In this digital age, can someone be held responsible for a car crash, even if they are not in the car? New Jersey residents David and Linda Kubert each lost a leg in 2009, when Kyle Best crashed into their motorcycle head-on while checking his text messages from his girlfriend, Shannon Colonna. The Kuberts’ lawyer amended the initial lawsuit to include Colonna for aiding in Best’s crash, though a judge this week may choose to dismiss her as a defendant. Colonna’s lawyer maintains that she is not responsible for when Best checks his text messages, and that she may or may not have known he was driving at the time. Furthermore, a time sequence of the texts read in court reveals that Best was the last one to text back – a contrast to his previous statement of simply “glancing down” to see who had sent him a text. Whether Superior Court Judge David Rand decides to dismiss Colonna as a defendant, the law is clear about driving and cellphones: it is simply against most state regulations, including California’s, to operate a hand-held cellphone while driving.

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