Post Date June 16, 2012 – A girl friend sending a text to her boy friend driving his car in the State of New Jersey has been proven not to be the cause of a car accident.  Although the vehicle’s driver is also being held responsible, a New Jersey Judge feels charging a person sending the Text is illegal.

Just recently, a New Jersey judge ruled that a person sending a message to a person who is driving a vehicle in the State of New Jersey shall not be held liable if that vehicles drivers has a crash while the driver is responding to that text message. This ruling came out after an injured couple sued a woman who sent a text message to his boyfriend who at that time was driving a car and caused the couple’s injuries. The case stemmed from an incident that took place in September 2009 in Mine Hill, New Jersey. The victims, David and Linda Kubert sued Shannon Colonna, girlfriend of Kyle Best to whom the motorcycling victims had an accident with. Kubert’s lawyer had argued in court that Colonna had played a role in the accident as she was sending text messages to Best while he was driving therefore causing the accident. Asking for Colonna’s liability to the accident from the jury, Kubert’s lawyer, Stephen Weinstein insisted that however the respondent is not physically present at the incident, she was still “electronic present”. Colonna’s counsel countered the argument saying their client does not have the control as to how and when Best would reply to her messages therefore she has no hand at the accident. Colonna also testified that at the time of her texting, she was unaware that Best was driving. New Jersey State Superior Court Judge David Rand sided with Colonna and dismissed the claims filed against her. The said accident had resulted to the amputation of Linda’s leg, while David also suffered serious leg injuries.

On the other hand, at the case filed against him, Best pleaded guilty to distracted driving and was ordered by the court to speak to students of 14 high schools on the dangers of texting while driving. In addition, the driver was also ordered to pay $775 in fines. The Kuberts and their lawyer who had been disappointed with the decision will file an appeal for their case.

-Mike

Michael E. Dortch
President &  Managing Agent
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