The injuries are terrible and the driver who was texting while driving isn’t a part of this decision of the court. The court’s ruling dismissed the plaintiffs’ claims against the person who was not in the car, was not the driver of the car, but who was texting with the driver.
“A New Jersey Superior Court judge ruled today that a woman who sent a text message to her boyfriend while he was driving cannot be held liable for the motor vehicle accident he subsequently caused.”
That ruling makes sense from a legal standpoint as there has to be reasonable limits on what is and is not a proximate cause of an injury. Drivers must exercise judgment when driving, not someone outside the car.
“Weinstein said in a news conference that the Kuberts, who both became amputees as a result of the accident, "are understandably disappointed with the court's decision today," but that they plan to appeal it once the lawsuit against Best has been decided. The Kuberts recently moved to Florida from New Jersey for financial reasons and were just denied permanent disability status from an insurance company, Weinstein said.”