Posted on 05/24/2012 7:47:11 AM PDT by servo1969
Full title - Can you be blamed for texting a driver? Couple who both lost a leg in crash sue student for sending messages to boyfriend, 18, before he hit them with his truck
A couple who each lost a leg after a driver careened his truck into their motorbike is suing the man's girlfriend for texting him while he was behind the wheel.
David and Linda Kubert, both 59, were in Mine Hill, New Jersey when they saw Kyle Best, then 18, looking down at a text message as he swerved towards them.
After the September 2009 crash, police discovered he had exchanged 62 texts with his girlfriend that day, and he admitted he had been looking at his phone moments before he lost control of the car.
(Excerpt) Read more at dailymail.co.uk ...
When you text someone, how do you know you are putting someone in danger?
Slavery is not dead in America. Everyone is one judge’s decision away from being a slave to another citizen for life.
There are distractions while driving a car--a bee can enter an open window, a rock can hit and crack a windshield, and a warning light can appear suddenly on the dashboard. All can be distractions, but it is up to the driver alone to maintain control.
Apparently the theory of P’s case is that she knew he was driving when she texted him. I think they have a serious issue with both duty (element 1 of a negligence action) and proximate cause (element 3). My assumption is that boyfriend doesn’t have enough liability insurance to suit the plaintiffs’ attorney.
I guess the *girlfriend* wore the pants in that relationship... at least, the pants with the *deepest pockets*.
But IMO, texting while driving should be illegal, period, end of story.
I tried to do it a few times in the past. It's scary. I'll never do it again.
Pull over and THEN text.
common sense was lost long before the legs were
Stoopit lawsuit and should be dismissed.
Sad outcome though.
I guess the *girlfriend* wore the pants in that relationship... at least, the pants with the *deepest pockets*.
The only reasonable explanation.
I think you’re right.
If she did indeed know he was driving, I think she might be held liable for some very small percentage of blame and damages.
I mean a SMALL percent. Like no more than 10%.
That a ridiculous stretch.../sigh.
That’s why they invented Bluetooth and voice texting. Not only should it be illegal, but make the penalty at least $5,000 to scare people and jail time. No one is going to be concerned about a small fine.
Nah. Texting means you can read it later. Like email.
careless driving is already illegal
Her parents must have money
so now liability extends to something somebody else did.
This is just an insurance fishing expedition.
“”After the September 2009 crash, police discovered he had exchanged 62 texts with his girlfriend that day, and he admitted he had been looking at his phone moments before he lost control of the car.””
How many of those text messages stated that he was driving at the time?
Given there were 62 messages the probability of her contributing to the negligence increases. And if her parents have deep pockets that further increases her being sued.
A scrupulously fair man myself, I demand that both the ditzy girl, her boyfriend, and both sets of parents and their undoubted boyfriends and girlfriends, be shot. The American gene pool needs protection from these people.
If any of them have tattoos, shoot'em again.
62 messages that day.
How many messages in the days before? What was the boyfriend doing while receiving and sending text messages with his girlfriend in the days before the negligence?
It is my observation that kids are addicted to their cell phones and texting. 62 messages on the day of the accident may have been a light day.
Show a pattern of negligent behavior on the part of the boyfriend and girlfriend and she will end up paying part of the judgment.
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