Woman Sued For Causing Accident By Texting Driver

Woman Sued For Causing Accident By Texting Driver

Texting while driving is illegal in 38 states, but a pending court case in New Jersey may determine whether there are legal ramifications to texting someone when they're behind the wheel.

In 2009, Kyle Best got into a car accident while replying to a text sent by Shannon Colonna.

Best, who was 19 at the time, was behind the wheel of his pick-up truck and, as he texted, drifted into opposing traffic and slammed into David and Linda Kubert's motorcycle.

The Kuberts both lost their left legs as a result from the collision and have brought a suit against Best for his role in the injury.

 


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SteveSteve - 5/10/2012 12:29:51 PM
+8 Boost
In my anything but humble opinion, I believe that I, as the driver and operator of a motor vehicle, am the sole decision-maker. When I enter the vehicle, I (and only I) decide if I want to turn my phone off. If I receive a call or text while driving, I (and only I) decide if I want to reply to it now. Those are the facts!

We must forget those facts if we wish to implicate the person on the other end in any way. In essence, we must believe that the "other guy" shares responsibility in my decisions. If this is true, then car repair garages must share the blame if a vehicle owner chooses not to keep his vehicle in good repair because "I'd have it fixed if only the prices were more affordable." Yup, it's the garage's fault that I'm driving on bald tires and worn brakes.

The people of the United States are the all-time champs of "not my fault" thinking, and we have more lawyers per capita than any other place in the world to prove it.


HoustonMidtownHoustonMidtown - 5/10/2012 3:22:20 PM
+2 Boost
Skippy Weinstein - LOL


ThierryHenry14ThierryHenry14 - 5/10/2012 4:25:28 PM
+3 Boost
Stephen Weinstein should get disbarment for filing a frivolous lawsuit. Am I supposed to know what every single one of my friends and families are doing before I text them? Well, if I knew, then there would be no reason to text or call them.


USNA1999USNA1999 - 5/10/2012 5:10:08 PM
+4 Boost
Why can't they just have a normal conversation TALKING on the phone vice TEXTING! This is why BLUETOOTH exists.
I hate frivolous lawsuits but I am tired of driving around idiots that are texting while driving. What can be that important that you would put a text before safety.
Hopefully, they hammer all these idiots and make it a law making it illegal to text while driving.


JRobUSCJRobUSC - 5/10/2012 6:25:16 PM
+1 Boost
you're missing the point. The kid driving the car is definitely at fault for texting and driving, and he's being sued. ALSO being sued is the girl who was texting back and forth with him, who was not in the car. That's the question here -- should the third party texting the driver be responsible for the fact that the driver chose to read and respond while driving? Personally I think that's ridiculous and I expect the judge will throw out the case against her.


ThierryHenry14ThierryHenry14 - 5/11/2012 11:50:58 AM
+2 Boost
Its just ridiculous for that to even be an issue. And I absolutely agree that it is solely up to the driver whether or not to respond to the text. He, and he alone, was the decision maker on whether or not to text the girl back, and therefore, it is his sole responsibility. Frivolous lawsuit!


lexusrox123lexusrox123 - 5/10/2012 8:00:32 PM
+2 Boost
This is laughable. The driver has a choice whether to look at the texts on his phone or not. It;s not as if he absolutely must respond to a text while driving.

People are stupid


ThierryHenry14ThierryHenry14 - 5/11/2012 11:52:31 AM
+1 Boost
Agreed. If its that freaking important, the girl would have called...


MorePowerMorePower - 5/11/2012 6:26:06 AM
+1 Boost
This case is STUDPID and a waste of the court's time. It is the responsibility of the driver to operate his/her vehicle safely. This includes not answering or responding to any stimuli that would cause a distraction or loss of control of the vehicle.

I will not say that the plaintiffs are bad people, but their lawyer/attorney is a scumbag! This sounds like an allred case.


MercBasherMercBasher - 5/11/2012 10:57:36 AM
+1 Boost
Generally I agree with the comments above suggesting its a frivolous lawsuit ... though I'd have to see the actual text messages between the driver and the girl before being 100% sure ... if guy told the girl he was driving and texting [and/or she became aware of it] and she still continued texting, then I think it might be a good thing for society if she were held partly accountable. Something needs to be done to stop the scourge of dangerous texting - related driving!


ThierryHenry14ThierryHenry14 - 5/11/2012 11:54:55 AM
+1 Boost
I see your point, but I must respectfully disagree because regardless of what the person behind the wheel said, he is resposible for picking up the phone and texting in the first place. All of this may have been avoided had he allowed the text to go unanswered, but I do see your point.


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