(CBS News) If you're texting while driving and you have an accident - it's your fault. But what about the person who was texting with you? That question is at the heart of a lawsuit in New Jersey.
David and Linda Kubert's lives were shattered in seconds -- about the time it takes to send a text message.
"This is a senseless crash that didn't have to happen," David said.
Accident photos tell the story. On September 21st, 2009, the Kuberts were riding their motorcycle about a mile from their New Jersey home. A Chevy truck swerved across the center line and hit them head-on. And they saw it coming.
"What I saw was a gentlemen in the truck steering with his elbows, with his head down. And I could tell he was text messaging," David said. "I looked down after the impact and my leg was torn off. I asked my wife is she was ok and she told me the bones of her leg were through her pants."
Both Kuberts lost a leg in the crash.
Kyle Best, then 18, pleaded guilty to three motor vehicle violations, including using a handheld device while driving.
Texting while walking banned in N.J. town
The Kuberts are now suing him as a distracted driver for civil damages -- and in a novel twist -- are also suing Shannon Colonna, his girlfriend, for sending him text messages while he was driving, and distracting him. Phone records show they exchanged 62 texts that day.
Skippy Weinstein, the Kuberts' lawyer, argues Colonna was "electronically present" in the crash. He says she should have known Best was driving home as they exchanged text messages leading up to the crash. She says she "may have known" he was driving.
the rest of the article is here.