May 13, 2012--In 2009, Kyle Best caused a car accident when he was replying to a text sent by Shannon Colonna. Best's pick-up truck drifted into opposing traffic and crashed into David and Linda Kubert's motorcycle. The Kuberts both lost their left leg as a result of the accident.
The Kuberts sued Best, and recently, the complaint was expanded to sue another party who may be responsible for Kuberts' injuries, the sender of the text, Shannon Colonna.
A Judge will decide on May 25, 2012 as to whether Colonna can be held liable for the Kuberts' injuries. This is a case of first impression; hence, there is no prior case law on this issue.
The victims' lawyer argues that while Colonna was not physically present, she was electronically present. Colonna and Best were texting back and forth like a verbal conversation.
Colonna's lawyer argues that she owed no duty to the victims because she had no control as to when Best would read text messages.
The Judge is going to have to examine all the facts to make a decision. If the Judge decides that Colonna can be a responsible party for sending a text to someone behind the wheel, many more distracted driving accident lawsuits will be expanded to include the sender of a text who was not physically present.
If you were in a texting while driving accident and have questions about your accident, feel free to contact our New Jersey distracted driving accident lawyers. We would be more than happy to discuss your case and rights with you. 877.944.8396
Click here to read and learn about Pennsylvania's No Texting Law and Its Effects on Distracted Driving Accidents.