New Jersey couple suing woman for texting driver who crashed into them

New Jersey couple suing woman for texting driver who crashed into themAfter losing their legs in an unfortunate traffic accident, a New Jersey couple is seeking legal retribution against the motorist and the women he was texting before he crashed, reports the Huffington Post.

The accident occurred back in 2009 when Kyle Best, who was 19 years old at the time, replied to a text sent from Shannon Colonna. Best was behind the wheel of his truck when he drifted into oncoming traffic while texting — slamming into David and Linda Kubert’s motorcycle in the process. The couple suffered severe injuries and both lost their left legs as a result of Best’s negligence.

According to the report, Best has already pleaded guilty to three violations of New Jersey law, including using a mobile phone while driving, careless driving, and failure to maintain a lane. His punishment so far has included $775 in fines and to undergo community service by speaking at 14 high schools in regards to the dangers of texting and driving.

In addition to their claim against Best, the Kuberts have also sought legal retribution against Colonna who was texting Best moments prior to the accident.

But why charge Colonna when she wasn’t directly involved in the accident or even in the car? The couple’s attorney argue that Colonna was aware she was texting Best while he was driving, and that while she may not have been physically present, she was in fact “electronically” present and thus bears partial responsibility.

Of course Colonna’s lawyer argues to the contrary, that any charges against Colonna are not only ridiculous, but unfounded and that she cannot be held responsible for Best’s decisions while behind the wheel. Moreover, he has argued that Colonna was fundamentally unaware of Best’s decision to read the text while it was unsafe to do so.

The judge overseeing the case is expecting to make his final ruling on whether or not Colonna will be included in the suit on May 25.

Currently, texting while operating a motor vehicle is illegal in 38 states. This case however may spark a widespread legal precedent and determine the ramifications, if any, texting someone while they’re driving may carry. In addition, because of the Kuberts’ lawsuit, we could very well witness more robust legislation regarding distracted driving laws. As it stands now, there is no court ruling establishing any degree of fault for sending a text message where a recipient causes injury while reading said message, but that just might be changing soon.

What do you think? Did Colonna play a role in distracting Best and should she be held legally responsible? Why? Why not? Sound off in the comments section below:

[Image credit: Shutterstock/Marquis]

Cars

Bosch, Daimler team up to deploy autonomous Mercedes-Benz S-Classes in San Jose

In 1986, when Bosch and Daimler joined an autonomous car research project, the technology seemed overly futuristic. Now, the partners are aiming to make a production self-driving car by the early 2020s.
Movies & TV

The best shows on Netflix, from 'The Haunting of Hill House’ to ‘The Good Place’

Looking for a new show to binge? Lucky for you, we've curated a list of the best shows on Netflix, whether you're a fan of outlandish anime, dramatic period pieces, or shows that leave you questioning what lies beyond.
Home Theater

The best movies on Netflix in November, from 'The Witch’ to ‘Dracula’

Save yourself from hours wasted scrolling through Netflix's massive library by checking out our picks for the streamer's best movies available right now, whether you're into explosive action, witty humor, or anything else.
Cars

Safety driver in Waymo autonomous car causes collision with biker

Safety drivers are supposed to take control of a self-driving car when a potentially dangerous situation occurs during road tests. But a recent takeover by a Waymo driver resulted in an accident with a motorcyclist.
Cars

Thinking of driving for Uber? These cars are safe, comfy, and fuel-efficient

Uber is a viable means for making money on the side, but you won't earn much if all of your profits are going direct toward fuel and maintenance. Thankfully, these five cars are a perfect fit for those looking to shuttle passengers from…
Cars

Ambitious but not rubbish: The best 'Top Gear' episodes

Since its relaunch in 2002, 'Top Gear' has become required viewing for any serious gearhead. The great moments from this show may seem too numerous to count, but we've managed to pick some of the highlights from the first 25 seasons.
Emerging Tech

Awesome Tech You Can’t Buy Yet: 1-handed drone control, a pot that stirs itself

Check out our roundup of the best new crowdfunding projects and product announcements that hit the web this week. You may not be able to buy this stuff yet, but it sure is fun to gawk!
Cars

Camaro vs. Mustang: Differences and similarities between two premier pony cars

The Chevrolet Camaro and the Ford Mustang are two of America's favorite sports cars. In this comparison piece, we highlight the main differences between the two machines when it comes to their design and performance, among other factors.
Cars

Roborace wants human drivers and machines to work together

Roborace believes the future of racing is autonomous, but it's keeping human drivers in the picture for now. For its first race season, Roborace will use a car called DevBot 2.0 that can be driven by humans or machines.
Cars

Tesla raises prices and simplifies options on Model S and Model X

Tesla is making changes to its offerings of the Model S and Model X. The lower-range 75D models will increase in price, while the higher-range 100D models will decrease in price.
Cars

Tesla brings track mode to Model 3 Performance

The new Track Mode introduced for the Tesla 3 Performance model adds stability to the drive while you're behind the wheel and is specifically designed for driving on closed track courses.
Cars

Jaguar’s rally-ready F-Type roadster is happiest off the pavement

Jaguar is celebrating the XK120's 70th birthday by turning the F-Type roadster into a rally warrior. Built to FIA specifications, the model receives suspension and braking upgrades plus a full roll cage to protect the occupants.
Mobile

Lyft’s new rewards program promises ride discounts and comfier cars

If you're always hopping in and out of a Lyft car, then you'll be pleased to hear that the ridesharing service is about to launch a rewards program. Perks include discounts on future trips and upgrades to comfier cars.
Cars

Study suggests autonomous cars could become red-light districts on wheels

Fully autonomous cars can change the way we commute, but they can also have a far-reaching impact on the tourism industry. Two researchers published a study that outlines how self-driving technology could create a new dimension in tourism.