We recently discussed the financial responsibility faced by distracted drivers, or employers of distracted drivers, who injure others in automobile accidents while driving and texting. In a recent New Jersey appellate case that has implications for Ohio drivers, the court took a step forward in defining potential liability of those who text someone they know to be driving.
In Kubert v. Best, decided in August of this year, the Superior Court of New Jersey heard an appeal from the trial court from plaintiffs who sought to attach a defendant who had been texting the man who grievously injured them while texting with her.
In 2009, David and Linda Kubert were riding their blue touring motorcycle when an oncoming pickup truck crossed the centerline and struck them. Kyle Best, who was 18 years old at the time, was at the wheel. Engaged in a text conversation with a friend, Shannon Colonna, he drifted out of his lane just seconds after he sent a text to Ms. Colonna.
In the accident, Mr. and Mrs. Kubert both lost their left legs. During the trial, Mr. Best testified he did not text while driving but admitted it when presented with telephone records.
Ultimately Mr. Best settled the car accident claim with Mr. and Mrs. Kubert and the trial court found Ms. Colonna did not have a legal duty to avoid texting Mr. Best. An appeal court found the following:
- Ms. Colonna was not liable for injuries to Mr. and Mrs. Kubert as it is not known whether she knew Mr. Best was texting.
- The court concluded that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.
While this is a New Jersey case, it provides potent precedence of concern for the devastating consequences of distracted driving in Ohio and elsewhere in the U.S.
Do not drive and text, and for everyone’s sake, do not text anyone you know is driving. If injured in a vehicle accident in Cincinnati, seek reputable legal counsel by a car crash lawyer.