File photo: The US National Security Agency has been gathering nearly 200 million SMSes a day from around the world, a report says.

Have you ever felt guilty about calling or texting someone when you knew they were driving?

Now what if you could actually get into trouble for doing that?

This could become a reality in the home of the brave. In a New Jersey court case that's currently pending, a coupe that lost their left legs after they were knocked off their motorcycle is suing the lady that sent the text message to which the driver, Kyle Best, was replying.

According to Huffington Post, the couple's lawyer argues that Shannon Colonna “may not have been physically present, but she was electronically present,” and that “they were texting back and forth like a verbal conversation.” He also said that Colonna should have known that Best was driving because he continued their earlier conversation after a five hour spell in which he had been working.

Colonna's lawyer hit back saying “The sender of the text has the right to assume the recipient will read it at a safe time.”

“It's not fair. It's not reasonable. Shannon Colonna has no way to control when Kyle Best is going to read that message,” he added.

If the couple succeeds in this litigation, it's certainly going to set a big legal precedent.