Earlier this month, we reported that a New Jersey couple was suing the man and the woman with whom he was texting for the motor vehicle accident that caused the couple to both lose their left legs. According to the decision made on Friday in the State Superior Court in Morris County, New Jersey, the woman cannot be held accountable for an “electronic presence” that caused the driver to crash into the couple.
The couple, David and Linda Kubert, argued that driver Kyle Best was replying to a text from his girlfriend Shannon Colonna before he drove his Chevy truck onto oncoming traffic and collided head-on with the Kuberts’ motorcycle. Their lawsuit also sought retributions from Colonna whom they claimed knew Best was driving and should be charged guilty for being “electronically present” in the accident. The New Jersey judge ultimately dismissed the case against Colonna since she cannot be held accountable for Best’s decision on when he should have read her text, reports CBS News.
Of course, it’s no surprise that the Kuberts’ argument seems rather flawed. If the judge ruled that Colonna is in fact responsible, every text message we ever send would become liable to whatever decisions the recipient makes while reading the text. While it seems fair to note that Colonna can be more careful, in the end, it was Best who committed the crime. A commenter in the original post also makes an interesting point that if an organization or educational institution — Virginia Tech, for example — sends out an alert of a gunman on campus, is it truly the recipient’s fault for reading said emergency text? Are there disclaimers by organizations that alert messages should be read in a more convenient time?
This unique case also brings up the concept of being “electronically present” during criminal activities. Rene Ritchie of iMore brings up a future situation: Could one truly provide electronic presence in robberies or homicides and be held accountable? How would those instances compare to a physical presence as a witness to a crime?
Best was 19 years old at the time of the accident, and had since pleaded guilty to three violations of New Jersey law. Perhaps we should continue to inform young people that texting and driving don’t mix the way Belgium has with its new drivers before they can get their licenses. Nothing is a better lesson than a first-hand experience.
It’s very likely that this suit was brought in their name by their insurance company in order to recoup what it paid out, whether they wanted it or not.
Once the insurance company enters the game, all sorts of things may happen.
Some years back, an article about insurance reform in on of the car magazines mentioned the case of a man who had to hire a lawyer in the name of his eleven-year-old daughter to sue him in order to get his insurer to pay for plastic surgery to repair a huge scar on her forehead, which was the end result of what the insurer was willing to pay for in medical benefits.
It’s tempting to call the driver stupid, but in reality he must be going through tremendous denial and guilt to even attempt such a ridiculous case.
Electronically Present…
Idiot! :S
wtf… Really? smh.. The person who brought this frivolous lawsuit should have to pay for the taxes that were spent adjudicating nonsense.
This is the only possible way for this story to end. Just because someone sends a text, they aren’t forcing the person to answer it, let alone *look* at it.
I feel for the couple looking to gain the rightful damages, but this was just an awful move I feel their lawyer probably pushed them to do.
You are probably right in the lawyer regard, too bad this backfired immensely.
omg thats just tooo stupid an greedy
Well this was a huge waste of resources… Seriously. How the hell would I know if someone is driving when I send a text message? Hell, I don’t even know it when they respond. I can have a whole conversation, and then ask “What are you doing?”. And they would tell me “driving”. I typically end the conversation there, by telling them to get at me when they get where their going. But to try to make me accountable for that? This country is failing…