You Be the Judge: The Case of the Second Texter

Is the person who sends a distracting text just as responsible for 
a car accident?

By Vicki Glembocki
Also published in Reader's Digest Magazine April 2014

steering wheel phoneNoma Bar for Reader’s Digest

David and Linda Kubert were riding together on David’s motorcycle in Morris County, New Jersey, late in the afternoon on September 21, 2009. As the couple, then both 56, rounded a curve, David saw a truck heading directly toward them. He couldn’t swerve in time, and the two vehicles collided. When David regained consciousness, he realized he was lying on the ground, and his left leg was gone, completely and permanently severed during the crash. The bones in Linda’s left leg were shattered. Doctors amputated her leg later that night.

Eight minutes before the collision, then-18-year-old Kyle Best clocked out of his job teaching swimming at the YMCA and slid behind the wheel of his father’s Chevy pickup. He said he sent a few texts while sitting in the parking lot, then headed to his parents’ house for dinner. While on the road, he sent two texts, the last one eight seconds before dialing 911 to report that he’d been in an accident: His truck had veered over the centerline and struck a couple on a Harley.

In June 2010, the Kuberts sued Best for driving in a negligent and careless manner. Attorneys settled the lawsuit two years later. Best’s 
insurance company paid the couple $500,000. Best pleaded guilty to 
distracted driving, but his license was never suspended. He paid $775 
in fines.

At the same time, the Kuberts’ attorney, Skippy Weinstein, was also building a case against then-17-year-old Shannon Colonna, Best’s girlfriend, who had been texting Best at the time of the crash. In a first-of-its-kind lawsuit, Weinstein claimed that Colonna was also liable for the crash because she was “aiding and abetting” by being “electronically present” in the truck.

“Why wouldn’t the person he was texting with—who knew that he 
was driving at the time—be as responsible as he is?” Weinstein asked.

Colonna’s attorney, Joseph McGlone, maintained that Colonna did not know that Best was driving nor that he was reading the texts while driving. “A person might get a text and not read it for three hours or even for three days,” McGlone noted. “How would the texter ever be able to know whether or not someone read the text while driving?”

Should Shannon Colonna be held responsible for a car accident that occurred as she was texting the driver? You be the judge.

Next: The Verdict

  • Your Comments

    • Michelle Ou

      One cannot possibly be involved in an accident just by sending a text since he/she could reply anytime they choose. The driver who texts or even glances at their phone should be blamed for their own actions.

    • Jo

      People need to be responsible for their own actions. You should not be texting while driving – period. Tired of stupid people blaming others for their poor decisions. Lawyers and judges just exacerbate the problem

    • Molly OKami

      If someone sends you a text, you can ignore it. Even if you can PROVE that the sender KNEW that the reader was busy at the time, the receiver is responsible for being irresponsible. The sender may send a distraction, but it’s the receiver who chooses to make it a distraction.

    • jhg6

      Unless the person texting has some sort of video surveillance in the vehicle, how would they know if the person they are texting is driving? People that have cell phones need to turn them off while driving, and only look at them when they are in a safe location. The guy that was texting, and driving, is 100% responsible for his own behavior. No one can make him look at his cell phone while he is driving, or doing anything else, for that matter.

    • AZ-Pete

      How the person sending the TXT msg know what the receiver is doing? Seems like a case of trying to share the blame…..

    • leelaa

      I also think that the new second person texting law is insane, how is one to know if the person on the other end is driving or if they will even pick up there phone. It is the responsibility of the person driving not to text or look at there phone while driving.