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 12 comments Comments The driver in the accident was reportedly driving with his elbows at the time of the crash. (Shutterstock) (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."