Texting with knowledge or with reason to believe the recipient will view the text while driving can be the basis of liability for a car accident, a New Jersey appeals court ruled in a case of first impression. “The sender has knowingly engaged in distracting conduct, and it is not unfair also to hold the sender responsible for the distraction,” the Appellate Division said while holding harmless the texter in the case at bar, Kubert v. Best — the first known instance in the country of a court finding a basis for texter liability for accidents.