Wednesday, May 23rd, 2012 — If you’re texting while driving and you have an accident - it’s your fault. But what about the person who was texting with you? That question is at the heart of a lawsuit in New Jersey. David and Linda Kubert’s lives were shattered in seconds -- about the time it takes to send a text message. "This is a senseless crash that didn’t have to happen," David said. Accident photos tell the story. On September 21st, 2009, the Kuberts were riding their motorcycle about a mile from their New Jersey home. A Chevy truck swerved across the center line and hit them head-on. And they saw it coming.