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Judge: Text Sender Can't Be Sued in Crash

Girlfriend sent driver a text moments before crash

By Dustin Lushing,  Newser Staff

Posted May 25, 2012 4:28 PM CDT

(Newser) – Should the person who sends a text message to a driver be held liable if an accident occurs? A judge in New Jersey says no. He threw out a lawsuit today against a young woman who texted her boyfriend moments before he crashed into two motorcyclists, reports the Star-Ledger. "I find that there was no aiding, abetting here in the legal sense," declared Judge David Rand.

Kyle Best, 18 at the time, was texting with girlfriend Shannon Colonna right before he crashed into David and Linda Kubert, who were riding their Harley-Davidsons. Both Kuberts lost their left legs in the accident and sued Best and Colonna for damages. The judge dismissed the complaint against Colonna, while adding that "we expect more of our drivers" today because they are "bombarded with all forms of distractions. It's the reality of today's world."
The driver in the accident was reportedly driving with his elbows at the time of the crash.
The driver in the accident was reportedly driving with his elbows at the time of the crash.   (Shutterstock)
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COMMENTS
Showing 3 of 12 comments
FegelahBoychic2
May 26, 2012 4:34 AM CDT
Sounds like David and Linda Kubert tried to " get one leg up " on the law with a frivolous lawsuit.
Reader55549798
May 25, 2012 10:52 PM CDT
 jwheezy, texting while driving, or using a cellphone when driving, when there is a law on the books against it, shows intent to use a deadly weapon in an irresponsible way and contrary to the expressed law.  Texting, especially.  His partner in crime, knowing he was driving home and, should there have been a time stamped list of texts between the two while he was driving at his normal commute time home, also would have been connected to his 'conversation' during the time he was operating a motor vehicle thereby demonstrating SHE was aiding and abetting a dangerous and illegal activity.  It was HER choice to facilitate this interchange leading to the loss of the motorcyclists' limbs.  Directly.  It may not have been successful THIS time, but this is a legitimate legal avenue to follow and I look forward t o the day it becomes precedent.   The ONLY reason to talk on the cellphone or text while driving is selfishness and wanton disregard for others in your path.  As for the 'nanny state' whine, were it not for f**kups like this goober doing what he was doing and, this time, got his t*t in a wringer for it, there wouldn't need to be laws, for F*CK'S sake the idea that we would HAVE to have LAWS on the books banning this is a sign of the shallowness of the existing gene pool
dawnarun
May 25, 2012 10:10 PM CDT
I'm looking forward to the day that autonomous cars are the norm and everyone who'd rather be texting can do just that.

 
New Jersey • car accident • trial • lawsuit • driving while texting • Kyle Best • text messages • Shannon Colonna • David and Linda Kubert

 
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