MINE HILL - A New Jersey couple is seeking tougher penalties for distracted drivers.

They each lost a leg in a 2009 Mine Hill accident involving a driver reading a text.

The Kuberts are suing not only that driver, but they also want to sue his friend who texted him. The Kuberts? attorney says the friend knew that he was driving and therefore should be held responsible for the injuries.

A judge in Morris County will decide next Friday if the lawsuit against the young woman sending the text can proceed.