May 10, 2012
Text sender sued over crash
(UPI) -- A New Jersey couple is suing a woman who texted a friend when she knew he was at the wheel of a car.
David and Linda Kubert lost their left legs in 2009 when a car driven by Kyle Best hit their motorcycle. The Kuberts have sued Best, but say his friend Shannon Colonna shares legal responsibility for the crash, the New York Daily News reported.
Attorney Stephen Weinstein said Colonna was "electronically present" at the crash scene.
"I think any reasonable jury can determine that she had knowledge that when he text her and he said 'I'm back' she knew he was driving home for dinner because she spent the day with him," Weinstein said.
Best was fined $775 for using a hand-held cellphone while driving and two other motor vehicle violations. He was also ordered to talk to high school students about the risk of texting behind the wheel.
The Kuberts have become advocates for stricter laws about distracted driving since the crash.