TRENTON, N.J. -
A couple who were critically injured in a crash by a driver who was texting are now suing not just the driver, but also the person who sent the text.
This could set a new precedent.
David and Linda Kubert each lost a leg in a head on collision.
19-year old Kyle Best was texting, his girlfriend, Shannon Colonna at the moment of impact.
So the Kuberts are suing both of them.
Although not physically in the car, the Kuberts lawyer argues Colonna's texting put her in the car electronically.
Her lawyer argues, the suit should be dismissed because "a message sender" has no way to control when, where or how a "message receiver" acts after the message is transmitted.
A judge is set to rule Friday whether the Kuberts can move forward and sue both texters.