[Dead Man]

Source: HuffPo

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. Now, in what could be a precedent-setting case, lawyer Stephen "Skippy" Weinstein has expanded the complaint to also include Colonna. "They were texting back and forth like a verbal conversation," Weinstein told ABC News. "She may not have been physically present, but she was electronically present." Not surprisingly, Colonna's lawyer, Joseph McGlone, is arguing that his client shouldn't be part of the suit. On Friday, he asked Morris County Superior Court Judge David Rand to dismiss charges against Colonna, saying she owed no legal "duty of care" under the facts of the case, the Morris County Daily Record reported. "The sender of the text has the right to assume the recipient will read it at a safe time," McGlone argued in court. He said there is no court ruling anywhere in the country that says a text-sender is liable if the receiver causes injury while reading the message. "It's not fair. It's not reasonable. Shannon Colonna has no way to control when Kyle Best is going to read that message," McGlone said. Although Colonna said in a deposition that she didn't know whether Best was driving when she texted him on Sept. 21, 2009, she also said she "may have known." Weinstein pointed out that Colonna didn't seem to realize the dangers of texting while driving or texting someone who is driving. "What I found interesting was her testimony at depositions that this is what teenagers do," Weinstein told WABC-TV. Evidence in the case shows the pair exchanged more than two dozen texts during the day and Weinstein argued that Colonna should have been aware Best was driving when he resumed texting her after staying off the phone about five hours while he worked. According to a deposition, Best said that at the time of the crash he glanced down at his cell to see who texted him, but a time sequence of the exchanged texts read in court show he was the last to text before the crash. McGlone told the court that cellphone analysis showed that Best texted Colonna seconds before 5:48 p.m. She responded 31 seconds later. Best texted her back, and seconds later he called 911 to report the collision. According to the sequence, there was no intervening text from Colonna between Best's last text to her and his 911 call, the Daily Record reported. Earlier this year, Best pleaded guilty in Montville Municipal Court to three motor vehicle summonses that arose from the crash: using a hand-held cellphone while driving, careless driving and failure to maintain a lane. Although his driver's license was not suspended, Best's punishment included $775 in fines and he was ordered to speak to 14 high schools about the perils of texting and driving. Judge Rand is expected to make his ruling on May 25 about Colonna’s potential liability in the accident but, meanwhile, McGlone argues that case law examples do not support the duty of care Weinstein contends Colonna should have shown. A passenger, for example, can be held liable for a crash if he encourages a young driver to speed or ignore traffic signals, but Colonna had no control over Best's conduct since she wasn’t in the car, he said.

So... the judge is going to laugh this out of court, right?

[Escape Goat]

I hope so. What the hell is this...i dont even

[chris.trejo]

That's stupid you can't force the other person to read your text when they are driving, if the driver wants to be an idiot about it that's on them.

[LuchaShaq]

I refuse to text my gf back when I know she's driving because I know she will answer it /rage.

That said completely the drivers fault.

Should be laughed out of court.

Might as well sue his cell phone manufacturer/carrier for allowing texts to be sent while driving.

Or sue his parents for not raising their son not to do stupid shit.

[Cyan]

Really they should sue the phone company for letting the text go through.

[Ignis Fatuus]

If she knew he was driving, I don't really see a problem with this. It's not a criminal case, it's civil. Can't stress that distinction enough. It's like providing someone with alcohol when they're at the wheel. I think any victims would have a case, or at least the right to bring one.

[iamcenok]

OH COME ON.

[lethial]

The stupidity of the argument gave me a heart attack so I'm suing Dead Man for damages.

[StickSoldier]

Lol that's gotta be a fucking joke right?

[xxracerxx]

I can see this only being valid if she knew explicitly that he was driving while texting with him.

Otherwise this world is fucking ridiculous.

[ColtraineGF]

So what, she made him read the texts while driving?

Even if she knew he was driving, it's still a text. He is in the situation of responsibility, he should know not to answer. Same if it was a regular call.

[Escape Goat]

If she knew he was driving, I don't really see a problem with this. It's not a criminal case, it's civil. Can't stress that distinction enough. It's like providing someone with alcohol when they're at the wheel. I think any victims would have a case, or at least the right to bring one.

So hes suing her because he was harmed for doing something of his own free will? How does that make any sense?

[CrazyDude]

If she knew he was driving, I don't really see a problem with this. It's not a criminal case, it's civil. Can't stress that distinction enough. It's like providing someone with alcohol when they're at the wheel. I think any victims would have a case, or at least the right to bring one.

It's still ridiculous. He can't wait till he is done driving to check it? This is totally the driver fault, and no one else.

[DiscoJer]

Being old, I don't understand why people do this (text in real time) instead of you know, actually talking to each other over voice.

I could see it if you were in class or something. But outside or driving, isn't it just easier to talk to the person?

[spiderman123]

So hes suing her because he was harmed for doing something of his own free will? How does that make any sense?

It doesn't the guy is a moron...

[Ignis Fatuus]

So hes suing her because he was harmed for doing something of his own free will? How does that make any sense?

What? The people who lost their legs are suing because they were harmed by something two people were doing.

It's still ridiculous. He can't wait till he is done driving to check it? This is totally the driver fault, and no one else.

It'll be up to the plaintiffs to show a preponderance of evidence that she was actively engaging in the exchange while knowing that he was doing so at the wheel. It depends on the facts of the case.

[Escape Goat]

What? The people who lost their legs are suing because they were harmed by something two people were doing.

No, it was something the guy was doing. lol. I can't believe I'm having this discussion.

[Copernicus]

What asshole types stuff up whil

[Dead Man]

The stupidity of the argument gave me a heart attack so I'm suing Dead Man for damages.

Shit, I'm fucked. Better hope I get a good judge!

[Ignis Fatuus]

No, it was something the guy was doing. lol. I can't believe I'm having this discussion.

You said "hes [sic] suing her because he was harmed". I think you need to reread the article. I can't believe I'm having this discussion.

[Dead Man]

What asshole types stuff up whil

*smirk*

[shira]

Being old, I don't understand why people do this (text in real time) instead of you know, actually talking to each other over voice. I could see it if you were in class or something. But outside or driving, isn't it just easier to talk to the person?

A text is forever. You can relive the conversation over and over

[Escape Goat]

You said "hes [sic] suing her because he was harmed". I think you need to reread the article.

Fine, the suit was expanded to include her. Does that make your assertion right? No.

Thats not even relevant to your position that the girl is liable. He had the option to not respond to teh text until it was safe to do so. He was in control of the vehicle, not her.

[Ignis Fatuus]

Fine, the suit was expanded to include her. Does that make your assertion right? No. Thats not even relevant to your position that the girl is liable. He had the option to not respond to teh text until it was safe to do so. He was in control of the vehicle, not her.

Again, if the plaintiffs can show a preponderance of evidence that she knew she was actively texting someone who was at the wheel, then they have a case. Just like someone handing alcohol to a driver. It's up to them to prove that case, but they certainly have the right to bring it. I don't see what's so difficult to understand about this. Though we've already established that you're not big on reading.

[UFRA]

Fucking ridiculous.

If the judge supported this extremely stupid request to hold her accountable, then where would it end? Even emails would not be safe, since people can read those via phone too.

I'm sure it won't hold water, but wow that this asshole is even trying it.

[Dead Man]

Again, if the plaintiffs can show a preponderance of evidence that she knew she was actively texting someone who was at the wheel, then they have a case. Just like someone handing alcohol to a driver. It's up to them to prove that case, but they certainly have the right to bring it. I don't see what's so difficult to understand about this. Though we've already established that you're not big on reading.

Unless the person is in the car when they send the text, that will be very difficult to demonstrate. And even if they were, there is nothing about sending a text that involved coercion of the recipient to read it right away.

[Sean]

Texting while driving is illegal in New Jersey. He didn't text her while he was at work, and he shouldn't have texted her while he was driving either.

100% the drivers fault IMO.

[Escape Goat]

Again, if the plaintiffs can show a preponderance of evidence that she knew she was actively texting someone who was at the wheel, then they have a case. Just like someone handing alcohol to a driver. I don't see what's so difficult to understand about this. Though we've already established that you're not big on reading.

You're not very big on critical thinking. Handing someone alcohol? LOL. YOU choose to drink and then you CHOOSE to drive.

But what evidence could possibly make this girl liable? Just think of something in some fictitious scenario.

[Reallink]

Girl should counter sue the plaintiff and attorney for harassment, slander, libel, frivolous litigation, and anything else she could pile on for her fees, lost wages, and emotional damages.

[Fusebox]

They should sue England for creating the English language!

[shira]

Fucking ridiculous. If the judge supported this extremely stupid request to hold her accountable, then where would it end? Even emails would not be safe, since people can read those via phone too. I'm sure it won't hold water, but wow that this asshole is even trying it.

Well it was a continuous text conversation, not just one text out of the blue

[Ignis Fatuus]

You're not very big on critical thinking. Handing someone alcohol? LOL. YOU choose to drink and then you CHOOSE to drive.

And the person who knowingly got you intoxicated at the wheel could certainly see a lawsuit. Herp derp, next time read the OP before getting all dismissive and angry to cover your ass.

[UFRA]

Well it was a continuous text conversation, not just one text out of the blue

Even then, unless he mentioned in one of his replies "im currently driving while we talk" or something, how would she know?

[Bumblebeetuna]

If they get the text records and it shows she knew he was driving while they were texting back and forth, I have no problem with them suing. If nothing else it can be a deterrent to other young idiots.

[Escape Goat]

And the person who knowingly got you intoxicated at the wheel could certainly see a lawsuit. Herp derp, next time read the OP before getting all dismissive and angry to cover your ass.

Why do I have to cover my ass for again?

[THE NO LIFE KING]

Oh hey, this story is from my neck of the woods. This is gonna be interesting case to follow. The couple that got hit in that accident, goes around to different schools now and lecture kids about texting and driving. That shit is straight up dangerous around here lately plus with the way people drive in Jersey. You gotta be watching your ass at all times.

[Fusebox]

Opening an envelope and reading your mail while driving is dangerous too, but you can't sue someones gas company because they crashed into you while checking their bill.

[Log4Girlz]

Sadly, this is not the dumbest lawsuit I've ever heard of.

[Hieberrr]

I don't understand why people feel compelled to talk and/or text on their phones while driving. Why?!

[Sean]

Even then, unless he mentioned in one of his replies "im currently driving while we talk" or something, how would she know?

Even if he texted her that he was driving, most people would assume the driver is stuck in traffic or at a red light or something.

[abusori]

Wow...
What a load of bullshit. Can you imagine people getting sued left and right just for texting? Unless the person says something, like 80% of the time (pulled that number outta my ass obviously) you aren't going to know where they are. Why should you be considered to have had any responsibility if they choose to read it at a stupid time?

[Professor Beef]

Extending the lawsuit to her is a crock of shit. I can't believe the lawyer is even trying this.

[Aylinato]

And the person who knowingly got you intoxicated at the wheel could certainly see a lawsuit. Herp derp, next time read the OP before getting all dismissive and angry to cover your ass.

So a person on the phone with someone who gets in an accident is liable? (hint::no) and this case::NO

[Socreges]

Extending the lawsuit to her is a crock of shit. I can't believe the lawyer is even trying this.

Not to suggest that there aren't lawyers out there with scruples, but... really? You can't believe it?

I wonder if the two were arguing in the text messages. Otherwise he'd have to be an even bigger asshole to throw the relationship (however minor) under the bus like this, all in a pathetic attempt to have her help him cover the damages.

[zoukka]

I've never gotten over the cat in the microwave.

[wondermega]

this really is the dumbest thing I have read all day. All week.

[sankt-Antonio]

There really is a Defence Force for everything, LOL.

[Diablos]

Every fucking week I encounter more and more people texting while driving, even my fucking neighbor. It has to stop. It's a fucking epidemic at this point.

[davepoobond]

we should blame the earth because he was driving on it and it didnt stop him before he hit a car

[Horse Detective]

This is the dumbest fucking thing I have ever read.