» Sender of Text Message Not Liable in Automobile Crash

Sender of Text Message Not Liable in Automobile Crash

Chicago, IL (Law Firm Newswire) July 25, 2012 – It should be common knowledge that using a cell phone while driving is dangerous. Drivers who make phone calls or send text messages take their minds off the task at hand, and can cause serious traffic accidents. But a recent New Jersey case tested the theory that the sender of a text message can be held liable for a collision caused by the recipient of the message. The short answer, according to Superior Court Judge David Rand, is no.

Linda and David Kubert were on their motorcycle in Morris County, New Jersey, on September 21, 2009, when they were struck by a pickup truck. They claim they saw the driver, Kyle Best, steering with his elbows while looking down at his cell phone. The two each lost a leg in the crash. They sued not only Best, but Shannon Colonna, who sent a text message to Best shortly before the crash. Judge Rand ruled that Colonna could not be held liable, as she had no way of knowing when Best would read the message.

“Although the text sender was not held liable in this case, this is a reminder that cell phone use while driving, like all forms of distracted driving, is a major safety issue,” said Robert Briskman, a Chicago car accident attorney with Briskman Briskman & Greenberg, a Chicago personal injury law firm.

Best pleaded guilty to three citations. He will pay $775 and speak at 14 schools about the threat to safety that is posed by texting while driving.

Records indicated that Best responded to a text message from Colonna just seconds before he called 911 to report the collision. Judge Rand agreed with Colonna's attorney that she cannot be held liable for sending the text message. The Kuberts' lawyer said they plan to appeal. The case is believed to be the first of its kind.

To learn more about Chicago car accident lawyer and Chicago personal injury attorney, Paul Greenberg, visit http://www.briskmanandbriskman.com or call 877-595-HURT (4878).

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
Facebook: Like Us!
Google Places: Contact a Chicago personal injury lawyer from Briskman Briskman & Greenberg on Google Places!

  • Illinois police investigate seven vehicle pileup on Tri-State Tollway
    Eight people were injured in a chain-reaction collision involving multiple vehicles on the Tri-State Tollway near Gurnee, Illinois, on the evening of September 19. According to Illinois State Police, a semi-truck crashed into a line of cars stopped in slow-moving traffic on Interstate 94’s far right westbound lane. The accident occurred close to Six Flags ...
  • Was This Chicago Accident Preventable?
    In this episode of Chicago Injury Alert, we look at whether increased stop signs and traffic lights can prevent future car accidents.
  • Neighbors Ask Whether Collision in Chatham Could Have Been Prevented
    On the night of Tuesday, September 13th, an 11-year-old girl was struck by an SUV and pressed against a porch in the Chatham neighborhood of Chicago. She was walking into a snack shop in the neighborhood, at 80th and Vincennes, when the accident occurred. She suffered head trauma and could not breathe without assistance. She ...
  • State Governments Rolling Back Workers’ Compensation Protections
    In Illinois and other states around the country, workers’ compensation is under attack. A recent investigation by NPR and ProPublica found that since 2003, more than 30 states have enacted legislation that either cuts benefits for injured workers, makes it harder to qualify for compensation, or creates obstacles to obtaining medical care. The federal Occupational ...

See other news sources publishing this article. BETA | Tags: , , , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required