On September 21, 2009, David and Linda Kubert were riding their motorcycle about a mile from their New Jersey home, when a Chevy truck swerved across the center line and hit them. Both Kuberts (pictured, left) lost a leg in the crash.
David told CBS News (video below): "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. 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."
The driver of the Chevy, Kyle Best, pleaded guilty to three motor vehicle violations, including using a handheld device while driving.
The Kuberts are suing Best as a distracted driver for damages as well as Shannon Colonna, his girlfriend, for sending him text messages, while he was driving, and distracting him.
Skippy Weinstein, the Kuberts' lawyer, argues Colonna was "electronically present" in the crash.
Weinstein says Colonna should have known Best was driving home as they exchanged text messages leading up to the crash.
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Lawyers representing Colonna didn't return calls or emails from CBS News, but their legal papers claim that the Kuberts' suit is a "leap of logic" and should be dismissed.