When Can Sending a Text Land You in Court

Distracted driving laws are taking even greater measures to keep highways safe. Some states don’t even require you to be in the vehicle to face distracted driving charges. Shannon Colonna learned first-hand how seriously the state of New Jersey feels about distracted driving. Colonna was texting her boyfriend, Kyle Best, when Best hit two people on a motorcycle. The accident led to gruesome injuries.

The motorcycle riders, David and Linda Kubert, went to court. They not only sued Best, they also included Colonna in the lawsuit. Although it was not proven, the Kubert’s argued that Colonna knew Best was driving and she was distracting him and she was also responsible for their pain and suffering. The Kubert’s lost against Colonna, but settled with Best.

But it didn’t stop there. The Kubert’s appealed the decision against Colonna. This time, their attorney disputed that someone sending a text, knowing the other person was driving, should be treated the same as if she were in the car with him. This time the appellate judges agreed.

“We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted,” the court said.

However, because sufficient evidence proving Colonna knew Best was driving wasn’t provided, the Judges concluded she wasn’t responsible.

Although Colonna was found innocent, distracted driving laws are cracking down and many states treat distracted driving accidents as seriously as drunk driving. Last year, a Kansas City teen served time for texting while driving. Don’t contribute to distracted driving by texting someone you know is on the road.

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If you have had a Kansas car wreck injury that was not your fault and need medical treatment, you need an experienced professional who can help you get back on the road to recovery. Call us today at 316-269-1414 or visit our contact page here. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.

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