A couple who each lost a leg when their motorcycle was struck by a teenager who was driving and texting have settled their lawsuit against him for 500,000 US dollars, their lawyer says.
The settlement amount for David and Linda Kubert equals the maximum payment driver Kyle Best's insurance would cover, lawyer Stephen Weinstein told Parsippany's Daily Record newspaper.
David Kubert had his left leg torn off above the knee in the September 2009 wreck in New Jersey. His wife later had her left leg amputated.
The couple, who now live in Florida, are struggling financially because he can not work and she has not returned to her job, their lawyer said in announcing the settlement.
The couple still plan to appeal against a judge's ruling that Best's girlfriend, who had sent him the text message to which he was replying, can not be held liable for the crash, the lawyer said.
Mr Weinstein has argued, in what is believed to be the first case of its kind in the country, that text messages Shannon Colonna sent to Best played a role in the crash.
He said Ms Colonna should have known Best was driving and texting her at the time.
He argued that while Ms Colonna was not physically present at the wreck, she was "electronically present", and he asked for a jury to decide Ms Colonna's liability in the case.
Ms Colonna's lawyer, though, argued she had no control over when or how Best would read and respond to the message. And Ms Colonna testified at a deposition she did not know Best was driving at the time.
Best has pleaded guilty to distracted driving, admitting he was using his mobile phone and acknowledging a series of text messages he exchanged with Ms Colonna around the time of the accident.
Records show Best responded to a text from Ms Colonna seconds before calling emergency services.
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Best was ordered to speak to 14 high schools about the dangers of texting and driving and had to pay about 775 US dollars in fines, but his driver's licence was not suspended.
