Text Sender Not Liable for Accident

The ramifications of texting while driving are extensive. Statistically, the facts are through the roof on the distractions caused by using a cell phone while driving and texting is the worst offender. Texting while driving increases the odd of being in an accident by 23 times. Those who are killed in accidents involving a driver who was distracted by a cell phone is a whopping 18%, according 2009 stats from the NHTSA.

David and Linda Kubert, of New Jersey is well aware of what the outcome of such events can be. They were involved in an accident on September 21, 2009 in which they were struck head on by a pickup truck that crossed over the center line and struck the motorcycle they were riding. The driver was reported to have been head down and steering with his elbows when the accident occurred. The couple each lost a leg in that accident. The person the driver, Kyle Best, was texting was his girlfriend.

The Kuberts sued Mr. Best and his girlfriend for the accident.  They feel that the person sending a text to a driver should be held responsible as well as the driver themselves. New Jersey Judge, David Rand, did not agree. "Drivers are bombarded with all forms of distractions," Rand told the courtroom. "I find that there was no aiding, abetting here in the legal sense. I find it is unreasonable to impose a duty upon the defendant in this case under these facts. Were I to extend this duty, in my judgment, any form of distraction could potentially serve as basis of a liability case."

While the outcome of this case was not what the Kuberts had hoped to achieve, in the end they are hoping it will at least bring the case to light and make others aware of what the results could be when sending a text to someone they know is on the road.