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Text Sender Sued for Allegedly Causing Driver to Crash

Discussion in 'Off-topic Zone' started by joseephuss, May 11, 2012.

  1. joseephuss

    joseephuss Well-Known Member

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    http://abcnews.go.com/blogs/headlin...r-sued-for-allegedly-causing-driver-to-crash/

    Text Sender Sued for Allegedly Causing Driver to Crash

    By Gillian Mohney
    May 8, 2012 3:15pm
    Text Sender Sued for Allegedly Causing Driver to Crash
    Email 3 Smaller Font Text Larger Text | Print

    A New Jersey judge will rule this month whether a woman who sent a text message to the driver of a pick-up truck is partially liable for his subsequent crash into a couple riding a motorcycle.

    The case stems from a 2009 accident when a then 19-year-old Kyle Best got into an accident while texting. Best was driving his pick-up truck and replying to a text he had just received from Shannon Colonna when his vehicle drifted into opposing traffic and slammed into David and Linda Kubert’s motorcycle.

    The couple’s injuries were horrific with David Kubert losing his left leg above the knee during the accident and Linda Kubert having her leg later amputated below the knee as a result of her injuries.

    After initially bringing a suit against Best for his role in the accident, the Kuberts’ lawyer, Stephen Weinstein, expanded the complaint to include Colonna as well.

    “They were texting back and forth like a verbal conversation,” Weinstein told ABCNews.com. “She may not have been physically present, but she was electronically present.”

    Weinstein says that Colonna should have known that Best was driving from work as she texted him since they had been corresponding for much of the day and she knew his schedule. Weinstein compared Colonna’s actions to that of a passenger who enables a drunk driver to break traffic violations.

    However, Colonna’s lawyer argued that the then 19-year-old should not be held accountable for the actions of a driver when she was not even present in the vehicle.
  2. Hoofbite

    Hoofbite Well-Known Member

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    Stupid.

    Take responsibility for your own actions.
  3. JBond

    JBond Well-Known Member

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    Greedy freaking lawyers. Now the person that sent the text is going to have to spend a small fortune defending herself. Asinine.
  4. joseephuss

    joseephuss Well-Known Member

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    Both the person who received the text and the person who sent the text were sued by the victims.
  5. burmafrd

    burmafrd Well-Known Member

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    you can bet she had done it before when she must have at least suspected he was driving. Have no problem with this at all.
  6. Hoofbite

    Hoofbite Well-Known Member

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    I read over it a little too quick. Thought the lawyer for the receiver was bringing the sender into the mix.

    Either way, it's absolutely ridiculous.

    Why not just extend the suit to AT&T or Verizon for providing the couple with the ability to text?
  7. Hoofbite

    Hoofbite Well-Known Member

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    That's pretty sad.
  8. rocboy22

    rocboy22 Active Member

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    so? he doesn't have to read the text and respond. If she is held accountable in any way for this, that is an extremely bad precedent to set.
  9. Lonestar94

    Lonestar94 Well-Known Member

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    Then your messed up. The guy driving needs to take responsibility for his actions.
  10. rocboy22

    rocboy22 Active Member

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    the guy driving has nothing to do with it. He can't make the lawyers for the people he hit not sue the girl.
  11. vta

    vta The Proletariat

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    I have a splitting headache. Who can I sue?
  12. Lonestar94

    Lonestar94 Well-Known Member

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    :huh: That's not what I meant.
  13. rocboy22

    rocboy22 Active Member

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    ok, well what did you mean??
  14. Doomsday101

    Doomsday101 Well-Known Member

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    The sender of the text was not at fault the man driving trying to respond is.

    This type of stuff is a waste of time in our courts
  15. Sam I Am

    Sam I Am Unfriendly and Aloof!

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    Cars should have mobile block / jamming system in them so any type of mobile voice / data doesn't work if the car engine is running. Sure it would affect passengers too, but I think it's completely worth it.
  16. Sam I Am

    Sam I Am Unfriendly and Aloof!

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    Yes for both. They really need to crack down on lawyers who file frivolous suits. Huge fines and up to and including disbarment.
  17. rocboy22

    rocboy22 Active Member

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    this. X100
  18. Hoofbite

    Hoofbite Well-Known Member

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    So if you are in danger and trying to drive away you have to shut the engine off to make a call?
  19. Lonestar94

    Lonestar94 Well-Known Member

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    Stupid
  20. rocboy22

    rocboy22 Active Member

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    yea, seemed not bad at first, but when you really think about it the idea is totally impractical

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