Can Sender of Text Be Held Liable for Fort Myers Distracted Driving Accident?

by Carmen Dellutri on June 11, 2012

Fort Myers car accident attorneyAs Fort Myers accident attorneys, we have been closely monitoring a personal injury lawsuit in New Jersey. The case made national headlines last month after the plaintiffs sought to hold the sender of a text liable for a distracted driving accident.

David and Linda Kubert both suffered severe injuries when Kyle Best swerved onto the wrong side of the road and struck the couple on their motorcycle. The teen admitted he had glanced at his cell phone just before the accident.

While the lawsuit initially only named the teenage driver, it was later amended to include the teen who was texting him at the time of the crash. The lawsuit claims that Shannon Colonna aided and abetted Best’s negligence by texting him when she knew or should have known he was driving.

Last week, Morris County Superior Court Judge David Rand granted summary judgment dismissing the claims against Colonna, finding she had no duty of care under the facts of the case. In issuing his decision, Rand said it's reasonable for text message senders to assume the recipients will act responsibly, and that texters have no ability to control when and wear a recipient will read the message.  Rand further noted that drivers encounter numerous other distractions while driving.

"Were I to extend this duty to this case, in my judgment, any form of distraction could potentially serve as the basis of a liability case," Rand said.

The Kuberts' attorney said his clients plan to appeal the ruling. He also stated that despite the dismissal, the Kuberts "are gratified if by bringing the case, it has accomplished the goal of making people think before they text whether while driving or to someone who is driving."

Source: Fox News

The Dellutri Law Group is focused on making bad situations better and putting lives back together. If you or someone you love has been seriously injured in a Fort Myers accident caused by someone else’s negligence, you may be entitled to compensation.

To learn more about your legal options, contact our experienced Fort Myers accident attorneys for a free consultation. 

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