Under a novel legal theory on distracted driving moving through the courts, a person who texts a driver could be held liable for a crash, too.

The idea that the sender is no less responsible than the driver first surfaced in New Jersey. Now it’s being tested in a lawsuit arising from a fatal crash in western Pennsylvania that prompted lawmakers to impose stricter penalties for distracted driving. Gov. Tom Wolf (D) signed a measure into law last week that could add five years behind bars for a driver involved in a fatal crash who was texting and driving.