A couple that sustained life-altering injuries during a 2009 car accident caused by a texting teenager is seeking to hold the person the driver was texting liable for their injuries by adding them as a defendant in a personal injury lawsuit.
In the unprecedented move, David and Linda Kubert allege that because Kyle Best and Shannon Colonna were exchanging texts at the time of the accident, Colonna was “electronically present” in Best’s vehicle, according to the New Jersey Law Journal. They further allege that she was aware or should have been aware that Best was driving.
The Kuberts say they are trying to broaden a “firmly ensconced” cause of circumstances with liability predicated on conventional tort concepts such as proximate cause and foreseeability of harm, according to the New Jersey Law Journal.
If you or a loved one has been injured in a car accident caused by distracted driving, contact Sokolove Law for a free legal consultation and to find out if a product liability lawsuit may be able to help you. Call us today at (800)-561-7154.