Over the past few months I have conducted non-scientific surveys of my friends and family, asking what they thought of the idea of me filing suit against a remote texter. The usual response was not favorable, but then I would tell about a man that I know who was run down by a texting driver. She decided to take her eyes off the road to read her latest text, and for all intents and purposes, her decision ended a man's life. As is often the case, the woman behind the wheel had minimal insurance coverage (only $25,000).
So what do you do in a case like that? The answer is, you try hard to find more coverage or other sources of recovery. One such source might be whatever insurance policies cover the remote texter. By including a remote texter as another defendant, it may be possible to double the coverage available under texting driver's existing policy. Then, if that remote texter also has his/her own vehicle or possibly some umbrella coverage under their homeowner's insurance policy, a case which initially had little hope of providing just compensation for an injured party might possibly become a case where something close to civil justice can be achieved.