Montlick & Associates Reviews Possible New Precedent in Auto Accident Criminal Chartes

A new legal precedent may be in the making, as lawyers are pursuing a civil action against the woman who sent her boyfriend a text that caused an accident. Montlick & Associates believes that this will result in an expansion of the claims filed.

Texting while driving has been discouraged by a number of initiatives that are intended to reduce the number of automobile accidents, deaths, and injuries. According to USAToday, courts may set a new precedent that widens the liability of a texting-related accident to include both the sender and the receiver of the message. Montlick & Associates, an Atlanta-based law firm, believes that this precedent could change the way in which these cases are pursued by providing an additional source of recovery and even potentially punitive damages for victims. It is noteworthy that the firm encourages drivers to refrain from texting through its extensive "Don't Text & Drive" billboard and television campaign.

According to the article, David and Linda Kubert were struck by a vehicle, driven by Kyle Best. The accident, in which Best veered into another lane, was caused by him taking his eyes off the road to read a text message sent from his girlfriend, Shannon Colonna. Although Best has already pleaded guilty to the charges brought against him, the Kuberts' lawyer has sought to pursue a Civil action against Colonna, too.

"She may not have been physically present, but she was electronically present," remarks Stephen Weinstein, the attorney who amended the lawsuit in an effort to charge Colonna for aiding in the negligence that caused the collision.

Colonna's legal representation cites a lack of precedent, and the fact that Colonna could not control when Best read the message, as reason enough to drop the charges.

"The sender of the text has the right to assume the recipient will read it at a safe time," Colonna's lawyer, Joseph McGlone, commented. Montlick & Associates understands the extent of the harm that can be caused by texting while driving, as it sees the impact on a daily basis.

"Unfortunately, at Montlick & Associates, we see all too often horrible injuries and even loss of life caused by inattentive drivers, including those who text and drive. That is why we started our 'Don't Text & Drive' public service campaign. Drivers are reminded of the dangers of texting and driving through a combination of billboards and television messages that are aired throughout Georgia. Please do not text and drive. Drivers who ignore the danger risk the possibility of criminal liability, in addition to civil liability for monetary damages," asserts a press statement released by the legal practice.

ABOUT:

Montlick & Associates is a legal firm that handles a wide variety of cases associated with personal injury, including car, truck, and auto accidents, drunk driving accidents, pedestrian accidents, motorcycle accidents, bus accidents, SUV accidents, brain and head injuries, workers compensation, premises liability, job injuries, nursing home abuse, falls, social security disability, animal bites, products liability, and medical malpractice.

Montlick & Associates provides a free consultation with an attorney to all clients. Interested individuals can call Montlick & Associates 24/7 at 1-800-LAW-NEED or use the firm's free 24/7 online chat at www.montlick.com.

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