Driving and texting has been banned and it all started with the 2009 crash that injured a couple whose motorcycle was hit by an 18-year-old driver. The couple sued the driver’s friend, saying that she was “electronically present” because she texted him.

The law was passed in New Jersey, stating that people who send a text to another person knowing they are driving can be held accountable if a car accident occurs.

Texting and driving has been banned in New Jersey, but liability to the sender may now occur in different situations. The court has found it likely for a driver that reads a text to cause an accident, but it is not likely that every receiver of a text will read it while driving.

This is a controversial decision because it is very hard to prove how the sender could have possibly known that the receiver would’ve read the message instantly.

The sender can believe that the receiver will read their text message only when it is safe to do so and not while driving, but if the sender “knowingly” texts someone who is driving and knows that they will read it right away, they can be held liable for an accident.

According to Texting and Driving Safety, drivers that text caused 1.3 million car accidents in 2011. This normally causes 11 teen deaths every day.

USA Today reported that adults text more than teens —49 percent to 43 percent — even though texting while driving could end or change a life. When asked why they still do it, the adults responded that it’s tempting to know who has texted them.

Even the Governor of New York, Andrew Cuomo, wants to have “texting zones” on major roadways so drivers can stop and answer their text messages without having to put themselves and others at risk.

“You shouldn’t be on the phone texting, you shouldn’t be on the phone talking to people…you need both hands on the wheel. It’s a distraction,” said Tampa defense attorney Jeff Brown.