personal injury law

Article written by: Annie Reynolds

New Jersey Texter Not Liable for Car Crash A New Jersey Judge has ruled that a woman who texted her friend while he was driving may not be held liable for a car crash he caused while responding to her text. Last week, New Jersey State Superior Court Judge David Rand dismissed all claims against the woman filed in a lawsuit by the crash victims, David and Linda Kubert. In September of 2009, Kyle Best, then 21 years old, was driving his truck home from work near Mine Hill. During this time, Best was texting his friend, Shannon Colonna, who allegedly knew that Mr. Best was driving throughout their text conversation. Best, allegedly distracted by his phone, crossed the double yellow line and struck a motorcycle, seriously injuring David and Linda Kubert. The Kuberts filed a lawsuit against both Best and Colonna in New Jersey State Court. The Kuberts attorney argued that Colonna should have known that Best was driving and that texting him at this time was a dangerous activity that could cause injury to others. He argued that although Colonna was not in or near Bests vehicle, she was electronically present and contributed to the cause of the collision. Colonnas attorney argued that there was no way Colonna could know or control when Best would read and respond to the text messages. Judge Rand dismissed the causes of action against Colonna, holding that finding Ms. Colonna liable was expanding liability too far. However, Judge Rand stressed that his decision was not intended to minimize the dangers of distracted driving. The Kuberts will likely appeal this holding to the New Jersey Appellate Division Court.

Annie Reynolods is a plaintiffs attorney

in Philadelphia, Pennsylvania. Annie is an advocate for those seriously harmed by negligent actions of others.

Sheridan & Murray LLC

1600 Market Street, Suite 2500 Philadelphia, PA 19103 866-INJURIES
or

866-465-8743

www.SheridanAndMurray.com

personal injury law

Article written by: Annie Reynolds

Best pleaded guilty to distracted driving and was ordered to pay fines and speak to high school students about the dangers of texting and driving. The Kuberts civil charges against Best remain. If you or someone you know has suffered serious injury as a result of driver negligence, you may want to consider contacting a personal injury attorney to explain and protect your rights.

Annie Reynolods is a plaintiffs attorney

in Philadelphia, Pennsylvania. Annie is an advocate for those seriously harmed by negligent actions of others.

Sheridan & Murray LLC

1600 Market Street, Suite 2500 Philadelphia, PA 19103 866-INJURIES
or

866-465-8743

www.SheridanAndMurray.com