On Tuesday, three appeals court judges agreed with it -- in principle.
They ruled that if the sender of text messages knows that the recipient is driving and texting at the same time, a court may hold the sender responsible for distraction and hold him or her liable for the accident.
"We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted," the court said.
But the judges let Colonna off the hook.
She had a habit of sending more than 100 texts a day and was oblivious to whether recipients were driving or not.
"I'm a young teenager. That's what we do," she said in her deposition before the original trial.
Since she was unaware that Best was texting while driving, she bore no responsibility, the court decided.
"In this appeal, we must also decide whether plaintiffs have shown sufficient evidence to defeat summary judgment in favor of the remote texter. We conclude they have not," it said.
During the trial, Colonna, now 21, found it "weird" that the plaintiffs tried to nail down whether she knew Best was texting behind the wheel, the court document said.
The judges' decision has elicited a similar response from the state's governor, Chris Christie.
The driver is ultimately responsible, he said. Not someone sending him a text.
"You have the obligation to keep your eyes on the road, your hands on the wheel and pay attention to what you're doing," he told radio station New Jersey 101.5.
Other New Jerseyites agreed.
"That's completely absurd, just because you know you're driving doesn't mean, it really doesn't mean they know you're looking at it," Joe Applegate told WPIX.
"Even talking to the driver can distract them, so they are going to arrest for someone who simply talked to someone who is driving?" Louise McKellip asked.
New Jersey has been cracking down hard on texting and driving in recent years, implementing new laws and regulations that treat it in a similar manner as drunken driving if it involves an injury accident.
The state passed a law last year based on the fate of the Kuberts and others who had been killed or maimed by texting motorists.