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Texter not Liable for a Driver’s Crash, according to an NJ Judge

Manfred Ricciardelli
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Posted on May 30, 2012

As Manfred F. Ricciardelli, Jr., LLC previously reported, Linda and David Kubert were seeking justice in a secondary lawsuit for a 2009 car accident that resulted in both of them having parts of their leg amputated. However, the judge dismissed this lawsuit. This is believed to be the first case of this kind in the country.

According to a report from The Star-Ledger, the Kuberts were riding their motorcycle south on Hurd Street in Mine Hill when a pickup truck driven by Kyle Best who was 18 years old at the time collided with them. Best admitted in the initial lawsuit filed against him that he had looked down to respond to text messages sent by his then 17-year-old girlfriend, Shannon Colonna. Best’s truck struck the motorcycle and seriously injured the couple, which now both require prosthetic legs to replace the limbs lost in the accident. 

The Kuberts' lawyer says Colonna's text messages to Kyle Best played a role in the September 2009 wreck in Mine Hill. Stephen Weinstein, the Kubert’s lawyer, says he'll appeal the decision.

A lawyer for the injured couple argued that text messages from Shannon Colonna to Kyle Best played a role in the September 2009 wreck in Mine Hill. But Colonna's lawyer argued she had no control over when or how Best would read and respond to the message.

Texting and driving carries a $100 fine in New Jersey. But, the consequences of distracted driving can lead to much more than a simple fine. Drivers who text while they drive put themselves and others at risk for serious injury or death.

Find Out More from a Morristown Personal Injury Lawyer 

If you were injured in a car accident and would like to know your next best move, contact Manfred F. Ricciardelli Jr., LLC today at 877-360-0183 or 973-285-1100 to discuss your legal options.

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