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 Bests crash, though a judge this week may choose to dismiss her as a defendant. Colonnas 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 Californias, to operate a hand-held cellphone while driving.

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