August 29th, 2013
03:30 AM ET

Texting someone driving in New Jersey illegal

We've all heard the dictum: Don't text and drive. Now, a New Jersey state appeals court has an addendum: Don't text a driver - or you could be held liable if he causes a crash.

Kyle Best was behind the wheel of his pickup in September 2009 driving down a rural highway, when Shannon Colonna sent him a text.

The two were teens at the time. He was 18; she was 17, and they were dating. They sent each other 62 texts that day, according to court documents. That's 14 messages an hour.

In the opposing lane of traffic, David Kubert was cruising along on a big, blue touring motorcycle with his wife Linda along for the ride. They approached Best at exactly the wrong time.

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Filed under: Accidents • Courts • Justice • Lawsuit • New Jersey • U.S. • World Update
soundoff (40 Responses)
  1. Zandie

    Driver fault. I never text and drive.

    August 29, 2013 at 5:32 am | Report abuse |
  2. Joey Isotta-Fraschini ©™

    Yesterday I called a friend's cell phone. I thought he was at home, but he answered at a supermarket and said he'd call me back. How could I have known where he was?

    August 29, 2013 at 6:41 am | Report abuse |
    • JeffinHouston

      You couldn't. He told you. Does nobody employ critical thinking skills anymore?

      August 30, 2013 at 10:31 pm | Report abuse |
  3. Juan Jiminez

    Tragic. Want more of a travesty? The current first la dy has twenty one staffers to help her and her alone to the tune of one and a half million a years when all others before her, except hilary(three), had only one. What a country. Can't make this stuff up folks and I only deal in facts so don't kill the messenger

    August 29, 2013 at 11:12 am | Report abuse |
    • Jennifer Rubin

      This is patently untrue. In recent years, the First Ladies have ALWAYS had more than one staffer; HRC had 19, and Laura Bush had...wait for many as Michelle Obama has; 22 staff members.

      August 29, 2013 at 11:18 pm | Report abuse |
    • Zandie

      Driver fault.

      August 30, 2013 at 7:36 am | Report abuse |
  4. saywhat

    After alcohol , texting is fast becoming a killer on the roads. This has to be curbed.

    August 29, 2013 at 12:50 pm | Report abuse |
  5. saywhat

    Question you Congress person on this@Juan. We should all use our right to hold public officials accountable.

    August 29, 2013 at 12:52 pm | Report abuse |
    • Juan Jiminez

      Damn skippy Saywhat! I literally just got off the phone with my senators office regarding my passionate disdain for obamacare. My right and I will be heard.

      August 29, 2013 at 7:32 pm | Report abuse |
  6. Jennifer Runin

    This should be the law in all 50 states. It would save countess lives.

    Juan: please provide a link. Facts should have supporting evidence. Thank you.

    August 29, 2013 at 2:20 pm | Report abuse |
    • Jennifer Runin

      ¤And countless lives.

      August 29, 2013 at 2:22 pm | Report abuse |
    • Juan Jiminez

      Oh and I stand corrected. She has twenty two staffers not twenty one

      August 29, 2013 at 4:31 pm | Report abuse |
    • Jennifer Rubin

      Thank you. Now I will look for it.
      Does someone asking for evidence typically cause you to get hysterical and over-react?

      August 29, 2013 at 6:38 pm | Report abuse |
    • Jennifer Rubin

      Additionally, attacking MONTH's orthodontia is shallow.
      "A foolish consistency is the hobgoblin of little minds."
      R.W. Emerson

      August 29, 2013 at 6:51 pm | Report abuse |
    • Jennifer Rubin

      ¤ MO's orthodontia. Autocorrect error.

      August 29, 2013 at 6:54 pm | Report abuse |
    • Juan Jiminez

      Hobgoblin. Don't know why that word cracks me up. And a million and a half dollars for someone that hold no office. Was not elected to anything. I can say what ever the hell I want since its our friggin money. Hysterical u say. How bout passionate. Yup. I think that's a more appropriate word miss Jennifer

      August 29, 2013 at 7:29 pm | Report abuse |
    • Jennifer Rubin

      I asked if you typically became hysterical and over-reacted when questioned on the sources to your posts; please re-read it.
      If you want to call your attention to Michelle Obama's teeth "passionate", I suppose that's your right.

      August 29, 2013 at 7:46 pm | Report abuse |
    • Jennifer Rubin

      I merely asked for a link, since in your words, "Can’t make this stuff up folks and I only deal in facts."

      August 29, 2013 at 10:56 pm | Report abuse |
    • Jennifer Rubin

      I looked this up, and I am not surprised to find that it wasn't true.

      August 30, 2013 at 11:54 am | Report abuse |
  7. Zandie

    Du.mb law. Why blame the texter?

    August 29, 2013 at 3:41 pm | Report abuse |
  8. banasy©

    I hope this happens nationwide.

    August 29, 2013 at 8:43 pm | Report abuse |
  9. chrissy

    Good idea actually. And i agree @ banasy. I only have one question. How do you know when you're texting someone, that that someone is driving??

    August 29, 2013 at 8:52 pm | Report abuse |
    • banasy©

      Well, obviously the sender doesn't, but through accident reconstruction and text records, it can be determined if one was texting when they got in the accident; witnesses, etc.

      August 29, 2013 at 9:11 pm | Report abuse |
    • banasy©

      If that someone gets into an accident, cell records and accident reconstruction; witnesses.

      August 29, 2013 at 9:19 pm | Report abuse |
  10. banasy©

    Don't post and drive, JR.

    August 29, 2013 at 9:28 pm | Report abuse |
    • Juan Jiminez

      Lol. Who's stupid enuff to actually do that. Post n drive. LMAO!

      August 29, 2013 at 10:18 pm | Report abuse |
  11. chrissy

    Lmao good catch @ banasy! Not me @ 9:16 of course. And i meant the person texting to the person driving may not know that person is driving!

    August 29, 2013 at 9:38 pm | Report abuse |
    • Larry

      Of course you wouldn't know. It is up to the driver to let them know, and they can check the texts after an accident to see if you were informed and kept texting them anyway. Such as this case.

      August 29, 2013 at 10:02 pm | Report abuse |
  12. chrissy

    So i see i was deleted as well eh? @ banasy, how would a person texting someone know that the other person is driving??

    August 29, 2013 at 10:15 pm | Report abuse |
  13. Hamsta

    One HUGE flaw with this law: HOW DO YOU KNOW IF THE RECIPIENT OF YOUR TEXT IS DRIVING OR NOT? Another stupid law written by stupid people and supported by more stupid people.

    August 30, 2013 at 3:19 am | Report abuse |
    • JeffinHouston

      The sender doesn't. If they are informed, keep texting anyway, abd help to cause an accident, they're liable. Do you not read???

      August 30, 2013 at 10:16 pm | Report abuse |
  14. Jennifer Rubin

    This law isn't stupid. Look at it this way: we have laws against driving under the influence, and seat belt regulations; it saves lives. Do you really think that driving and texting is safe?

    August 30, 2013 at 11:57 am | Report abuse |
  15. Jennifer Rubin

    If the stupid LS owner knowingly sold a drunk person more liquor and it is proven, yes, they can be held liable. Same as they do with bartenders at bars.
    Common sense would tell one not to drive and text. Most people lack common sense, so laws are enacted to protect innocent people. You don't have the right to kill people through your wish to text while driving.

    August 30, 2013 at 4:56 pm | Report abuse |
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