David and Linda Kubert each lost their left leg in the 2009 accident. They were sideswiped by a 19-year-old driver who was texting.
The couple's attorney says the woman he was texting is also responsible, but others disagree.
"That texter has no idea where the other person is, whether they're driving home," one person said.
Meanwhile in Alabama, an ambulance driver is on trial for manslaughter. Prosecutors believe she was texting when her ambulance rear ended another vehicle, killing a mother.