New Jersey couple David and Linda Kubert are suing Shannon Colonna for distracting Kyle Best while he was driving, leading to the motorcycle accident that took both of their left legs.

Best was driving his pickup truck home from work while exchanging text messages with Colonna. Their frequent messages took his attention away from the road, causing him to veer into the next lane, colliding with the Kuberts, who were riding their motorcycle.

In New Jersey, it is illegal to text while driving. The couple’s lawyer claims that the frequency of the messages they were exchanging mirrored a verbal conversation and that Colonna should be seen as “electronically present” when the accident occurred. Colonna’s lawyer disagrees, stating that a text message’s sender has a right to assume that the recipient will not respond to the message unless it is safe.

Distracted drivers have many dangerous behaviors. If you have been hurt by a distracted driver, contact the personal injury lawyers of Levinson Axelrod, P.A., at 800-346-5529.