In September 2009, David and Linda Kubert were riding their motorcycle when a teenager, Kyle Best, who was texting while driving, crashed into them. Both David and Linda lost a leg in the accident–David’s leg was torn off above the knee during the crash and Linda eventually had to have her leg amputated. Following the accident, the couple moved from Dover to Florida, where they continue to struggle financially because neither has returned to work. The couple subsequently filed a lawsuit against Best.
The Kuberts recently settled with Best for $500,000, which is the maximum payment that Best’s insurance carrier would cover. While the parties have settled, the Kuberts are still planning to appeal the judge’s ruling that Best’s girlfriend, Shannon Colonna was not liable in the accident. The Kuberts believe she is liable because she sent Best a text message prior to the crash and he was responding to her message when he injured the Kuberts. The Kuberts believe that her text messages play a role in the accident because she “should have known Best was driving and texting her at the same time.” The Kuberts attorney argued that Colonna was “electronically present,” while Colonna’s attorney argued that Colonna had no control of when Best would read and return her message and that she was unaware that Best was driving when she sent the message. This is believed to be the first case of its kind in the United States.
Best has pleaded guilty to numerous charges, including distracted driving, use of a cell phone while driving and “acknowledging a series of text messages he exchanged with Colonna around the time of the accident.” According to phone records, Best responded to a text from Colonna before dialing 911. The court ordered Best to speak to 14 high schools about texting while driving and to pay $775 in fines. Best did not lose his license.
2 hurt by NJ text-messaging driver settle lawsuit, www.miamiherald.com August 21, 2012.
Texting while driving has become an increasing problem all over the nation, particularly in South Florida, and remains one of the leading causes of death for teenagers and young adults. The Broward motorcycle accident attorneys at the Friedland | Carmona understand the frustration that auto accident victims deal with after being injured by a negligent driver who had been texting at the time of the crash. The Miami expert insurance litigation lawyers have devoted over twenty years to helping auto accident victims recover compensation for medical expenses, lost wages and pain and suffering. If you or a loved one has been injured in an accident with a driver who was texting while driving, call (305) 661-2008 today for your free consultation! Don’t hesitate!
The Miami motor vehicle accident lawyers at the Friedland | Carmona handle all types of personal injury accidents throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including wrongful death, defective products, medical malpractice, slip and falls and construction site injuries. Call today and let our family take care of your family!