Posted by ME/NJ on 9/19/13 1:34pm
Msg #485150

Was asked to give my thoughts about the Title Source App

I can't wait to hear back from it. I think the biggest issue that TS should be concerned about is legal. NJ you can now go after person or company if you get into a auto accident when they send a text or alert. I am hoping that this program gets barred in NJ in the long run. Guess they will need to figure out is the risk worth a lawsuit payout.

I also know carriers make a difference of when you get the alert when they send it. ( That is out of there control )

Myself I lost a fair amount of work in last 3 weeks because of the app. I hope if you get asked to give feed back please tell them how you feel.

Reply by Linda_H/FL on 9/19/13 1:54pm
Msg #485154

I don't see them getting in hot water for sending you

a text - although that's what your law says a good defense lawyer is going to get around that in a heartbeat.

The onus is on YOU the DRIVER to NOT pick up that phone. TS is not breaking your arm and forcing you to read or respond to that text. That's all on you and if anything happens (an accident, etc) as a result of you answering that phone or texting, it's YOUR fault...you chose to use that phone without pulling over.

Please don't get me wrong - I know why you would -- for the work. I get it. But the judge won't care. You have a duty to follow the laws and mitigate your damages.

JMHO

Reply by ME/NJ on 9/19/13 1:58pm
Msg #485156

Re: I don't see them getting in hot water for sending you

Do search NJ people sending text or alerts can now be held liable.

Reply by ME/NJ on 9/19/13 2:00pm
Msg #485157

Re: I don't see them getting in hot water for sending you

http://www.cnn.com/2013/08/29/us/new-jersey-texting-crash-sender-liable/index.html

Just one of many news stories on it.

Reply by Calnotary on 9/19/13 2:09pm
Msg #485158

Re: I don't see them getting in hot water for sending you

How will TS will be liable if they sent you a text?? Crazy NJ law!

How they will know you are in the road? They just want to send you business.

Reply by ME/NJ on 9/19/13 2:15pm
Msg #485160

Re: I don't see them getting in hot water for sending you

I am a mobile notary, anyone of us can be on the road all day. This is something for legal teams to hash out and trust me lawyers are looking for a big name and deep pockets.

I may not agree, but NJ is taking it to them until things are changed.

Reply by Linda_H/FL on 9/19/13 2:16pm
Msg #485162

"How they will know you are in the road"

I agree - and like I said a good defense lawyer will get by that in a heartbeat.

It's not on them - it's on you the driver. YOU are liable for any injuries and/or damages resulting from your negligence - and texting (and possible cell phone use) while driving are illegal in your state and, therefore, by doing so you are negligent.

Throw all the articles you want at me - it is what it is. Good luck trying to blame someone else - not gonna work.

Reply by ME/NJ on 9/19/13 2:18pm
Msg #485164

Re: "How they will know you are in the road"

Like I said I agree, this is NJ and someone will win now that a judge opened up the can of worms.

Reply by Larry/IL on 9/19/13 2:19pm
Msg #485166

I doubt anyone will win against a sent text. n/m

Reply by Larry/IL on 9/19/13 2:23pm
Msg #485169

Re: I doubt anyone will win against a sent text.

Just because it may be a law does not make it constitutional. Laws like this from stupid states get appealed all the time. You can bet that it will be the person that picks up that phone when driving that will suffer.

Reply by ME/NJ on 9/19/13 2:29pm
Msg #485170

Re: I doubt anyone will win against a sent text.

Don't know about other states, driving in NJ is not a right it is a privledge given by the state. Like I said until law or judge changes it fair game.

Reply by Larry/IL on 9/19/13 2:55pm
Msg #485182

Re: I doubt anyone will win against a sent text.

Driving is a privileged in all states! A law implicating the sender of a text when some idiot may pick up their phone and cause injury to another is just stupid. It will be easily defended and surely be thrown out.

Not to sound harsh, but you really have been beating a dead horse for a while now and it sounds like your whining.

Not too long ago you were the only on on the board with work book up weeks in advance. This from a state that has about the same population as only 6 counties that make up my metropolitan area. Now you have no work and nothing better to do because of a single app from only one company? One has to wonder.

IMO it almost sounds like whining. I think if you use the time you take to post for finding new work perhaps that would be more beneficial to you.

It's time to find new work, a new industry or perhaps you should consider public aid, I hear it's easily abused these days.

Reply by ME/NJ on 9/19/13 3:01pm
Msg #485188

Re: I doubt anyone will win against a sent text.

Still doing well each month, I fight hard for lost business and a company that supplies me 40 plus signings a month. Did it back in January when they farmed out work and got it back. Yes I do get booked week or two in advance, not as much this month. Next week I have a bunch lined up ready to go.

Thanks for the thoughts...

Reply by jba/fl on 9/19/13 3:06pm
Msg #485191

Re: I doubt anyone will win against a sent text.

It is a priviledge almost everywhere that I know of. It is not a right to have a phone at your 24/7 disposal, nor a computer, etc., in your car to utilize while driving.

If you think you will be able to sway the judge that you were harassed by the texting, I think you are out of luck here too. It is up to you to take the responsibility to do the right thing. If I text you, how am I to know what you are doing at that moment? Phoning does not give me any knowledge of your activity either. It is YOU who is RESPONSIBLE for what YOU do....not me. Those electronic devices have off buttons and mute buttons for those situations. Pull over if you can't resist - get off the road.

Reply by jba/fl on 9/19/13 2:47pm
Msg #485174

It is still on the driver if person sending doesn't know. n/m

Reply by ME/NJ on 9/19/13 2:52pm
Msg #485179

Re: It is still on the driver if person sending doesn't know.

We are mobile notaries, business know we are on the road often. I would say 90% of my appointments are done on the road.

Reply by ME/NJ on 9/19/13 2:53pm
Msg #485180

We need Judge Judy..lol n/m

Reply by bagger on 9/19/13 4:14pm
Msg #485206

Re: I don't see them getting in hot water for sending you

That says "knowingly" sending a text!
In this case both parties were texting each other numerous times.
The sender KNEW that the RECEIVER was driving.
I see nothing wrong with this act.
TS doesn't KNOW if you are driving.

Reply by jba/fl on 9/19/13 4:17pm
Msg #485207

Re: I don't see them getting in hot water for sending you

In court the girl said she normally does 100 texts a day, stating that that is what kids just do. This I know to be true (as to what kids do). She also said she did not know he was driving....the judge believed her so she was not found culpable.

Reply by Alan Murray on 11/25/13 1:14pm
Msg #494011

Did you know there are apps that can read your email & text messages so you dont have to look at the phone. The can also be dangerous if you get a personal text or email an you did not want others to hear it.