.

 In this appeal, we must also decide whether plaintiffs have shown sufficient evidence to defeat summary judgment in favor of the remote texter. We conclude they have not. We affirm the trial court's order dismissing plaintiffs' complaint against the sender of the text messages, but we do not adopt the trial court's reasoning that a remote texter does not have a legal duty to avoid sending text messages to one who is driving.

 I.

 The Kuberts' claims against defendant Shannon Colonna, the teenage sender of the texts, were never heard by a jury. Since this appeal comes to us from summary judgment in favor of Colonna, we view all the evidence and reasonable inferences that can be drawn from the evidence favorably to plaintiffs, the Kuberts. R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (1995).

 On the afternoon of September 21, 2009, David Kubert was riding his motorcycle, with his wife, Linda Kubert, riding as a passenger. As they came south around a curve on Hurd Street in Mine Hill Township, a pick-up truck being driven north by eighteen-year-old Kyle Best crossed the double center line of the roadway into their lane of travel. David Kubert attempted to evade the pick-up truck but could not. The front driver's side of the truck struck the Kuberts and their motorcycle. The collision severed, or nearly severed, David's left leg. It shattered Linda's left leg, leaving her fractured thighbone protruding out of the skin as she lay injured in the road.

 Best stopped his truck, saw the severity of the injuries, and called 911. The time of the 911 call was 17:49:15, that is, fifteen seconds after 5:49 p.m. Best, a volunteer fireman, aided the Kuberts to the best of his ability until the police and emergency medical responders arrived. Medical treatment could not save either victim's leg. Both lost their left legs as a result of the accident. 3

 After the Kuberts filed this lawsuit, their attorney developed evidence to prove Best's activities on the day of the accident. In September 2009, Best and Colonna were seeing each other socially but not exclusively; they were not boyfriend and girlfriend. Nevertheless, they texted each other many times each day. Best's cell phone record showed that he and Colonna texted each other sixty-two times on the day of the accident, about an equal number of texts originating from each. They averaged almost fourteen texts per hour for the four-and-a-half-hour, non-consecutive time-span they were in telephone contact on the day of the accident.

 The telephone record also showed that, in a period of less than twelve hours on that day, Best had sent or received 180 text messages. In her deposition, Colonna acknowledged that it was her habit also to text more than 100 times per day. She said: "I'm a young teenager. That's what we do." She also testified that she generally did not pay attention to whether the recipient of her texts was driving a car at the time or not. She thought it was "weird" that plaintiffs' attorney was trying to pin her down on whether she knew that Best was driving when she texted him.

 During the day of the accident, a Monday, Best and Colonna exchanged many text messages in the morning, had lunch together at his house, and watched television until he had to go to his part-time job at a YMCA in Randolph Township. 4 The time record from the YMCA showed that Best punched in on a time clock at 3:35 p.m. At 3:49 p.m., Colonna texted him, but he did not respond at that time. He punched out of work at 5:41. A minute later, at 5:42, Best sent a text to Colonna. He then exchanged three text messages with his father, testifying at his deposition that he did so while in the parking lot of the YMCA and that the purpose was to notify his parents he was coming home to eat dinner with them.

 The accident occurred about four or five minutes after Best began driving home from the YMCA. At his deposition, Best testified that he did not text while driving — meaning that it was not his habit to text when he was driving. He testified falsely at first that he did not text when he began his drive home from the YMCA on the day of the accident. But he was soon confronted with the telephone records, which he had seen earlier, and then he admitted that he and Colonna exchanged text messages within minutes of his beginning to drive.

 The sequence of texts between Best and Colonna in the minutes before and after the accident is shown on the following chart. The first-listed text occurred immediately after Best left work, apparently while he was still at the YMCA, and the three texts in boldface type are those that were exchanged while Best was driving:

 Sent Sender Received Recipient 5:42:03 Best 5:42:12 Colonna 5:47:49 Best 5:47:56 Colonna 5:48:14 Colonna 5:48:23 Best 5:48:58 Best 5:49:07 Colonna (5:49:15 911 Call) 5:49:20 Colonna 5:55:30 Best 5:54:08 Colonna 5:55:33 Best

 This sequence indicates the precise time of the accident — within seconds of 5:48:58. Seventeen seconds elapsed from Best's sending a text to Colonna and the time of the 911 call after the accident. Those seconds had to include Best's stopping his vehicle, observing the injuries to the Kuberts, and dialing 911. It appears, therefore, that Best collided with the Kuberts' motorcycle immediately after sending a text at 5:48:58. It can be inferred that he sent that text in response to Colonna's text to him that he received twenty-five seconds earlier. Finally, it appears that Best initiated the texting with Colonna as he was about to and after he began to drive home.

 Missing from the evidence is the content of the text messages. Plaintiffs were not able to obtain the messages Best and Colonna actually exchanged, and Best and Colonna did not provide that information in their depositions. The excerpts of Best's deposition that have been provided to us for this appeal do not include questions and answers about the content of his text messages with Colonna late that afternoon. When Colonna's deposition was taken sixteen months after the accident, she testified she did not remember her texts that day. Despite the fact that Best did not respond to her last two texts at 5:55 p.m., and despite her learning on the same evening that he had been involved in a serious accident minutes before he failed to respond to her, Colonna testified that she had "no idea" what the contents of her text messages with Best were that afternoon.

 After plaintiffs learned of Colonna's involvement and added her to their lawsuit, she moved for summary judgment. Her attorney argued to the trial court that Colonna had no liability for the accident because she was not present at the scene, had no legal duty to avoid sending a text to Best when he was driving, and further, that she did not know he was driving. The trial judge reviewed the evidence and the arguments of the attorneys, conducted independent research on the law, and ultimately concluded that Colonna did not have a legal duty to avoid sending a text message to Best, even if she knew he was driving. The judge dismissed plaintiffs' claims against Colonna.

 II.

 On appeal before us, plaintiffs argue that Colonna is potentially liable to them if a jury finds that her texting was a proximate cause of the accident. They argue that she can be found liable because she aided and abetted Best's unlawful texting while he was driving, and also because she had an independent duty to avoid texting to a person who was driving a motor vehicle. They claim that a jury can infer from the evidence that Colonna knew Best was driving home from his YMCA job when she texted him at 5:48:14, less than a minute before the accident.

 We are not persuaded by plaintiffs' arguments as stated, but we also reject defendant's argument that a sender of text messages never has a duty to avoid texting to a person driving a vehicle. We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving. But we also conclude that plaintiffs have not presented sufficient evidence to prove that Colonna had such knowledge when she texted Best immediately before the accident.

 A.

 We first address generally the nature of a duty imposed by the common law. 5

 In a lawsuit alleging that a defendant is liable to a plaintiff because of the defendant's negligent conduct, the plaintiff must prove four things: (1) that the defendant owed a duty of care to the plaintiff, (2) that the defendant breached that duty, (3) that the breach was a proximate cause of the plaintiff's injuries, and (4) that the plaintiff suffered actual compensable injuries as a result. Polzo v. Cnty. of Essex, 196 N.J. 569, 584, 960 A.2d 375 (2008). The plaintiff bears the burden of proving each of these four "core elements" of a negligence claim. Brunson v. Affinity Fed. Credit Union, 199 N.J. 381, 400, 972 A.2d 1112 (2009).

 Because plaintiffs in this case sued Best and eventually settled their claims against him, it is important to note that the law recognizes that more than one defendant can be the proximate cause of and therefore liable for causing injury. See, e.g., Brodsky v. Grinnell Haulers, Inc., 181 N.J. 102, 106-08, 853 A.2d 940 (2004); Rappaport v. Nichols, 31 N.J. 188, 203-04, 156 A.2d 1 (1959). Whether a duty exists to prevent harm is not controlled by whether another person also has a duty, even a greater duty, to prevent the same harm. If more than one defendant breached his or her duty and proximately caused the injuries, the jury at a trial may determine relative fault and assign a percentage of responsibility to each under our comparative negligence statutes, N.J.S.A. 2A:15-5.1 to-5.4. See Brodsky, supra, 181 N.J. at 108, 853 A.2d 940.

 "A duty is an obligation imposed by law requiring one party "to conform to a particular standard of conduct toward another.'" Acuna v. Turkish, 192 N.J. 399, 413, 930 A.2d 416 (2007) (quoting Prosser & Keeton on Torts: Lawyer's Edition § 53, at 356 (5th ed. 1984)), cert. denied, 555 U.S. 813, 129 S.Ct. 44, 172 L.Ed.2d 22 (2008); see also Restatement (Second) of Torts § 4 (1965) ("The word `duty' ... denote[s] the fact that the actor is required to conduct himself in a particular manner at the risk that if he does not do so he becomes subject to liability to another to whom the duty is owed for any injury sustained by such other, of which that actor's conduct is a legal cause.").

 Whether a duty of care exists "is generally a matter for a court to decide," not a jury. Acuna, supra, 192 N.J. at 413, 930 A.2d 416. The "fundamental question [is] whether the plaintiff's interests are entitled to legal protection against the defendant's conduct." J.S. v. R.T.H., 155 N.J. 330, 338, 714 A.2d 924 (1998) (quoting Weinberg v. Dinger, 106 N.J. 469, 481, 524 A.2d 366 (1987)).

 The New Jersey Supreme Court recently analyzed the common law process by which a court decides whether a legal duty of care exists to prevent injury to another. Estate of Desir ex. rel. Estiverne v. Vertus, 214 N.J. 303, 69 A.3d 1247 (2013). The Court reviewed precedents developed over the years in our courts and restated the "most cogent explanation of the principles that guide [the courts] in determining whether to recognize the existence of a duty of care":

 "[w]hether a person owes a duty of reasonable care toward another turns on whether the imposition of such a duty satisfies an abiding sense of basic fairness under all of the circumstances in light of considerations of public policy. That inquiry involves identifying, weighing, and balancing several factors — the relationship of the parties, the nature of the attendant risk, the opportunity and ability to exercise care, and the public interest in the proposed solution.... The analysis is both very fact-specific and principled; it must lead to solutions that properly and fairly resolve the specific case and generate intelligible and sensible rules to govern future conduct."

 The Court emphasized that the law must take into account "generally applicable rules to govern societal behaviors," not just an "outcome that reaches only the particular circumstances and parties before the Court today[.]" Id. at 323, 69 A.3d 1247. The Court described all of these considerations as "a full duty analysis" to determine whether the law recognizes a duty of care in the particular circumstances of a negligence case. Id. at 316, 69 A.3d 1247 (quoting Rowe v. Mazel Thirty, LLC, 209 N.J. 35, 44, 34 A.3d 1248 (2012)).

 B.

 In this case, plaintiffs argue that a duty of care should be imposed upon Colonna because she aided and abetted Best's violation of the law when he used his cell phone while driving. To support their argument, plaintiffs cite section 876 of the Restatement (Second) of Torts (1965), a compilation of common law principles. Under section 876 of the Restatement, an individual is liable if he or she knows that another person's "conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other."

 To illustrate this concept, the Restatement provides the following hypothetical example:

 A and B participate in a riot in which B, although throwing no rocks himself, encourages A to throw rocks. One of the rocks strikes C, a bystander. B is subject to liability to C.

 [Restatement § 876, comment d, illustration 4.]

 The example illustrates that one does not actually have to be the person who threw a rock to be liable for injury caused by the rock. In Tarr v. Ciasulli, 181 N.J. 70, 84, 853 A.2d 921 (2004), the New Jersey Supreme Court adopted the principle stated in Restatement § 876 as applicable to determine joint liability when persons act in concert and cause harm to another.

 In this case, plaintiffs assert that Colonna and Best were acting in concert in exchanging text messages. Although Colonna was at a remote location from the site of the accident, plaintiffs say she was "electronically present" in Best's pick-up truck immediately before the accident and she aided and abetted his unlawful use of his cell phone.

 In Champion ex rel. Ezzo v. Dunfee, 398 N.J.Super. 112, 939 A.2d 825 (App.Div.), certif. denied, 195 N.J. 420, 949 A.2d 849 (2008), we analyzed Restatement § 876 in a context where the defendant was actually present at the site of the accident. In Champion, the injured plaintiff was a backseat passenger in a car driven by a friend who had been drinking. The driver's girlfriend was also a passenger in the car, sitting in the front seat. The car approached speeds of 100 miles per hour as the driver tried to prove the performance capabilities of his car. The car hit a bump and crashed, severely injuring the backseat passenger. Champion, supra, 398 N.J.Super. at 116-17, 939 A.2d 825. He sued the driver, and subsequently, added the driver's girlfriend as a defendant in his lawsuit on a theory that she had a duty to prevent her boyfriend from driving because she knew he had been drinking. Id. at 117, 939 A.2d 825.

 We described the legal issue as follows: "whether a passenger in a motor vehicle, which she neither owns nor controls, owes an affirmative duty to a fellow passenger to prevent a visibly intoxicated driver from operating his own automobile." Id. at 115, 939 A.2d 825. We reviewed common law precedents from other jurisdictions where passengers in a car had encouraged the driver to consume alcohol or drugs or otherwise to drive dangerously, and we compared those precedents to others where the passengers were present but neither encouraged nor prevented the negligent conduct of the driver. Id. at 122-23, 939 A.2d 825. We concluded in Champion that the law permits recovery against a passenger under two conditions. One is a "special relationship" that gave the passenger control over the driver's conduct, such as an employer-employee or parent-child relationship. Id. at 121-22, 939 A.2d 825. The second is "that the defendant passenger actively encouraged the driver to commit" the negligent act. Id. at 122, 939 A.2d 825 (emphasis added). Mere failure to prevent wrongful conduct by another is ordinarily not sufficient to impose liability. Id. at 118, 939 A.2d 825. In Champion, the girlfriend could not be held liable merely for failing to prevent her boyfriend's negligent driving. Id. at 127, 939 A.2d 825.

 In this case, Colonna did not have a special relationship with Best by which she could control his conduct. Nor is there evidence that she actively encouraged him to text her while he was driving. Colonna sent two texts to Best in the afternoon of September 21, 2009, one about two hours and the second about twenty-five seconds before the accident. What she said in those texts is unknown. Even if a reasonable inference can be drawn that she sent messages requiring responses, the act of sending such messages, by itself, is not active encouragement that the recipient read the text and respond immediately, that is, while driving and in violation of the law.

 Another case decided by this court, Podias v. Mairs, 394 N.J.Super. 338, 926 A.2d 859 (App.Div.), certif. denied, 192 N.J. 482, 932 A.2d 32 (2007), also provides some guidance on liability of a passenger for aiding and abetting a driver's wrongful conduct. In Podias, we reviewed claims against two passengers who were present when an eighteen-year-old driver who had been drinking struck and injured a motorcyclist at 2:00 a.m. on the Garden State Parkway. Id. at 343-44, 926 A.2d 859. Rather than calling for medical aid for the unconscious motorcyclist, the passengers discussed how to prevent detection of their own involvement in the incident. They had cell phones, but they did not call the police, and they also told the driver not to call the police and not to get them involved. Id. at 344-45, 926 A.2d 859. The driver and passengers all fled the scene of the accident. The motorcyclist was killed by another driver who did not see him lying injured in the roadway. Id. at 345, 926 A.2d 859.

 We reviewed Restatement § 876 and held that the passengers could be found liable for giving "substantial assistance" to the driver in failing to fulfill his legal duty to remain at the scene of the accident and to notify the police. Id. at 353-54, 926 A.2d 859. We found "an aiding and abetting theory" to be viable because the passengers had taken "affirmative steps in the immediate aftermath [of the accident] to conceal their involvement" and to encourage the driver's violation of the law. Id. at 355, 926 A.2d 859. 6

 Unlike the facts of Podias, the evidence in this case is not sufficient for a jury to conclude that Colonna took affirmative steps and gave substantial assistance to Best in violating the law. Plaintiffs produced no evidence tending to show that Colonna urged Best to read and respond to her text while he was driving.

 The evidence available to plaintiffs is not sufficient to prove Colonna's liability to the Kuberts on the basis of aiding and abetting Best's negligent driving while using a cell phone.

 C.

 Plaintiffs argue alternatively that Colonna independently had a duty not to send texts to a person who she knew was driving a vehicle. They have not cited a case in New Jersey or any other jurisdiction that so holds, and we have not found one in our own research.

 The trial court cited one case that involved distraction of the driver by text messages, Durkee v. C.H. Robinson Worldwide, Inc., 765 F.Supp.2d 742 (W.D.N.C.2011), aff'd sub nom. Durkee v. Geologic Solutions, Inc., 502 Fed.Appx. 326 (4th Cir.2013). In Durkee, the plaintiffs were injured when a tractor-trailer rear-ended their car. Id. at 745. In addition to the truck driver and other defendants, they sued the manufacturer of a text-messaging device that was installed in the tractor-trailer. They claimed the device was designed defectively because it could be viewed while the truck driver was driving and it distracted the driver immediately before the accident that injured them. Id. at 745-46. The federal court dismissed the plaintiffs' claims against the manufacturer of the device, holding that it was the driver's duty to avoid distraction. Id. at 750, 754. Since other normal devices in a motor vehicle could distract the driver, such as a radio or GPS device, attributing a design defect to the product would have too far-reaching an effect. It would allow product liability lawsuits against manufacturers of ordinary devices found in many motor vehicles and hold them liable for a driver's careless use of the product. Id. at 749.

 Similarly, at least two state courts have declined to hold manufacturers of cell phones liable for failing to design their products to prevent harm caused when drivers are distracted by use of the phones. See Estate of Doyle v. Sprint/Nextel Corp., 248 P.3d 947, 951 (Okla.Civ.App.2010); Williams v. Cingular Wireless, 809 N.E.2d 473, 478 (Ind.Ct. App.), appeal denied, 822 N.E.2d 976 (Ind. 2004).

 We view Durkee and these state cases as appropriately leading to the conclusion that one should not be held liable for sending a wireless transmission simply because some recipient might use his cell phone unlawfully and become distracted while driving. Whether by text, email, Twitter, or other means, the mere sending of a wireless transmission that unidentified drivers may receive and view is not enough to impose liability.

 Having considered the competing arguments of the parties, we also conclude that liability is not established by showing only that the sender directed the message to a specific identified recipient, even if the sender knew the recipient was then driving. We conclude that additional proofs are necessary to establish the sender's liability, namely, that the sender also knew or had special reason to know that the driver would read the message while driving and would thus be distracted from attending to the road and the operation of the vehicle. We reach these conclusions by examining the law in analogous circumstances and applying "a full duty analysis" as discussed in Desir, supra, 214 N.J. at 317, 69 A.3d 1247.

 A section of the Restatement that the parties have not referenced provides:

 An act is negligent if the actor intends it to affect, or realizes or should realize that it is likely to affect, the conduct of another, a third person, or an animal in such a manner as to create an unreasonable risk of harm to the other.

 [Restatement § 303.]

 To illustrate this concept, the Restatement provides the following hypothetical example:

 A is driving through heavy traffic. B, a passenger in the back seat, suddenly and unnecessarily calls out to A, diverting his attention, thus causing him to run into the car of C. B is negligent toward C.

 [Restatement § 303, comment d, illustration 3.]

 We have recognized that a passenger who distracts a driver can be held liable for the passenger's own negligence in causing an accident. In other words, a passenger in a motor vehicle has a duty "not to interfere with the driver's operations." Champion, supra, 398 N.J.Super. at 118, 939 A.2d 825 (citing Lombardo v. Hoag, 269 N.J.Super. 36, 54, 634 A.2d 550 (App.Div.1993), certif. denied, 135 N.J. 469, 640 A.2d 850 (1994)).

 One form of interference with a driver might be obstructing his view or otherwise diverting his attention from the tasks of driving. It would be reasonable to hold a passenger liable for causing an accident if the passenger obstructed the driver's view of the road, for example, by suddenly holding a piece of paper in front of the driver's face and urging the driver to look at what is written or depicted on the paper. The same can be said if a passenger were to hold a cell phone with a text message or a picture in front of the driver's eyes. Such distracting conduct would be direct, independent negligence of the passenger, not aiding and abetting of the driver's negligent conduct. Here, of course, Colonna did not hold Best's cell phone in front of his eyes and physically distract his view of the road.

 The more relevant question is whether a passenger can be liable not for actually obstructing the driver's view but only for urging the driver to take his eyes off the road and to look at a distracting object. We think the answer is yes, but only if the passenger's conduct is unreasonably risky because the passenger knows, or has special reason to know, that the driver will in fact be distracted and drive negligently as a result of the passenger's actions.

 It is the primary responsibility of the driver to obey the law and to avoid distractions. Imposing a duty on a passenger to avoid any conduct that might theoretically distract the driver would open too broad a swath of potential liability in ordinary and innocent circumstances. As the Supreme Court stated in Desir, supra, 214 N.J. at 323, 69 A.3d 1247 courts must be careful not to "create a broadly worded duty and ... run the risk of unintentionally imposing liability in situations far beyond the parameters we now face." "The scope of a duty is determined under `the totality of the circumstances,' and must be `reasonable' under those circumstances." J.S., supra, 155 N.J. at 339, 714 A.2d 924 (quoting Clohesy v. Food Circus Supermarkets, Inc., 149 N.J. 496, 514, 520, 694 A.2d 1017 (1997)).

 "Foreseeability of the risk of harm is the foundational element in the determination of whether a duty exists." Id. at 337, 714 A.2d 924; accord Williamson v. Waldman, 150 N.J. 232, 239, 696 A.2d 14 (1997). "Foreseeability, in turn, is based on the defendant's knowledge of the risk of injury." Podias, supra, 394 N.J.Super. at 350, 926 A.2d 859 (citing Weinberg, supra, 106 N.J. at 484-85, 524 A.2d 366).

 It is foreseeable that a driver who is actually distracted by a text message might cause an accident and serious injuries or death, but it is not generally foreseeable that every recipient of a text message who is driving will neglect his obligation to obey the law and will be distracted by the text. Like a call to voicemail or an answering machine, the sending of a text message by itself does not demand that the recipient take any action. The sender should be able to assume that the recipient will read a text message only when it is safe and legal to do so, that is, when not operating a vehicle. However, if the sender knows that the recipient is both driving and will read the text immediately, then the sender has taken a foreseeable risk in sending a text at that time. The sender has knowingly engaged in distracting conduct, and it is not unfair also to hold the sender responsible for the distraction.

 "When the risk of harm is that posed by third persons, a plaintiff may be required to prove that defendant was in a position to `know or have reason to know, from past experience, that there [was] a likelihood of conduct on the part of [a] third person[]' that was `likely to endanger the safety' of another." J.S., supra, 155 N.J. at 338, 714 A.2d 924 (quoting Clohesy, supra, 149 N.J. at 507, 694 A.2d 1017). In J.S., the Court used the phrase "special reason to know" in reference to a personal relationship or prior experience that put a defendant "in a position" to "discover the risk of harm." Ibid. Consequently, when the sender "has actual knowledge or special reason to know," id. at 352, 714 A.2d 924, from prior texting experience or otherwise, that the recipient will view the text while driving, the sender has breached a duty of care to the public by distracting the driver.

 Our conclusion that a limited duty should be imposed on the sender is supported by the "full duty analysis" described by the Supreme Court — identifying, weighing, and balancing "the relationship of the parties, the nature of the attendant risk, the opportunity and ability to exercise care, and the public interest in the proposed solution." Desir, supra, 214 N.J. at 332, 69 A.3d 1247; Hopkins, supra, 132 N.J. at 439, 625 A.2d 1110. When the sender knows that the text will reach the driver while operating a vehicle, the sender has a relationship to the public who use the roadways similar to that of a passenger physically present in the vehicle. As we have stated, a passenger must avoid distracting the driver. The remote sender of a text who knows the recipient is then driving must do the same.

 When the sender texts a person who is then driving, knowing that the driver will immediately view the text, the sender has disregarded the attendant and foreseeable risk of harm to the public. The risk is substantial, as evidenced by the dire consequences in this and similar cases where texting drivers have caused severe injuries or death.

 With respect to the sender's opportunity to exercise care, "[a] corresponding consideration is the practicality of preventing [the risk]." Podias, supra, 394 N.J.Super. at 350, 926 A.2d 859. We must take into account "how establishing this duty will work in practice." Desir, supra, 214 N.J. at 328, 69 A.3d 1247. In imposing an independent duty of the passengers in Podias, we noted the "relative ease" with which they could have used their cell phones to summon help for the injured motorcyclist. Podias, supra, 394 N.J.Super. at 351, 926 A.2d 859. It is just as easy for the sender of a text message to avoid texting to a driver who the sender knows will immediately view the text and thus be distracted from driving safely. "When the defendant's actions are `relatively easily corrected' and the harm sought to be presented is `serious,' it is fair to impose a duty." Id. at 350, 926 A.2d 859 (quoting J.S., supra, 155 N.J. at 339-40, 714 A.2d 924).

 At the same time, "[c]onsiderations of fairness implicate the scope as well as the existence of a duty." J.S., supra, 155 N.J. at 349, 714 A.2d 924. Limiting the duty to persons who have such knowledge will not require that the sender of a text predict in every instance how a recipient will act. It will not interfere with use of text messaging to a driver that one expects will obey the law. The limited duty we impose will not hold texters liable for the unlawful conduct of others, but it will hold them liable for their own negligence when they have knowingly disregarded a foreseeable risk of serious injury to others.

 Finally, the public interest requires fair measures to deter dangerous texting while driving. Just as the public has learned the dangers of drinking and driving through a sustained campaign and enhanced criminal penalties and civil liability, the hazards of texting when on the road, or to someone who is on the road, may become part of the public consciousness when the liability of those involved matches the seriousness of the harm.

 Our concurring colleague expresses reluctance to conclude that a remote texter has an independent duty of care to avoid being a cause of traffic accidents and injuries. The concurring opinion states that traditional tort principles are sufficient to decide in this case that Colonna had no liability for the Kuberts' injuries and we should say no more. Post at 524-25, 75 A.3d at 1232. We have been asked to decide the status of the law in these circumstances, and we have applied traditional tort principles, as developed in analogous cases, to delineate the limited scope of a remote texter's duty. As the New Jersey Supreme Court confirmed in Desir, supra, 214 N.J. at 322, 69 A.3d 1247: "It has long been true that `[d]eterminations of the scope of duty in negligence cases has traditionally been a function of the judiciary.'" (quoting Kelly v. Gwinnell, 96 N.J. 538, 552, 476 A.2d 1219 (1984)).

 To summarize our conclusions, we do not hold that someone who texts to a person driving is liable for that person's negligent actions; the driver bears responsibility for obeying the law and maintaining safe control of the vehicle. We hold that, when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time.

 D.

 In this case, plaintiffs developed evidence pertaining to the habits of Best and Colonna in texting each other repeatedly. They also established that the day of the accident was not an unusual texting day for the two. But they failed to develop evidence tending to prove that Colonna not only knew that Best was driving when she texted him at 5:48:14 p.m. but that she knew he would violate the law and immediately view and respond to her text.

 As our recitation of the facts shows, Colonna sent only one text while Best was driving. The contents of that text are unknown. No testimony established that she was aware Best would violate the law and read her text as he was driving, or that he would respond immediately. The evidence of multiple texting at other times when Best was not driving did not prove that Colonna breached the limited duty we have described.

 Because the necessary evidence to prove breach of the remote texter's duty is absent on this record, summary judgment was properly granted dismissing plaintiffs' claims against Colonna.

 Affirmed.

 ESPINOSA, J.A.D., concurring.

 I concur in the result we reach today. I also observe that the bar set by the majority for the imposition of liability is high and will rarely be met since the duty created arises when the conduct of a person, not in an automobile, interferes with the driver's operation of the vehicle. Still, I do not agree that it is necessary for us to articulate a new duty specific to persons in remote locations who send text messages to drivers, and I part company with my colleagues in their analysis of the duty imposed. In my view, traditional tort principles provide adequate guidance to determine whether liability should be imposed in such circumstances.

 "Traditional tort theory emphasizes individual liability, which is to say that each particular defendant who is to be charged with responsibility must be proceeding negligently." Podias, supra, 394 N.J.Super. at 346, 926 A.2d 859. As we have noted, the driver carries the personal responsibility to obey traffic laws and exercise appropriate care for the safety of others, (op. at 516-17, 75 A.3d at 1227). This responsibility includes the obligation to avoid or ignore distractions created by other persons, whether in the automobile or at a remote location, that impair the driver's ability to exercise appropriate care for the safety of others. Text messages received while driving plainly constitute a distraction the driver must ignore. 1

 The majority finds, "[w]hen the sender knows that the text will reach the driver while operating a vehicle, the sender has a relationship to the public who use the roadways similar to that of a passenger physically present in the vehicle." (op. at 517, 75 A.3d at 1228). The premise for this holding is that knowledge a text message will "reach the driver while operating a vehicle," without more, places the remote texter in a position equivalent to that of a passenger in the vehicle. The equation of these positions is Procrustean in nature, however, because a person who is not present in the automobile lacks the first-hand knowledge of the circumstances attendant to the driver's operation of the vehicle that a passenger possesses and has even less ability to control the actions of the driver. Still, the analysis applicable to passenger liability is helpful.

 Passenger liability was at issue in two of the cases discussed in the majority opinion, Champion, supra, 398 N.J.Super. 112, 939 A.2d 825, and Podias, supra, 394 N.J.Super. 338, 926 A.2d 859. Both cases concerned a passenger's failure to prevent the driver from engaging in conduct that posed a risk of harm to another.

 In Champion, supra, the plaintiff, a passenger, alleged that the driver's girlfriend, a fellow passenger, was negligent in failing to prevent the visibly intoxicated driver from operating his own automobile. We disapproved an extension of principles that would impose "a new duty on anyone beyond those in control and operation of the vehicle." 398 N.J.Super. at 120, 939 A.2d 825 (citing Lombardo, supra, 269 N.J.Super. at 48, 634 A.2d 550). We recognized two exceptions to the rule of passenger non-liability, i.e., when a special relationship exists between the passenger and driver that affords the passenger "some control over the driver," as embodied in Restatement (Second) of Torts § 315 (1965), 2 Champion, supra, 398 N.J.Super. at 121, 939 A.2d 825, and when "the passenger substantially encourages or assists in the driver's tortious conduct." Id. at 122, 939 A.2d 825 (citing Restatement (Second) of Torts § 876 (1979)).

 As the majority opinion notes, the type of "special relationship," such as parent-child, master-servant, landlord-tenant, and guardian-ward, required to impose liability for the conduct of another under section 315 of the Restatement, ibid., was not present here. (op. at 511-13, 75 A.3d at 1224-25).

 To prevail on the "aiding and abetting" theory based on section 876 of the Restatement, the plaintiff must prove three elements: "(1) the party whom the defendant aids must perform a wrongful act that causes an injury; (2) the defendant must be generally aware of his role as part of an overall illegal or tortious activity at the time that he provides the assistance; [and] (3) the defendant must knowingly and substantially assist the principal violation." Tarr, supra, 181 N.J. at 84, 853 A.2d 921.

 As to the last of these factors, the comments to section 876 note that "[t]he assistance of or participation by the defendant may be so slight that he is not liable for the act of the other." Restatement (Second) of Torts § 876(b) cmt. d. (1979). To assist in determining whether a defendant provided "substantial assistance," the comments list five factors to be considered: "the nature of the act encouraged, the amount of assistance given by the defendant, his presence or absence at the time of the tort, his relation to the other and his state of mind." Ibid.; see also Hurley v. Atl. City Police Dep't, 174 F.3d 95, 127 n. 27 (3d Cir.1999) (noting the addition of a sixth relevant factor, the duration of the assistance provided, by the D.C. Circuit in Halberstam v. Welch, 705 F.2d 472, 484 (D.C.Cir.1983)), cert. denied, 528 U.S. 1074, 120 S.Ct. 786, 145 L.Ed.2d 663 (2000); Podias, supra, 394 N.J.Super. at 353, 926 A.2d 859.

 When the tort is the driver's use of text messaging, it is evident that at least one of the factors — the remote texter's absence from the location of the tort — will weigh against liability. The driver requires no assistance from the remote texter to commit this tort and so, a determination of potential liability will depend largely on whether the remote texter provided the level of "active and purposeful conduct" that is required for aiding-and-abetting liability to be imposed. Tarr, supra, 181 N.J. at 83, 853 A.2d 921.

 In Champion, supra, we cited cases that illustrated examples of such active encouragement, such as where the passenger encouraged the driver to ignore applicable traffic laws or provided intoxicants to the driver to consume while driving. 398 N.J.Super. at 122-23, 939 A.2d 825. In each example, the passenger's presence in the automobile provided an awareness of the circumstances that contributed to the risk created by the driver's conduct. E.g. Cooper v. Bondoni, 841 P.2d 608, 611-12 (Okla.Civ.App.1992) (minor passengers gave substantial assistance and encouragement to minor driver's negligent operation of his vehicle where they provided him with alcoholic beverages and urged him to pass a truck while climbing a hill in a nopassing zone), cert. denied (Okla.1992). However, mere presence and participation in the same activity that gave rise to the driver's liability, such as drinking alcohol in the car, were insufficient to constitute the substantial encouragement required for the imposition of liability. Champion, supra, 398 N.J.Super. at 123-24, 939 A.2d 825; see also Podias, supra, 394 N.J.Super. at 353, 926 A.2d 859 (noting that "`aiding-abetting' focuses on whether a defendant knowingly gave `substantial assistance' to someone engaged in wrongful conduct, not on whether the defendant agreed to join the wrongful conduct").

 In contrast to Champion, where the passenger's conduct can be considered mere acquiescence to the driver's tortious conduct, the circumstances and conduct of the passengers in Podias provided a basis for the imposition of liability where passengers urged the driver to leave a hit-and-run victim lying on the Garden State Parkway in the middle of the night and failed to call for any assistance for the victim. We stated, "the degree of defendants' involvement, coupled with the serious peril threatening imminent death to another that might have been avoided with little effort and inconvenience ... creates a sufficient relation to impose a duty of action." Id. at 356, 926 A.2d 859. Still, we stressed the "narrowness of the issue before us" and stated, "[w]e formulate today no rule of general application." Id. at 355, 926 A.2d 859.

 Just as it was unnecessary to formulate a new rule in Podias, we need not create a new duty here. Traditional tort principles provide adequate guidance for our analysis and, indeed, provide the framework for the majority opinion.

 There was no special relationship that provided Colonna with the means to control Best's conduct. Therefore, the exception to the general rule that one has no duty to prevent the tortious conduct of another embodied in section 315 of the Restatement does not apply.

 Consideration of the factors relevant to an aiding and abetting analysis in this case also supports our conclusion that the evidence was insufficient to impose liability upon Colonna for aiding and abetting Best's negligent conduct. Specifically, there was no evidence that Colonna was "generally aware of [her] role as part of an overall illegal or tortious activity at the time that" she texted Best. See Tarr, supra, 181 N.J. at 84, 853 A.2d 921. Turning to the factors relevant to a determination whether Colonna "knowingly and substantially assist[ed] the principal violation," see ibid., the act she purportedly encouraged was Best's text messaging while driving. She was not physically present at the place of the principal violation and her remote location afforded her limited, if any, knowledge of the circumstances of Best's text messaging. Her "assistance" consisted of receiving several text messages and sending one in reply before the accident. The evidence regarding her state of mind fails to reveal any intention to assist Best in committing a tortious act. Even assuming that Colonna knew Best was driving, her conduct in sending a text under the circumstances here amounted to that of a companion who merely participated in the same activity and who did not actively encourage Best to ignore applicable law and safety hazards.

 The implications of creating a new duty are that existing principles fail to address the issue and that liability could be imposed under circumstances that would not provide a basis for doing so under existing law. Because traditional tort principles provide a sufficient measure for assessing the liability of a person who sends a text message to a driver, I see no reason to establish a new standard for such conduct, particularly when the record before us does not support the imposition of liability upon the remote texter.

 The dangers associated with text messaging while driving, and the devastating consequences in this case, were known to the Legislature. We have nothing before us that reflects whether the Legislature considered legislation that would have imposed either civil liability or criminal penalties for a remote texter who sends a distracting text message to a driver. What we do know is that the legislative response was to amend the assault by auto statute, N.J.S.A. 2C:12-1(c)(1), to permit the jury to infer that a defendant who unlawfully used a cell phone while driving "was driving recklessly." See "Kulesh's, Kuberts' and Bolis' Law," L. 2012, c. 22. The effect of the amendment was to codify a permissive inference that the jury could have drawn prior to its enactment. Both before and after the amendment, recklessness was an essential element of N.J.S.A. 2C:12-1(c)(1) and the grading of the conduct as either a fourth-degree offense or a disorderly persons offense turned on the degree of injury, not on whether a cell phone was in use. In short, the legislative response was measured, even as to the driver, and did not include any action as to the remote texter.

 Therefore, I concur in the result reached, but not in the analysis of the majority opinion. ||||| Home Daily News Those who knowingly send texts that distract…

 Injury & Accident Law

 Those who knowingly send texts that distract drivers could face liability in Pennsylvania

 Image from Shutterstock.

 It isn’t just drivers who text behind the wheel who run the risk of accidents and expensive lawsuits.

 In an apparent case of first impression in the state, a ruling last month by a Pennsylvania judge says two men accused of texting a driver at the time of a fatal motor vehicle accident are properly included with her as defendants in the case, reports the Legal Intelligencer (sub. req.).

 The decision follows a 2013 appellate ruling in New Jersey that recognized the same cause of action against third parties in motor vehicle accident litigation, but said it didn’t apply in the case at bar because the remote texter didn’t know the recipient of the messages was driving at the time.

 While the knowledge requirement—which was also imposed by Pennsylvania Common Pleas Judge John Hodge in the Lawrence County case of Gallatin v. Gargiulo—sets a high bar that will make it difficult for plaintiffs to prevail in suits against third parties, it also opens “a can of worms,” defense lawyer Gary Stewart of Rawle & Henderson told the legal publication.

 That’s because anyone who sends text messages could potentially be named as a defendant in such litigation. That would likely require the person to appear, retain counsel and participate in discovery before a lack of knowledge can be established, he said.

 The New York Personal Injury Attorney Law Blog provides a copy of the Gallatin ruling (PDF).

 In it, Hodge points to both the New Jersey appellate decision and Section 876 of the Restatement (Second) of Torts, which provides for liability when one person acts in concert with another. Under Pennsylvania law, texting while driving is illegal.

 Although it is not yet proven that either man knew the recipient of his texts was driving, the judge said the complaint adequately asserts a cause of action in the fact-pleading state by alleging (1) that the driver was texting, and hence distracted; (2) that the third party knew or should have known of this fact, and that the texts were likely to be read behind the wheel; and (3) that the third party aided and abetted the driver’s violation of motor vehicle law.

 Attorney Skippy Weinstein of Morristown, New Jersey, represent the plaintiffs in the distracted driving case that won the appellate ruling in that state. He told the Legal Intelligencer that he received calls from lawyers around the country after the decision was publicized and knows of new filings in his home state since then that assert text-related claims against remote third parties.

 See also:

 ABAJournal.com: “New road signs urge drivers to use ‘text stops’ for otherwise illegal messages”

 ABAJournal.com: “Lawmakers mull ‘textalyzer’ bill that would let cops test cellphones to ID distracted drivers” ||||| Have you texted someone today who could have been driving? Could that message have distracted them them long enough to make them careen into a minivan? And, if so, could you be criminally charged? Three recent legal developments may make it a lot easier for law enforcement to send you to jail for cell phone-related car crashes—even if you’re not the one driving.

 In 2014, there were nearly 3,200 reported Americans deaths and 431,000 injuries from distracted driver incidents. About three times as many Americans died that year from drunk-driving accidents, but a 2014 study by the American Automobile Association Foundation determined that distracted driving-related incidents are difficult to track because most distracted drivers involved in wrecks don’t report that they were using a cell phone at the time of the crash. So the number of actual distracted driver deaths and injuries could be higher than officially reported. While drunk driving deaths have declined 52 percent since the early ’80s, studies show that distracted driving rates are are increasing every year.

 With each new social media app, drivers have more temptation to look away from the road and more foolish ways to get into wrecks—like trying to reach 100 mph on a Snapchat-filter speedometer, which 18-year-old Christal McGee did last September. After the McGee hit the back of another car going 107 mph she Snapchatted a bloody selfie from a stretcher with the caption “Lucky to be alive.”

 McGee struck Uber driver Wentworth Maynard, putting him in a coma and causing him permanent brain damage. Last week, Maynard sued Snapchat for “motivating” McGee to drive recklessly.

 But cases like Maynard v. Snapchat and a recent case in Pennsylvania could expand the liability of distracted driving accidents to someone other than the driver, and that could change how society views app use and driving. In his ruling last month for Gallatin v. Gargiulo, Pennsylvania judge John W. Hodge decided that two men who texted a driver during a fatal accident were also liable for the accident and will face negligence and wrongful-death claims, reports The Legal Intelligencer.

 Hodge’s decision follows a New Jersey appellate ruling from 2013 establishing that third parties who are aware they are texting a distracted driver can be liable for the driver’s accidents. In that case, the court ruled that there was not sufficient evidence to prove that the third parties were aware the driver was driving or “actively encouraged” her to text while driving, but the precedent was set.

 The Gallatin v. Gargiulo decision upholds the stipulation that third-party texters can only be held liable if they are aware the driver is texting and will view the text while on the road. Legal experts told The Legal Intelligencer this would be difficult to prove but could still help reduce texting-related accidents.

 “If you put people on notice that if they engage in that type of activity with another individual who they know is actually driving a vehicle they can be subject to some form of liability if there’s an injury … I think that behavior will be curbed,” Dan Munley of Munley Law told The Legal Intelligencer.

 Last week, New York lawmakers proposed an even more aggressive tactics to crack down on phone use behind the wheel: textalyzers. This technology, currently under development by an Israeli firm, would allow police officers to take phones from drivers after accidents and determine whether they were using the phone in a way that isn’t in accordance with state laws. New York drivers can not legally text or email on their phone or hold the phone to their ears while driving (All but five states ban all drivers from texting. Three states prohibit novice drivers from texting. Montana has no texting ban and Arizona only bans texting for school bus drivers.)

 The textalyzer bill, which is in the New York Senate’s committee stages, also proposes that drivers would be forced to hand over their phone after a wreck or risk a driver’s license suspension.

 Privacy advocates have denounced the textalyzer initiative and Wired writer Aarian Marshall deemed the plan “dumb and doomed” because it raises too many other legal concerns, like law enforcement seeing evidence of other illicit activities while searching the phone.

 But Bryant Walker Smith, an assistant professor of law and engineering at the University of South Carolina, thinks the textalyzer bill, Gallatin v. Gargiulo case, and Snapchat suit might suggest an upcoming shift in how society takes on distracted driving. Smith was a transportation engineer before he studied law and he specializes in how emerging technology affects driving. “People often see distracted driving as a socially acceptable sin, a kind of inside joke writ large, an innocuous guilty pleasure in which everyone indulges,” Smith told Vocativ. “The same used to be true of drunk driving, smoking and physical abuse [and other] actions with actual victims. These legal developments could signal that a similar change in thinking is underway regarding distracted driving. They could also help accelerate that change.”

 While Smith believes distracted driving could become more stigmatized, he isn’t certain whether phones and app developers will be held accountable for accidents any time soon. “In general, each of us had a duty to act reasonably when those actions expose others to physical harm,” Smith said, likening the legal conversation around distracted driving to the dram shop laws and social host liability that hold alcohol providers accountable for any harm caused by patrons who acquired spirits from the businesses or host while obviously drunk.

 But, he points out, manufacturers or technology that endangers lives tends to have a better chance remaining immune from legal repercussions. “Some states and municipalities tried to hold gun manufacturers liable, but courts were skeptical and Congress ultimately intervened to immunize even negligent manufacturers from liability in many situations,” Smith said.

 Cell phone companies and app developers might have to step up their lobbying efforts. |||||
What is a one-paragraph summary of the above article?

– Court rulings in Pennsylvania and New Jersey are taking texting-while-driving laws down a new road, opening the door to not only holding the offending driver liable for a car accident, but perhaps also the person texting the driver, Consumerist reports. In neither case has anyone (yet) had to legally assume this burden: In the 2013 New Jersey appellate case, the "remote texter" was let off the hook because there wasn't enough evidence to show she knew her friend—who severely injured two people after slamming into their motorcycle—was driving when she texted him, the ABA Journal reports. And in the Pennsylvania case, the judge's ruling didn't hold responsible the two texters who were sending messages to the driver when she crashed into a motorcycle, killing that driver—it was simply determined the texters were fair game for the suit, per the Legal Intelligencer. But the fact that holding non-driving texters liable for car crashes is even being considered is starting to slowly impact the legal landscape on distracted driving. The New Jersey and Pennsylvania cases underscore the challenges in such cases. For instance, it's not enough to hold a texter liable simply because he or she texted a driver: Certain conditions must be met, such as knowing (or having good reason to believe) the driver would pick up the phone to check out texts while driving, as well as proving a "special relationship" exists between texter and recipient to influence the recipient picking up. But these kinds of cases, as well as other proposed crackdowns on car texters (including New York's controversial "textalyzer" bill), show the issue is being given heavier weight. "People often see distracted driving as a socially acceptable sin … an innocuous guilty pleasure in which everyone indulges," a University of South Carolina law professor tells Vocativ. "The same used to be true of drunk driving ... These legal developments could signal that a similar change in thinking is underway regarding distracted driving." (Jenny McCarthy's son called the cops for her texting-while-driving transgression.)