Darci Marchese, wtop.com
WASHINGTON – Those who text behind the wheel and cause an accident can expect to be found responsible.
But what about the person who sent the text to the driver?
A New Jersey judge will tackle that question later this month, when he rules on whether a teenager who texted a driving friend is partly liable for the crash.
Kyle Best, who was then 19 years old, got into an accident in 2009 while texting. According to ABC News, 19-year-old Shannon Colonna was the one who sent the message.
Best’s pick-up truck drifted into opposing traffic and slammed into the motorcycle of David and Linda Kubert.
Both Kuberts lost their left legs in the crash.
The couple’s lawyer claims Colonna, the texter, knew her friend was driving to work and is partly responsible for the crash.
After bringing a lawsuit against Best, lawyer Skippy Weinstein expanded the complaint to include Colonna.
Weinstein tells ABC News, “She may not have been physically present but she was electronically present.”
The Morris County Superior Court Judge is expected to make a ruling May 25.
(Copyright 2012 by WTOP. All Rights Reserved.)