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Couple who both lost a leg in crash sue student for sending messages to boyfriend (shortened title)
Daily Mail ^ | 5-24-2012 | Daily Mail Reporter

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 ...


TOPICS: Crime/Corruption; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: driving; sending; sue; texting
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To: Elderberry
When you text someone, how do you know you are putting someone in danger?

His GF wouldn't know but he would. If you are doing it while driving you are putting someone in danger. Period.

I always have to ask when I see it....WTF is so important? Put the damned phone away and concentrate on your primary task. Or pull over and make a damned phone call already.

21 posted on 05/24/2012 8:32:03 AM PDT by Bloody Sam Roberts (I will not comply. I will NEVER submit.)
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To: Elderberry
When you text someone, how do you know you are putting someone in danger?

Fricking scum-bag trial lawyers.

22 posted on 05/24/2012 8:33:03 AM PDT by TexasCajun
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To: servo1969

So, do we get to sue a billboard company in NJ if we look at it and have an accident?


23 posted on 05/24/2012 8:36:40 AM PDT by vetvetdoug
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To: Presbyterian Reporter
Show a pattern of negligent behavior on the part of the boyfriend and girlfriend and she will end up paying part of the judgment.

I hope you're wrong. She is in no way responsible for the details of the boyfriend's reckless behavior, even if she knew he was reckless. I hope the guy driving the truck pays as much as he deserves to be fined, which is a lot, but I don't think she has any more direct responsibility than the phone manufacturer and the wireless service provider.

24 posted on 05/24/2012 8:44:08 AM PDT by Pollster1 (“A boy becomes a man when a man is needed.” - John Steinbeck)
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To: Pollster1

I do not have a cell phone.

My question is this. Are text messages saved by the cell phone provider?


25 posted on 05/24/2012 8:47:52 AM PDT by Presbyterian Reporter
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To: Presbyterian Reporter

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.


You evidently don’t use texting.

I just checked, and on a light day since yesterday morning, my girlfriend and I exchanged 37 texts. Sometimes, one message is broken up into several texts. Other times, one might put quick smile into a text. I’ve been known to send “XOXOXO” as six texts!

60 texts in 18 waking hours means that there are about 3 texts per hour, so each text is expected to sit for 20 minutes before a reply, showing how its unreasonable for a texter to assume that a driver will read the incoming text before it’s safe to do so.

It’s absurd to blame the texter, any more than to blame someone who sends me a birthday card if I trip on the way to the mailbox.


26 posted on 05/24/2012 8:48:08 AM PDT by Atlas Sneezed (Hold My Beer and Watch This!)
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To: Presbyterian Reporter

Are text messages saved by the cell phone provider?


No, just like the data transmitted for a voice call.


27 posted on 05/24/2012 8:50:27 AM PDT by Atlas Sneezed (Hold My Beer and Watch This!)
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To: Presbyterian Reporter
62 messages that day.

Who the heck has that much to say, that can't wait?

Geez, some people need to get a life.

28 posted on 05/24/2012 8:52:22 AM PDT by wbill
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To: Elderberry

when you know they are in the process of driving a car

62 texts- she had to know he was driving

I presume that is why a lawyer took the case


29 posted on 05/24/2012 8:54:40 AM PDT by silverleaf (Funny how all the people who are for abortion are already born)
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To: Pollster1

The girl friend SHOULD be held responsible. In some small way. If it is proven that she knew he was driving and she contributed to his reckless and dangerous behavior, then she is an accessory.

Much in the same way a bar is responsible for plying some idiot full of alcohol and then letting him drive home at closing time only to crash into some innocent victim.


30 posted on 05/24/2012 8:54:45 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: dayglored

“But IMO, texting while driving should be illegal, period, end of story.”

It does not need to be outlawed, instead we just need to enforce the current laws. I advocate that any driver that causes physical injury or property damage should be prosecuted for the corresponding crime, for example vehicular manslaughter. That should be the case for ANY negligant behaviour whild driving.

The problem is that the only time we use these laws is when DUI is also a factor, so now we have a bunch of drivers that think the ONLY dangerous driving is DUI.


31 posted on 05/24/2012 8:57:43 AM PDT by CSM (Keeper of the Dave Ramsey Ping list. FReepmail me if you want your beeber stuned.)
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To: servo1969

The lawsuit against the girlfriend is an outrage. It is the DRIVER’S responsibility to avoid distractions.

She may or may not have known he was driving, but he could have been just as easily distracted by a text from someone who had no idea he was driving. Also, if you text someone while they are driving, you should be able to assume that they won’t read it while driving.

The lawyer’s “electronically present” argument is also a crock. If someone is sitting in the passenger seat, while I am driving and says, “Hey, look at this?” or “Read this?” and I take my eyes off the road to look at it, and an accident results, it is MY fault, not the passenger’s.

It would be different if the passenger created a distraction I could not avoid, by covering my eyes or waving something in front of my face while I was driving, but a text message is nothing like that.

An incoming text message is only a distraction if the driver CHOOSES to break the law and disregard safety to read it.


32 posted on 05/24/2012 8:58:03 AM PDT by Above My Pay Grade (The candidate I vote for will NOT have a CARE after his name.)
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To: Beelzebubba
They're saved, but it depends on your provider.

Ask Kwame Kilpatrick. :-)

33 posted on 05/24/2012 8:59:36 AM PDT by gura (If Allah is so great, why does he need fat sexually confused fanboys to do his dirty work? -iowahawk)
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To: Responsibility2nd
The girl friend SHOULD be held responsible. In some small way. If it is proven that she knew he was driving and she contributed to his reckless and dangerous behavior, then she is an accessory. Much in the same way a bar is responsible for plying some idiot full of alcohol and then letting him drive home at closing time only to crash into some innocent victim.

I disagree - very strongly. This overly broad concept of liability is a fundamental problem with our civil courts. Direct personal responsibility for reckless or negligent actions is one thing, but even there we go way too far. Even if she had some moral responsibility and morally "should" have held off on texting while he was driving, to hold that as a legal standard is an efficient way to enrich the tort lawyers, but it doesn't help society or any productive person. Similarly, I don't believe a bartender is responsible for the actions of a drunk who leaves while intoxicated and then drives. To attribute legal liability with only an indirect link goes way too far for me, and in my view for a free society. Whatever hypothetical social benefit we gain by making everyone their brother's keeper and holding them accountable in court is more than balanced out by the loss of personal freedom when we give the courts that much power. Your answer is, sadly, how our civil courts work. Mine is how they ought to work. Unfortunately, lawyers have far too much input in writing our laws, so your side is winning.

34 posted on 05/24/2012 9:48:10 AM PDT by Pollster1 (“A boy becomes a man when a man is needed.” - John Steinbeck)
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To: Pollster1

I hear what you’re saying, but laws have been on the books for centuries that punish accomplishes and accessories to crimes.

And while the GF didn’t drive the get-away car (so to speak), it could be argued that she did knowingly distract him and in some small way was a part of the crime scene.


35 posted on 05/24/2012 10:12:21 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: DManA
A very astute observation. Don't forget, if you have minor children you're two steps away from slavery because of their actions and I have yet to hear tort reform as a campaign platform.
36 posted on 05/24/2012 10:21:51 AM PDT by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: liberalh8ter

Everyone should have at least a $million umbrella policy. In one inattentive heart beat you could not only lose everything you own but everything you will ever earn.

Even more so if you’ve got kids.


37 posted on 05/24/2012 11:11:20 AM PDT by DManA
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To: Responsibility2nd
I hear what you’re saying, but laws have been on the books for centuries that punish accomplishes and accessories to crimes. And while the GF didn’t drive the get-away car (so to speak), it could be argued that she did knowingly distract him and in some small way was a part of the crime scene.

I have no problem with punishing a genuine accessory or accomplice to a crime. I have a huge problem with punishing someone financially based on a frivolous or trivial link to a reckless or negligent act. I would not prosecute the hardware store owner who sold Trayvon Martin a screwdriver used in a burglary, even if he should have suspected that Trayvon had little interest in home repairs. I would not prosecute the girl in the skimpy outfit who distracted another driver and "caused" an injury accident. Our laws have carried this concept way too far, and decent people need to push back against the frivolous abuse of our courts.

38 posted on 05/24/2012 11:29:46 AM PDT by Pollster1 (“A boy becomes a man when a man is needed.” - John Steinbeck)
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To: Pollster1

What if he sold him 62 screwdrivers?

Sorry. Don’t answer that. I’m being facetious. I do get your point. We are a sue happy society.


39 posted on 05/24/2012 11:50:05 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Responsibility2nd

I know about a family who successfully sued the store which sold their son the ammo he used when he committed suicide. I was sorry for their loss, but I failed to see how the store could have possibly known what the son planned to do. Apparently, a jury felt differently.


40 posted on 05/24/2012 12:12:39 PM PDT by Hoffer Rand (There ARE two Americas: "God's children" and the tax payers)
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