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August 22, 2012

Couple Receives $500,000 Settlement in Texting and Driving Lawsuit

By Rory Lidstone, TMCnet Contributing Writer

Texting and driving is a relatively recent phenomenon mostly prevalent in younger or teen drivers, who are used to a world in which texting is very common. Indeed, 43 percent of teens admitted to texting and driving in a study conducted by AT&T earlier this year, while 60 percent of respondents said they've witnessed a friend doing the same.



Unfortunately, awareness of the problem hasn't been enough to prevent texting and driving-related accidents from occurring. Indeed, today a married couple that was severely injured when hit by a teen who was texting and driving settled for $500,000 compensation. According to the couple's attorney, this was the maximum amount the teen's insurance provider was willing to pay.

The couple is seeking further legal action, however.

Apparently, David and Linda Kubert were riding their motorcycle in New Jersey during the fall of 2009 when Kyle Best, then 18 years old, drove a truck right into the couple. Allegedly, Best was steering the truck with his elbows.

Best had been texting at the time of the crash, as records show that he sent a text to his girlfriend Shannon Colonna seconds prior to it. The Kuberts' lawyer even argued that Colonna was "electronically present" for the accident, and aimed to pursue legal action against her. The judge dismissed this claim, however.

Fortunately, a number of areas in the U.S. are taking a tough approach to texting and driving, often banning it outright, as is the case in Silver City, New Mexico. The Silver City Town Council passed an ordinance earlier this month which makes texting and driving within its city limits illegal.

Specifically, the ordinance prohibits "dialing or entering data into a cellular device or radio telephone, or reading data, while the vehicle is in motion upon a street or roadway within the town." There was one exemption to this rule, however, as "Calling 911 or #611 while driving in order to request roadside assistance or to report an emergency or crime being committed shall be exempt."

Want to learn more about the latest in communications and technology? Then be sure to attend ITEXPO West 2012, taking place Oct. 2-5, in Austin, TX.  Stay in touch with everything happening at ITEXPO (News - Alert). Follow us on Twitter.




Edited by Brooke Neuman
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