Two Hurt by NJ Text Messaging Driver Settle Lawsuit

A Smart Teenager...No Longer An Oxymoron
Taylor Dawn Fortune / / CC BY-NC-ND

A husband and his wife were riding a motorcycle in September 2009 when they were struck by a car driven by a male driver, who was said to be texting at the time of the accident. The New Jersey couple sustained almost identical serious injuries. The husband’s left leg was torn off above his knee during the crash, while the wife had her left leg amputated later due to severe damage.

Fox News reports that according to law enforcement officials, the couple recently settled their lawsuit against the reckless driver who was reportedly texting his girlfriend at the time his car collided with the couple’s motorcycle. The badly injured pair will reportedly receive $500,000, the maximum amount allowed by the driver’s insurance policy.

As reported by media, the couple moved from New Jersey to Florida after the accident in September 2009, and claim to be struggling with paying their bills since they were not able to work after losing their limbs.

The driver held responsible for the collision pleaded guilty of the violation on distracted driving. He was ordered to pay $770 and to speak to high school students regarding the dangers of sending or reading text messages while driving.

The couple’s personal injury lawyer argued that the driver’s girlfriend, who sent him text messages to which the man was replying to at the time of the collision, was partially responsible for the accident. She should and could have known that the defendant behind the wheel was texting her and at the same time driving his vehicle. The girl’s lawyer countered the plaintiff’s claim that she was electronically present by arguing she was not aware his boyfriend was driving while receiving and sending her text messages.

A judge ruled that the driver’s girlfriend can’t be held liable for the injuries sustained by the couple in the accident. The couple’s lawyer said his clients have plans to appeal the judge’s ruling.

Motorcycle accidents typically don’t end well for the motorcycle riders who are at a much greater risk compared to the individuals inside a car. Nearly all of motorcycle accidents result in injuries to the riders, and almost half of those injuries are serious, whether or not the accident involves another vehicle.

The law that governs a motorcycle accident in New Jersey can be complex. It is therefore important to seek legal representation of an experienced New Jersey Motorcycle Accident Lawyer.

Personal injury lawyer Scott Grossman has successfully represented many motorcycle accident victims in central and northern New Jersey for over 15 years. Contact the Grossman Law Firm today at (732) 943-0383

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