Electronically Present

NON TEXTING and DRVING

Today (FRIDAY), we may have an answer about texting and driving- even if you're NOT behind the wheel.  This is a landmark lawsuit that could set a precedent.  18 year old Kyle Best of New Jersey was in his truck texting and driving.

Now BOTH texting and talking on a cell phone are BANNED in that state. But Kyle is doing it.

Meanwhile David and Linda Kubert are out for ride on their motorcycle.  They have no idea that in a few minutes they will cross paths....

Kyle is still texting... David and Linda come around the curve near their home...

Kyle looks down at his text. Altogether Kyle and his girlfriend have exchanged over 2 dozen texts... As Kyle responds to his 25th text, his truck begins to cross the center line and slam head on into David and Linda. 

The two are still alive; but David lost a leg and Linda had some broken bones.

Kyle pled guilty to using a handheld device while driving and was sentenced to a FINE of $775 plus he has been ordered to speak at 14 different High Schools about the perils of texting and driving.

BUT David and Linda are in court today With a civil suit that could also name Kyles girlfriend, Shannon, as a defendant as well because she was "electronically Present" at the time of the accident! 

 

Should she be included in the civil suit?  Or was it his responsibility to NOT answer while he was driving?