David and Linda Kubert are a married couple that were seriously injured after they were hit by a teenager that was texting while driving. The couple have received a settlement of around $500,000.
This is the maximum amount that the insurance company is willing to pay, but they are still seeking further legal action. The couple were driving down a road in New Jersey in the fall of 2009 when 18-year-old Kyle Best was driving a truck with his elbows and hit them.
Right before the accident, Best sent a text message to his girlfriend Shannon Colonna. The lawyer for the Kuberts had argued that she was “electronically present” for the accident because she was engaged in a text message conversation with him. The Kuberts have filed a lawsuit against her too.
The judge dismissed the claim against her and said that she was no more responsible for an accident than a road-side billboard. AT&T has been pushing a marketing campaign that advocates not texting and driving.