On Sept. 21, 2009, a nineteen-year-old man struck a couple on a motorcycle while texting behind the wheel of his car. Now, the couple is attempting to sue the woman who was sending the messages to the man, saying that she was encouraging his distracted driving.
Kyle Best, the driver in question, admitted that while looking down at his phone he drifted across lanes and struck David and Linda Kubert while they were riding on a motorcycle. The couple both sustained very serious injuries, and each of them lost a leg as a result of the accident. Best was sentenced with a $750 fine, and was ordered to speak at 14 high schools about the perils of texting while driving.
The Kubert’s are still going after Best with a personal lawsuit, which was amended to include Shannon Colonna, the woman on the other side of the conversation. The argument against her is that it is the text senders responsibility to know that the recipient of the message is driving, and that encourages dangerous driving. Colonna’s lawyer has called for her to be dismissed from the lawsuit, as it is understood that the receiver of a text message has a responsibility to read the message when safe.
The judge is expected to rule on the dismissal on May 25, and if Colonna is not dismissed from the case, this could set a new precedent in distracted driving accidents. Whether she is dismissed or not, this case serves as a reminder that texting while driving takes two, and if you know that you might be aiding in distracted driving, you should not be sending that text.
[Source: Daily Record]