Hoovey689

iTrader: (16)

Woman sued for sending text message to driver who crashed

Hiring a lawyer is like hiring a hitman. Except it's not against the law. A lawyer's job is to exert your will on your legal opponent – and on the legal system itself. So it should come as no surprise to see this evolution of distracted driving case law: The victims of a traffic accident have filed a lawsuit against both the motorist and the woman he was texting with when he caused the crash, according to the Huffington Post.

Let's just state for the record that we have no horse in this race, which is not unlike any other personal injury suit in which the plaintiff's attorney rounds up anyone and everyone that might be named as a defendant. The difference here, however, is that this is the first time we're aware of someone being accused of being an accomplice to the breaking of distracted driving laws and causing a crash without even being in the car.

The driver, Kyle Best, a 19-year-old at the time of the accident, has already pled guilty to three violations of New Jersey law, including using a mobile phone while driving, careless driving, and leaving his lane, according to the report. Best hit a couple on a motorcycle with his pickup truck, resulting in both the man and woman losing their left legs. At the time, Best was exchanging text messages with Shannon Colonna, according to phone records.

The couple's lawyer is arguing that Colonna knew she was texting Best while he was driving, and that her behavior is no different than if she had been having a conversation with him in the car, according to the report. Her attorney, however, maintains that she can't be liable for the driver's decision to read the text when it was not safe to do so and that she did not realize the dangers of texting while driving. The judge in the case is expected to decide whether Colonna can be included in the suit on May 25, according to the report.

Certainly this case is a complicated one, and could have broad ramifications on distracted driving lawsuits as well as further legislation on the issue. If the plaintiffs' attorney is successful in bringing the texting woman into the suit, we can certainly expect that lawyers in other states which have texting bans will follow their lead.

http://www.autoblog.com/2012/05/09/w...r-who-crashed/

Jewcano

iTrader: (4)

She had NOTHING to do with it. He could have been texting the judge for all that they're concerned. He is the guilty party 100%. Whomever he was texting is in no way, shape, or form liable, nor should they be. This is just reaching out for more people to sue. If I were the judge in this scenario I would tell them to back down on pursuing the girl as she had nothing to do with his reckless driving.

Hoovey689

iTrader: (16)

everyday stupid things like this make me weep for humanity

xsh0tya

Amen... what annoys me is why is the judge having to deliberate on this? Just throw the motion out. Even if she knew its not like she made the driver read the text message. Thats like someone suing the author of a book, after a driver was reading while driving. A bit of a reach but still... stupidity. Shame on that lawyer by the way.

LexFather

Wow I had to read this like 3 times b/c that is ridiculous

aspeckt

wow that is absurd....

PhilipMSPT

iTrader: (5)

Why doesn't she sue cell phone companies and car companies instead?

She'll get more money out of it...

GS3Tek

iTrader: (8)

And the fact that the court system are too soft to even allow idiotic lawsuits like these.
They should make the person liable for filing and lawyers for representing petty lawsuits

I guess this is one way to keep everyone busy???

T0ked

iTrader: (2)

Wow, talk about frivolous lawsuits. What's disturbing to me is that the stupid judge has to think about it. As we know, anyone can sue anyone over anything. It's up to the judge to decide whether it's valid or not.

So this means if I decide to ogle some hootchie mama on the sidewalk because of her outfit and I ram into the car in front of me because I took my eyes off the road, she can be sued too? This is ridiculous.

And when is having a conversation in the car illegal? The person behind the wheel is ultimately responsible. Sounds like the victims just trying to sue anyone and everyone. I feel for the victims, but this kind of crap really pushes the limits.

greg0126

iTrader: (2)

What the motorcycle riders went through sucks, but suing the person that was texting the driver is ridiculous.

JessePS

Blame everyone else for your actions and not yourself. What a shame.

I8ABMR

I cant even believe how ridiculous this is. I am blown away

FrankReynoldsCPA

This is ridiculous. They should go after the driver for everything he is worth and more, but not the girl he was texting. What's next? A lawsuit against the maker of his car for not having a device that jams all cell phone communications? We've become a society that seeks to shift responsibility for everything onto somebody else.

Och

iTrader: (3)

Disbar the f__ing lawyer that filed the lawsuit and suspend him by his ********* from the Empire State building.

RA40

iTrader: (6)

America, the land of opportunity to pass blame.

There would and should be many in that situation. Just like the attorney who initiated the suit for a driver who was found to have been the cause of a collision. Police report verified who was at fault. The errant party and attorney are seeking damages from the innocent party.