Culture & Lifestyle

Rant

Texting Lawsuit is a "Leap of Logic"

Posted 12 months ago|10 comments|345 views
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There I was, sleeping away in my recliner after having dozing off and then waking up to the news, something I rarely watch on purpose. The story being told was about a couple who were badly injured while riding their motorcycle by a teenager who crossed the centerline and struck them with the front left and side of his pickup. He was texting his girlfriend at the time.

This is a horrible thing to have happened to anyone, the accident, the loss of limbs from massive injury, the whole mental and physical event. But is it one that should be used to change the entire legal aspect of driving? What will they sue over next? Who will they sue? Could be you or me, a parent, an employer, a radio station, fast food joint, maybe a makeup manufacturer, how about the automobile manufacturer for installing a safety device that is annoying? Nothing is beyond the imagination because this "leap of logic" will open the floodgates to lawsuits over any and every thing that can distract a driver.

Should the driver have been texting? No. Should his girlfriend have been sending him text that would cause him to respond? Doesn't matter, HE was the driver not her. It is the driver's responsibility to be in control of the vehicle, no one else's.

How would you like to be the employer who gets sued for causing an accident that occurred in an employee's private vehicle because you told the employee that their work was not good enough and that the employee must improve or consider other employment causing that employee to be mentally distracted? No employer can afford poor workmanship and so far this country's product reliability is low enough already and if this suit is decided in favor of the plaintiffs, expect more junk on the store shelves.

IF this lawsuit is settled in favor of the two unfortunate people that lost their left legs, there will be millions of lawsuits against fast food businesses, radio stations, makeup companies and any other person or thing that can be talked to, eaten or done while driving.

At no time is complete liability NOT the drivers responsibility, they are the one in control. This "leap of logic", if successful will make everyone liable for the actions of everyone else.

http://www.themissouriinjurylawyer.com/2...

http://lansing.injuryboard.com/automobil...
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COMMENTS
12 months ago: Sad story. I hope the injured are compensated in one way or another. It still stinks in the long run however.

It's really the ultimate in selfishness to think that a text or a phone call is more important than the safety of others on the road. This is getting to be worse than DWIs.

It would be really great if we saw more folks in hand cuffs and fined for texting and phoning. That's the only real way it's going to stop.

Increase the penalties and change the behavior. If a texter gets a $1,000 ticket or their license suspended they will think twice before doing it again.
12 months ago: The "perception" that it is getting worse than other accidents causes is getting worse, statistic on distractied driving don't prove it out. Like a lot of things, the media has taken hold of this one foolish act of a driver and blown every story out of porportion to it's actual frequency.

How many accidents are caused each hour by someone reaching for a dropped food item? Adjusting the music? Talking/arguing with a passenger? Reading a sign? You don't hear daily reports about those, just the texting ones. Of course the news hour would be entirely taken up reporting on the other causes of accidents with just one or two mentions of texting as the cause (if that many).

Massive fines won't stop it, won't even slow it down. Look at what they have tried with drinking and driving. Fines, jail time, liscense suspension, the only thing that has actually made a difference is education, all the rest just put a burden on the perps family because they are left without money and the fool who did it or having to cart his/her butt around.

Adding this to the list of things our cops have to look out for and are authorized to stop vehicles and ticket them for just detracts them from their other duties of trying to track down and capture the real bad guys and girls, the rapists, murderers, thieves and thugs.

When it becomes the #1 cause of accidents due to the failure to educate users, then and only then should more emphisis be put on actively stopping drivers and ticketing them. It is probably the visability from outside the vehicle that is making it an easy target. Everyone can see the driver on the phone so they "think" it is the cause of most accidents because the media is pushing it so hard.
12 months ago: "When it becomes the #1 cause of accidents due to the failure to educate users, then and only then should more emphisis be put on actively stopping drivers and ticketing them."

Why wait? It's already a significant enough problem.
12 months ago: Show me the numbers where texting is causing more accidents than other things drivers do. Not just assumed either, requires phone records that prove the driver was actively texting someone.

I am not saying it isn't a problem, just not one that is big enough to assign patrol officers to actively look for when they could be better used to stop and ticket stop sign runners, left turn from the right lane jerks (on a 4 or more lane), left turn from the left lane across the turn lane idiots, red light runners, impaired drivers who really don't know what they are doing (vision, drugs, decreased mental capacity due to disease, age or stroke or other injury), basically there are dozens of things drivers do that cause many more accidents than texting and they do it more often.

This has become a point maker for politicians when they should be making points on stuff that really matters, things that are actually more in line with their job.

When are they going to make it mandatory to wear a helmet on a bicycle? AND start writing tickets and handing out massive fines for failure to do so? You are more likely to receive a serious head injury falling off a bicycle AT A DEAD STOP than falling out of your chair or even from falling from a standing position. Let attack that known fact for injury instead of picking a new one because we don't want to upset someone who thinks they are safe bike riders without a helmet.
11 months ago: Ridiculous.

23% of all traffic accidents last year involved cell phone use. 100,000 of those from texting.

http://money.msn.com/auto-insurance/arti...

I just hope only the irresponsible fools who are doing the texting and phoning wind up the only victims. It's unfortunate when law abiding citizens have to pay the penalty for some jack azz texting or talking on a hand held device.

I wouldn't even care if the law breakers or the distracted numb skulls were the only ones who ended up dead or maimed, but innocent folks get caught in their stupidity.

This is a big enougjh problem and needs to be nipped. This is one place I want the government to put the hammer down.

11 months ago: The figures are estimates as per the reference.

Care to dig up the figures on how many accidents occure due to drinking coffee? Eating? Talking to passengers? Adjusting the radio? Changing CDs?

Where are the laws of equal punishment or equal priority for the police against any of those activities?

Just heard a story of a person driving in Hawaii who had their cellphone in their hand, not talking on it, not texting, not even looking at it and was pulled over and ticketed by a motorcycle cop who broke speed limits to pull up on the right side (multilane) so he could look in the vehicle while it was traveling down the highway. Cost about $150 to pay the fine with no recourse for the driver who WAS NOT even using the phone, just had it in his hand.

I want an equal law against coffee consumption while driving, and smoking, and and and and and. Get the idea!?

I'll remind you that I too believe it is a problem, but not one that needs to be attacked WITHOUT also focusing on the other causes of accidents, many of which are much higher on the "cause of" scale than using a phone.
11 months ago: The figures are estimates as per the reference.

Care to dig up the figures on how many accidents occure due to drinking coffee? Eating? Talking to passengers? Adjusting the radio? Changing CDs?

Where are the laws of equal punishment or equal priority for the police against any of those activities?

Just heard a story of a person driving in Hawaii who had their cellphone in their hand, not talking on it, not texting, not even looking at it and was pulled over and ticketed by a motorcycle cop who broke speed limits to pull up on the right side (multilane) so he could look in the vehicle while it was traveling down the highway. Cost about $150 to pay the fine with no recourse for the driver who WAS NOT even using the phone, just had it in his hand.

I want an equal law against coffee consumption while driving, and smoking, and and and and and. Get the idea!?

I'll remind you that I too believe it is a problem, but not one that needs to be attacked WITHOUT also focusing on the other causes of accidents, many of which are much higher on the "cause of" scale than using a phone.
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11 months ago: I'll remind you that I too believe it is a problem, but not one that needs to be attacked WITHOUT also focusing on the other causes of accidents, many of which are much higher on the "cause of" scale than using a phone."

I am in full agreement with you on that point. All the issues need to be appropriate addressed in order to keep our highways and our communities and our families safe from harm.

http://www.24-7pressrelease.com/press-re...

There should be definitive laws on the books and appropriate punishments for hand held cell usage. Zero tolerance for texting in particular texting while driving.

Keep in mind, motor vehicle crashes are the leading cause of death for U.S. teens. Teen driving deaths increased 11% last year. Cell phone usage and in particular texting, without question, has a lot to do with that increase.

Again, nip the problem now before it becomes more of an epidemic than it already is and help to eliminate the unnecessary deaths, accidents, and problems that inevitably are a direct result of it.
17 days ago: Hey Six,

Have you seen this?

http://www.youtube.com/watch?v=SV4PpBRNG...

Had an awful cringe the first time I watched it.

Distracted and probably moving to fast in bad weather. Don't see how anyone could have survuved that.

Makes me thankful for another day.
7 days ago: I've watched several of those clips. Russian use them to prove who was at fault to they can get paid. Some of the crashes are pretty spectacular!

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