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Controversial texting lawsuit in NJ

Lawsuit filed against sender of text in injury crash

JACKSONVILLE, Fla. – Many states have made it illegal to text and drive. For every driver who receives a a text while driving, there's someone on the other end who sent that message.

A New Jersey judge will answer a very controversial question this weekend -- If a person texts a driver who then is in a crash, could the person who sent the text be held responsible?

In 2009, a New Jersey couple was riding their motorcycle when a distracted driver hit them. Due to the crash, the man and the woman both lost their legs.

That couple filed a lawsuit against the driver who hit them, as well as the person who texted him. The couple's attorney said the person who texted the driver knew, or should've known that the receiver of the text was driving.

Attorneys said it's not very likely that this type of case will affect many states, but that the New Jersey case is unique in that the person who sent the text, knew the schedule of the driver very well.

Attorneys say this case falls under something called accomplice liability. This case can be compared to a bartender over-serving someone they know alcohol and then that person driving away.

A New Jersey judge will determine on Friday whether or not the person who sent the text will be added to the lawsuit.