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Send A Text To Someone Who Is Driving, You May Be Held Liable For An Accident


2012 Distracted Driving StatisticsA recent court decision may be an indicator of things to come.

According to the Daily Record, in 2009,  New Jersey teen Kyle Best, then 18, was texting and driving when he struck a motorcyclist with riders, David and Linda Kubert, on it.  Both of the Kuberts were severely injured.

The couple sued Best and later settled for $500,000.

Following the settlement, the couple’s lawyer sought a case against the person who sent Best a text just before the crash.

The couple’s lawyer claims that then 17-year-old Shannon Colonna “aided and abetted” Best by texting him while he was driving.  Records  showed that Best responded to a text from Colonna seconds before hitting the Kuberts and dialing 911.

In 2012, a New Jersey judge ruled in Colonna’s favor, but the case was appealed.

The appeals court found that while obeying the law while driving is the responsibility of the driver, two of the judges said Colonna had a responsibility to refrain from sending the texts if she knew Best was driving.

“We hold that, when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time,” two of the three Appellate Court judges said in a statement.

Ultimately, the judges found that there wan’t sufficient evidence to prove that Colonna knew Best was driving at the time, but many agree that the case sets a precedent for things to come and feel that this case is only the beginning.



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