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Justified or Not? Suing Text Sender in Distracted Driving Case

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Justified or Not? Suing Text Sender in Distracted Driving Case

 
Old 05-23-2012, 07:05 AM
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Default Justified or Not? Suing Text Sender in Distracted Driving Case

http://www.cbsnews.com/8301-505263_1...ash/?tag=stack



(CBS News) If you're texting while driving and you have an accident - it's your fault. But what about the person who was texting with you? That question is at the heart of a lawsuit in New Jersey.

David and Linda Kubert's lives were shattered in seconds -- about the time it takes to send a text message.

"This is a senseless crash that didn't have to happen," David said.

Accident photos tell the story. On September 21st, 2009, the Kuberts were riding their motorcycle about a mile from their New Jersey home. A Chevy truck swerved across the center line and hit them head-on. And they saw it coming.

"What I saw was a gentlemen in the truck steering with his elbows, with his head down. And I could tell he was text messaging," David said. "I looked down after the impact and my leg was torn off. I asked my wife is she was ok and she told me the bones of her leg were through her pants."

Both Kuberts lost a leg in the crash.

Kyle Best, then 18, pleaded guilty to three motor vehicle violations, including using a handheld device while driving.

he Kuberts are now suing him as a distracted driver for civil damages -- and in a novel twist -- are also suing Shannon Colonna, his girlfriend, for sending him text messages while he was driving, and distracting him. Phone records show they exchanged 62 texts that day.

Skippy Weinstein, the Kuberts' lawyer, argues Colonna was "electronically present" in the crash. He says she should have known Best was driving home as they exchanged text messages leading up to the crash. She says she "may have known" he was driving.
What's your take? Personally, I think it's outlandishly stupid and makes me I'm all for suing the driver, but c'mon.
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Old 05-23-2012, 07:07 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

The person sending the text didn't force the driver to check it. It would still be there when he stopped....
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Old 05-23-2012, 07:08 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

This is a money grab, the driver probably has shitty liability coverage, so the victims are attempting to get at the GF for money. She's probably underage, so therefore, it's her parents assets at possible risk.

That its happening in NJ doesn't surprise me in the least. Liberal ****hole.
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Old 05-23-2012, 07:12 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by newt2 View Post
The person sending the text didn't force the driver to check it. It would still be there when he stopped....
agreed

My boss and I have been talking about this, and he believes it's good thing they are suing her, "to send a message". i don't agree with that at all.


Originally Posted by FrreeeBird View Post
Liberal ****hole.
I respect your opinion, man, but please don't turn it in to one of those threads. Because we all know what will happen next, then bam, the intent of the thread is dead, and it's spiraled into a political **** fest.
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Old 05-23-2012, 07:12 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by newt2 View Post
The person sending the text didn't force the driver to check it. It would still be there when he stopped....
This.

But what about these newer cars with Bluetooth integration that displays texts on the nav screen? :philosoraptor:

People just need to learn to drive.
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Old 05-23-2012, 07:18 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by 816d16 View Post
I respect your opinion, man, but please don't turn it in to one of those threads. Because we all know what will happen next, then bam, the intent of the thread is dead, and it's spiraled into a political **** fest.
Don't tread on me.

:coolface:
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Old 05-23-2012, 07:19 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

This is why I hate people. They should also sue the phone carrier for allowing the phone to recieve texts. The phone should know when it's in a car and not let them go through.

How stupid are people? Really???????????? I hope they lose. Suing the driver is one thing, I agree with that.
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Old 05-23-2012, 07:29 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by furious94ls View Post
This is why I hate people. They should also sue the phone carrier for allowing the phone to recieve texts. The phone should know when it's in a car and not let them go through.
Definitely sue the car manufacturer for not installing a texting-while-driving-vehicle-immobilizer-gadget.

Then sue the city for not having an officer on duty pursuing the roads to pull him over and fine him for texting while driving.

Then sue the ****ing parents, because they probably pay his cell phone bill, and they should not have included a texting plan.
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Old 05-23-2012, 07:31 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Who the hell looks at their phone when driving? I can't stand when I get texts/phone calls while driving. I put that **** on silent. The ringing interferes with the vtak orchestra going on.

It will be difficult to form a case against the GF, since the negligent act was on the part of the driver.
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Old 05-23-2012, 07:35 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

You know what's even more distracting than a text message? A 600 billion candle power ****ing neon sign 20' off the highway. I can't stand that ****. I should swerve my vehicle off the road and smash it into a bunch of trees, then sue the **** out of everyone involved with the making of that ****ing sign.
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Old 05-23-2012, 07:38 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Case against the driver? Certainly.

Case against the GF is absurdly laughable, but because this is America, she will likely be liable for punitive damages.
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Old 05-23-2012, 08:08 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Lawyers: making a mockery of the legal system one frivolous lawsuit at a time.
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Old 05-23-2012, 08:13 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

dumb
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Old 05-23-2012, 08:16 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by Chief Brody View Post
Definitely sue the car manufacturer for not installing a texting-while-driving-vehicle-immobilizer-gadget.

Then sue the city for not having an officer on duty pursuing the roads to pull him over and fine him for texting while driving.

Then sue the ****ing parents, because they probably pay his cell phone bill, and they should not have included a texting plan.
This isn't as far fetched as it may sound...
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Old 05-23-2012, 08:17 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

I think the kid should sue his parents for bringing him into a world where he would get sued.
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Old 05-23-2012, 08:40 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Someone should also sue the oxygen for allowing the data to be transferred to the phone.

Cliffs: Emerica
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Old 05-23-2012, 09:13 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

This is why I miss my old flip phone. I could type out whole conversations by feel, only glancing down after every few words to make sure it was spelled correctly. New smart phones are horrible, with no tactile feedback so you are forced to glue your face to the screen.
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Old 05-23-2012, 09:18 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by CBS News
Both Kuberts lost a leg and a brain in the crash.
Fixed that article.
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Old 05-23-2012, 09:34 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Just saw this on HLN, all the people around me said things varying from "bullshit", "****ing bullshit", frivolous bullshit all the way to just sighing.

IMO, frivolous lawsuit.
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Old 05-23-2012, 09:39 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by GoodEyeSniper View Post
This is why I miss my old flip phone. I could type out whole conversations by feel, only glancing down after every few words to make sure it was spelled correctly. New smart phones are horrible, with no tactile feedback so you are forced to glue your face to the screen.
Speech-to-text doe?
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Old 05-23-2012, 09:42 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by newt2 View Post
The person sending the text didn't force the driver to check it. It would still be there when he stopped....
This. Leave the girl alone, and sue the dumbass who hit them.


They're lucky they lived.
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Old 05-23-2012, 10:34 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Originally Posted by 816d16 View Post
...

What's your take? Personally, I think it's outlandishly stupid and makes me I'm all for suing the driver, but c'mon.
Completely agreed. It's utterly stupid and the lawsuit will be epic fail.
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Old 05-23-2012, 10:39 AM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

While on the subject of NJ, texting while walking banned in Fort Lee lol

http://abcnews.go.com/blogs/headline...w-jersey-town/
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Old 05-23-2012, 01:17 PM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

ignorance that it should even be allowed to go to court, should you sue a radio station when they put a song you wont want to hear and you change the channel and get in a wreck
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Old 05-23-2012, 01:19 PM
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Default Re: Justified or Not? Suing Text Sender in Distracted Driving Case

Person sending the text didn't know they were driving, also the driver didn't have to check it.
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