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Texter Not Responsible For Textee's Car Accident, Rules Judge

linuxwrangler writes "After mowing down a motorcycling couple while distracted by texting, Kyle Best received a slap on the wrist. The couple's attorney then sued Best's girlfriend, Shannon Colonna, for exchanging messages with him when he was driving. They argued that while she was not physically present, she was 'electronically present.' In good news for anyone who sends server-status, account-alerts or originates a call, text or email of any type that could be received by a mobile device, the judge dismissed the plantiff's claims against the woman."

200 comments

  1. Also good news for... by Anonymous Coward · · Score: 0, Insightful

    ...people with an ounce of common sense who get ill at stupidity and greediness via lawsuits.

    1. Re:Also good news for... by Anonymous Coward · · Score: 3, Insightful

      I don't think it's greed that motivates two people who've both lost limbs due to someone else's reckless driving to sue whomever their lawyer says they should name in the suit. They've been deprived of something most of us take for granted (basic mobility), and should have the right pursue compensation for the difficulty they'll face the rest of their lives. The stupid shyster they hired simply gave them really misguided legal advice, that's all.

    2. Re:Also good news for... by Anonymous Coward · · Score: 5, Informative

      But anyone with an ounce of logic can see it is bad to sue someone who is not responsible. This is completely money grabbing. Just because you have been injured doesn't mean you should try and ruin everybody else's life.

    3. Re:Also good news for... by SilverJets · · Score: 4, Insightful

      So you're saying that this couple should not have applied basic logic to what their lawyer was telling them?

      If the distracted driver had been listening to the radio instead, should they have sued the radio station?

    4. Re:Also good news for... by JWSmythe · · Score: 4, Insightful

          The greedy part was suing someone who wasn't involved.

          If the guy was listening to talk radio, and something they said something that distracted him, would the radio station, or those talking on the radio be at fault? No. The argument is the same. They (those on the radio) have a reasonable expectation that people may be listening while driving. That's the only time a lot of us listen. Morning and evening commutes have higher advertising costs, because they know that's the peak time for listeners. They don't only expect it, they profit from it.

          Is it their fault for making the driver pay more attention to the radio than to the road around him? No. The fault was assigned properly in the beginning, with the driver who committed the action. Going anywhere beyond that is trying to profit from the incident. Will they continue on and sue the telephone manufacturer? the carrier? the vehicle manufacturers? the city/count/state highway department? any store front near the incident? owners and advertisers of any billboards that may have been visible? How about the girl jogging, she was clearly a severe distraction.

          You *can* sue all of them. You probably won't win any of them, and will make a lot of enemies along the way. That's one of the wonders of our legal system. You can sue anyone you want, any time you want, for pretty much anything you want. It doesn't mean you'll win.

          I have sympathy for the people who were injured. Life sucks. I know.

      --
      Serious? Seriousness is well above my pay grade.
    5. Re:Also good news for... by Chirs · · Score: 1

      I don't think it's greed that motivates two people who've both lost limbs due to someone else's reckless driving to sue whomever their lawyer says they should name in the suit.

      The job of the lawyer is to suggest all possible avenues of recourse. The job of the people in the accident is to realize that the person sending the text is in no way responsible and telling the lawyer not to submit them to a frivolous lawsuit.

      If someone doesn't have a lawyer on retainer, it's going to cost them hundreds of dollars to deal with being sued, even if they're completely innocent.

    6. Re:Also good news for... by stephanruby · · Score: 4, Interesting

      No, this had nothing to do trying to get money from her.

      When something bad happens, you sue everybody who's connected to the defendant and to the incident in any way. That's the standard unofficial rule. By doing that, you're hoping that the defendants turn on each other, or at the very minimum, that one of them talks too much.

    7. Re:Also good news for... by randall77 · · Score: 1
      > The job of the lawyer is to suggest all possible avenues of recourse.

      No it isn't. The job of the lawyer is to advocate for his client. Suggesting to the clients dumb ideas which won't work and will only end up costing them legal fees is not advocating.

    8. Re:Also good news for... by Anonymous Coward · · Score: 0

      this had nothing to do trying to get money

      Then why sue anybody at all?

    9. Re:Also good news for... by SmlFreshwaterBuffalo · · Score: 4, Interesting

      this had nothing to do trying to get money

      Then why sue anybody at all?

      Because that's the only system we have. IANAL, but I don't think they could sue anyone asking for a "permanent cell phone" ban (not that it would be enforceable anyway).

      Personally I'd rather see them sue asking for the removal of the driver's thumbs. Because if there's any chance to make the driver believe even for a second that he could actually lose his thumbs, he might finally understand that he shouldn't be playing with his damn phone while driving.

      P.S. I completely disagree with them suing the girlfriend, but I can't say that I wouldn't get equally suckered by a slick-talking lawyer in a similar situation. Walk a mile, and all that...

    10. Re:Also good news for... by blueg3 · · Score: 2

      It's certainly reasonable for someone to think, "this lawyer's advice is awfully illogical and almost evil." But the law is a regulated profession. How often is common sense really useful in law? We trust lawyers, enforced by regulation, to give their clients good legal advice because a client cannot be expected to differentiate between a good and a bad legal strategy. The same is true of doctors or any other licensed and regulated profession. You should be comfortable in trusting the advice of your lawyer; if your lawyer gives you bad advice, the onus is on them as a professional.

    11. Re:Also good news for... by Anonymous Coward · · Score: 0

      Standard unofficial rule among assholes. And yes, the general lawyer population is included by design, not accident.

    12. Re:Also good news for... by theshowmecanuck · · Score: 2

      I guess you've been watching too many TV law shows. Plus you're a shiester if you think suing everybody, and not just a responsible party is a good idea. So this idiot driver ruined some people's lives. And now you're saying that they in turn get to go and financially rape somebody else who has no fault in the incident? Lawyers to defend against frivolous lawsuits are not free and aren't cheap. Why should the guy's girlfriend have to go broke to pay for one when it wasn't her fault. If the guy was driving, he should have put the phone down and kept his hands on the wheel and eyes on the road. Sue him. He's the guilty party. Only a lowlife would want to punish people who didn't do anything.

      --
      -- I ignore anonymous replies to my comments and postings.
    13. Re:Also good news for... by theshowmecanuck · · Score: 1

      the law is a regulated profession

      Yeah, regulated by lawyers. What the fuck is up with that? That is why legalize is so hard to understand. It's so they can keep regulating themselves by arguing that the average person can't understand law without a degree. But I guess that is especially true when you invent a language that requires years of schooling to understand. But really, that is just the cost to join the club where you get to fuck with people's lives and if you do something wrong, some other guys in the same club get to judge you, but will be lenient lest they be judged by others in the same club. There should be no self regulated groups.

      --
      -- I ignore anonymous replies to my comments and postings.
    14. Re:Also good news for... by JDG1980 · · Score: 5, Insightful

      The lack of national health care and a decent social safety net in the United States is one of the biggest drivers behind "frivolous" lawsuits like this.

      In most European countries, the injured couple would have all their medical expenses automatically covered. They would not face the risk (ubiquitous in the U.S.) of medical bankruptcy. They would also be able to take advantage of other social programs if they were too seriously injured to continue work in their current jobs.

      In the U.S., when you get seriously injured, you face the very real probability that you will be financially ruined as well. Therefore, your only defense is to find someone with deep pockets who is arguably responsible for the accident, and sue them.

      Likewise, in Europe, it's harder and less lucrative to sue for injuries arising from consumer products – but there are also much stricter safety regulations and the regulators are less shy about yanking products from the market if they do prove genuinely unsafe.

      We as a country have decided to outsource large parts of our regulatory and insurance apparatus to the courts, and this is the result.

    15. Re:Also good news for... by Anonymous Coward · · Score: 0

      When something bad happens, you sue everybody who's connected to the defendant and to the incident in any way. That's the standard unofficial rule. By doing that, you're hoping that the defendants turn on each other, or at the very minimum, that one of them talks too much.

      sounds like basic lawyer scumfuckery

    16. Re:Also good news for... by SilverJets · · Score: 1

      Well if they had stopped and thought about it for a second they would have realized that the ONLY person responsible was the one driving the car.

      Just because the driver of the car got off lightly on criminal charges doesn't mean that they can't sue him for ruining their quality of life.

    17. Re:Also good news for... by Fjandr · · Score: 1

      to sue whomever their lawyer says they should name in the suit

      If this was their lawyer's suggestion, they should actually be suing him for legal malpractice.

    18. Re:Also good news for... by Anonymous Coward · · Score: 0

      They lost their limbs, but not their brains. So still no excuse for suing someone who is clearly not responsible. They should sue the driver and/or appeal.

      Best was ordered to speak to 14 high schools about the dangers of texting and driving and had to pay about $775 in fines, but his driver's license was not suspended.

      That's very light. Heck if I did what he did, I'd want a heavier sentence. Seriously. Otherwise it would bother me a lot for the rest of my life (with a heavier sentence it would still bother me every now and then, but I'd be able to more easily convince myself that it's settled ;) ).

      It'll be like walking out of a restaurant and forgetting to pay. It'll bother me once I realize what happened.

      No apologies, no forgiveness, no fair punishment, no settlement => no closure.

    19. Re:Also good news for... by Anonymous Coward · · Score: 0

      Their costs should already by covered by the auto insurance. Either his insurance or their insurance. This is not a medical bankruptcy issue; it's a liability issue. Their respective insurance companies will haggle over who owes what.

      The plaintiffs are angry because they've lost their limbs. They want compensation for their loss, not their medical bills.

      Suing the driver for loss of their limbs is perfectly rational. Suing the texter is not.

      The driver's liability insurance will cover him up to a certain extent. After that, any damages that may be awarded are his to shoulder. That's what your driver's insurance is for -- an event that you cannot afford.

      Aside from the frivolous lawsuit, everything else is working correctly here.

    20. Re:Also good news for... by Anonymous Coward · · Score: 0

      The big problem is that lawsuits generally happen after the damage has already taken place, at which point it is too late to consider prevention of the damage.

    21. Re:Also good news for... by stephanruby · · Score: 1

      this had nothing to do trying to get money

      Then why sue anybody at all?

      Thanks for clipping my quote at the most important part, and therefore completely misquoting me. My original quote stands below:

      No, this had nothing to do trying to get money from her.

      Emphasis in bold is mine.

  2. Who proved the collision was an accident? by Ichijo · · Score: 1, Informative

    The collision appears to be caused by negligence, and was not simply an accident. "Accident" is a euphamism, a weasel word designed to make the violation appear less severe.

    Please stop politicizing the headlines, Slashdot.

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    1. Re:Who proved the collision was an accident? by Mashiki · · Score: 4, Interesting

      Well in law, at least in Canada accidents are described to something that is done by fault with no malice or direct negligence intended. Criminal negligence causing bodily harm is what this case amounts to.

      --
      Om, nomnomnom...
    2. Re:Who proved the collision was an accident? by Anonymous Coward · · Score: 0

      Methinks you might be the one politicizing this. I'm not sure about other people, but I find the term 'car accident' to be basically synonymous with terms like 'car wreck' or 'car crash' and not necessarily to be indication of severity or fault of the people involved.

    3. Re:Who proved the collision was an accident? by mooingyak · · Score: 1

      The collision appears to be caused by negligence, and was not simply an accident. "Accident" is a euphamism, a weasel word designed to make the violation appear less severe.

      Please stop politicizing the headlines, Slashdot.

      I've generally heard (and used) the word accident to describe pretty much any collision other than one where the driver was deliberately aiming to hit someone.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    4. Re:Who proved the collision was an accident? by narcc · · Score: 1

      I've generally heard (and used) the word accident to describe pretty much any collision other than one where the driver was deliberately aiming to hit someone.

      I've seen "deliberately caused an accident" a few times, as absurd as it sounds.

    5. Re:Who proved the collision was an accident? by Ichijo · · Score: 2

      I find the term 'car accident' to be basically synonymous with terms like 'car wreck' or 'car crash' and not necessarily to be indication of severity or fault of the people involved.

      This proves that you haven't yet broken your conditioning by Big Oil and the pro-automobile lobby to trivialize the problems of living in an automobile-centric society. Wake up!

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    6. Re:Who proved the collision was an accident? by realityimpaired · · Score: 2

      Canada also has reasonable tort laws and malicious prosecution rules that would have prevented this case from ever getting before a judge in the first place.

      It was certainly negligence, and the people in question have every right to go after the insurance company of the driver for lost wages, hardship, etc. The insurance company can, in turn, go after the driver to recoup their losses, as you are correct that this is criminal negligence and the driver was not obeying the rules of the road. The driver's girlfriend, however, has no responsibility in this... he's the one who was responding to her texts while driving. At least, in Canada that's how it would play out. I'm relieved to hear that the US still has some sane judges on the bench.

    7. Re:Who proved the collision was an accident? by Mashiki · · Score: 1

      Canada also has reasonable tort laws and malicious prosecution rules that would have prevented this case from ever getting before a judge in the first place.

      Yeah that doesn't stop people from going insane, and trying to make it like the US though. At least sanity rules the day.

      --
      Om, nomnomnom...
    8. Re:Who proved the collision was an accident? by whoever57 · · Score: 1

      "Accident" is a euphamism, a weasel word designed to make the violation appear less severe.

      Admit it, you have been watching "Hot Fuzz" haven't you?

      --
      The real "Libtards" are the Libertarians!
    9. Re:Who proved the collision was an accident? by Galestar · · Score: 1

      This proves that you haven't yet broken your conditioning by Big Oil and the pro-automobile lobby to trivialize the problems of living in an automobile-centric society. Wake up!

      And this proves that you haven't broken your conditioning of being Bat Shit Crazy!

      --
      AccountKiller
    10. Re:Who proved the collision was an accident? by nxtw · · Score: 1

      The collision appears to be caused by negligence, and was not simply an accident.

      The way I read the article, nothing suggests the collision was caused by negligence. I think the article would have been written differently if this was the case. An attentive driver might have resulted in a 25 mph collision instead of a 45 mph collision, or hitting a car in another lane to avoid hitting the motorcycle...

    11. Re:Who proved the collision was an accident? by Anonymous Coward · · Score: 0

      Okay.

      Please suggest a single word for "collission caused by negligence".

      Accident is the closet one I know. But hey, feel free to try to control language so you can reframe a debate in an attempt to politicize it and cause a cultural paradigm shift.

      Actually...don't. Some of us will call you on it and think less of you for it.

      But seriously...got a word for your idea?

    12. Re:Who proved the collision was an accident? by Ichijo · · Score: 1

      Please suggest a single word for "collission caused by negligence".

      Please explain why such detail is necessary. Simply the word "collision" is all that's needed for this headline.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    13. Re:Who proved the collision was an accident? by Anonymous Coward · · Score: 0

      In fact, it means that "accident" has now taken on a far more serious connotation than it used to have; now, you basically never hear the word unless either a car crashed into something or somebody pissed themselves. Rather than trivializing car crashes, instead they've ruined the word "accident".

    14. Re:Who proved the collision was an accident? by JDG1980 · · Score: 1

      I've seen "deliberately caused an accident" a few times, as absurd as it sounds.

      In North Korea, you can apparently be sentenced to death by traffic accident.

    15. Re:Who proved the collision was an accident? by Anonymous Coward · · Score: 0

      Dear troll, in case you aren't from around here: the word "accident" is completely synonymous with "car crash" in the US. Stop trying to infer politicization(TM) where none is exists.

    16. Re:Who proved the collision was an accident? by Fjandr · · Score: 1

      That's a word which has been used for a very long time, and does not in any way imply there was no fault. While it may lessen the impact of the concept, it's not really that much different than referring to a public toilet as a "bathroom" or "restroom." It is a common colloquial term, well-understood within this context (at least in the US). The cause for its use is much more likely to be as a result of the editor in question being a product of their culture than an actual intent to politicize the story.

    17. Re:Who proved the collision was an accident? by Anonymous Coward · · Score: 0

      I find the term 'car accident' to be basically synonymous with terms like 'car wreck' or 'car crash' and not necessarily to be indication of severity or fault of the people involved.

      This proves that you haven't yet broken your conditioning by Big Oil and the pro-automobile lobby to trivialize the problems of living in an automobile-centric society. Wake up!

      Your reasoning would only make sense if 'train accident' or 'airplane accident' were not used the same way or if 'car accident' was only used for fossile fuel cars and not for electric cars.
      By not questioning yourself you seem a bit brain-washed.

    18. Re:Who proved the collision was an accident? by danomac · · Score: 1

      In this case, I got from the summary there was an accident between a car and a motorbike. I knew that the outcome was bad just from reading it.

      Wrecks between two cars happen often and if any injury happens it's not losing a limb like this case. There is usually bruises and scrapes unless you collide with something like a truck or similar.

      In any case, any accident with a motorcycle is very, very bad. It's why I don't ride one. I am confident with my driving, but not others. The motorcyclist always loses...

    19. Re:Who proved the collision was an accident? by psiclops · · Score: 1

      I don't think anyone was trying to claim that he intentionally ran them over. By my understanding of the word and many of the definitions , this would be correctly classed as an accident.

      --
      i spent five minutes thinking and all i got was this crappy sig
    20. Re:Who proved the collision was an accident? by Anonymous Coward · · Score: 0

      "Accident" is a euphamism, a weasel word designed to make the violation appear less severe.

      Admit it, you have been watching "Hot Fuzz" haven't you?

      Yes. It inspired me to become a policemanofficer.

  3. Good ruling in THIS case..... by rts008 · · Score: 4, Insightful

    I agree that the texter is not responsible for the accident, but the initial ruling:'the slap on the wrist' that the textee got, well, IMHO, $775.00 USD is way too small compensation for two innocent victims, both of which had to undergo leg amputations as a result of textee's 'distracted driving'.

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    1. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 1

      WTF? 775 dollars?

      In Heinlein's world, he'd have gotten leg amputations as punishment himself!

    2. Re:Good ruling in THIS case..... by mazarin5 · · Score: 4, Informative

      IMHO, $775.00 USD is way too small compensation for two innocent victims

      That was a penalty, not compensation. They're still sorting that bit out.

      --
      Fnord.
    3. Re:Good ruling in THIS case..... by Hatta · · Score: 2

      Funny how when we're talking about life and limb, the penalty is much less than the compensation. But when it comes to mp3s, the penalty is far far in excess of what would be compensatory.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Good ruling in THIS case..... by bitt3n · · Score: 1

      I agree that the texter is not responsible for the accident, but the initial ruling:'the slap on the wrist' that the textee got, well, IMHO, $775.00 USD is way too small compensation for two innocent victims, both of which had to undergo leg amputations as a result of textee's 'distracted driving'.

      wow, that's brutal. he won't be able to afford an iPhone 4S without signing up for a new contract.

    5. Re:Good ruling in THIS case..... by rts008 · · Score: 1

      Ahh...that was not mentioned in TFA.
      The few bits they did give out was the $775 fine and 50 hours community service.

      I would have linked to both rulings if I had submitted this one. :-)

      Thanks for the update/correction!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    6. Re:Good ruling in THIS case..... by mazarin5 · · Score: 3, Insightful

      Don't you understand why? If you watch a youtube video with a song in it, you're depriving the artist of money for their work. It's just like cutting off the hands that played the instrument. But in today's society, these rights are held by corporations which are made up of thousands of people. That's thousands and thousands of hands that you cut off on purpose. Of course there's a higher penalty than smashing off two legs accidentally!

      --
      Fnord.
    7. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 0

      I bet that $775 is penalty paid to the government. For mp3s, the outrageous penalties that you hear are for "lost" revenue, i.e. compensatory.

    8. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 0

      There is no way that the music companies lost $22500 because somebody put one song up for download.

    9. Re:Good ruling in THIS case..... by Galestar · · Score: 1

      If you watch a youtube video with a song in it...It's just like cutting off the hands that played the instrument.

      I have no idea where you crazy copyright-lobby-sympathizers come up with these absolutely ridiculous analogies, but seriously - no one is buying it!

      --
      AccountKiller
    10. Re:Good ruling in THIS case..... by SmlFreshwaterBuffalo · · Score: 2

      I have no idea where you crazy copyright-lobby-sympathizers come up with these absolutely ridiculous analogies, but seriously - no one is buying it!

      That's the problem. They're downloading it for free instead.

    11. Re:Good ruling in THIS case..... by Kalriath · · Score: 1

      You clearly have trouble identifying satire.

      At least, I hope that's satire.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    12. Re:Good ruling in THIS case..... by Lehk228 · · Score: 1

      775 is the fine for texting and driving / reckless driving there is still a lawsuit going on and driver is going to (deservedly) get slammed on this, hard.

      --
      Snowden and Manning are heroes.
    13. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 0

      I think it's fair. They were on a motorcycle - a very unsafe vehicle where the slightest accident can cause serious injuries.
      The driver who hit them should not be held responsible for their decision to drive an unsafe vehicle. People make mistakes all the time and we know traffic accidents will happen; people who cause such accidents should be held liable, but only to some extent. If I hit you with my car, it's my fault. But if you decide to make the damage in the accident greater by driving an unsafe vehicle like a motorcycle, then that's your fault - when I took my car, I never agreed to take the responsibility of you driving a dangerous vehicle.

      The same way, if some schmuck decides to put a $100,000+ vehicle on the road like a Ferrari, and he gets hit by another car, the second driver should not have to reimburse the entirety of the damages because the second driver never assumed the risk of hitting an expensive car. You know accidents happen, you know you're likely to be hit when you go and drive, therefore putting an unreasonably expensive car on the road is pretty much entrapment to make drivers who hit you pay an outrageous amount of money.

      Thank god there's at least one judge who seems to realize that while people are responsible for their mistakes, they aren't responsible for the decision of "victims" to drive unsafe/expensive vehicles.

      Driving is hard and dangerous enough as it is, and we don't need bikers and millionaires turning the slightest collision into manslaughter charges or a bankrupting reparation bill for the people who accidentally hit them.
      Although IMO, it needs to actually be made into law that either expensive cars and bikes should be banned on the road, or that people who hit them by accident can only be made to bear minimum responsibility.

      Also, a fair warning: if I ever witness a biker get seriously injured in an accident, I'm more than happy to sue him for causing me PTSD by driving an unreasonably unsafe vehicle, and I don't care if some people think this makes me a jerk. When I leave my home, I'm not signing up to see reckless morons who choose to ride bikes get dismembered.

    14. Re:Good ruling in THIS case..... by Isaac-1 · · Score: 1

      I see no one here has yet said, If your going to ride motorcycles you should accept at least some of the risk of injury. Cars hit each other all the time, human reactions are not perfect, sometimes they could be avoided, maybe even most of the time, but when a car hits another car at 20-30mph there is a fair chance that only minor injuries will occur, when a motorcycle hits (or is hit by something) something at 20-30 mph there is a fair chance major injuries will occur. Sure motorcycles can be fun, so can flying ultralights, bungee jumping and a number of other things, this does not mean everyone else out there should be responsible for injuries that happen while your out there having fun.

    15. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 0

      1/10 if you're trying to troll and 10/10 for stupidity if you're serious.

      This wasn't an accident. It was negligence and there's a big difference. If the driver would have been paying attention to the road instead of his cell phone this would have never happened. I don't agree with suing the person who was texting the driver though. I attribute that to bad legal advice and the pain killers they're probably on. The only way I'd agree with them suing the person texting the driver is if that person knew they were driving and didn't care.

      If I want to drive a $100k vehicle or a $10k vehicle on the road and you hit it, because you weren't paying attention you should be required to reimburse me for the full cost of replacing the car. The value of the vehicle is irrelevant. The only thing that matters is you destroyed someone elses property, because you weren't paying attention to what you were doing.

      Walking across the street is also really dangerous. It can be just as dangerous as riding a motorcycle when a person driving a car isn't paying attention. I have no clue who you caught screwing your wife that owned a motorcycle, but you really should see someone about it.

      -wmbetts

    16. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 0

      If you can't drive without being a great danger to motorcyclists (or pedestrians - who are often just as unprotected) with your negligence, I don't want you on the road, even though I drive a car. I don't know where you live but cars do NOT hit each other all the time.

      If the motorcyclists broke the law or were negligent/careless, that's different. You should then get off without any penalty at all (or a lighter penalty if it was partially your fault too). And they? It might cost them an arm and a leg, or worse.

      In many countries the poor can't afford cars, public transport is crap, so motorcycles it is for them. Many of them do stupid stuff - riding through red lights. But the rest of them are just trying to survive- get to work etc. Ramming them by accident doesn't help them and their families. Pay attention while you drive - stick to your lane when they are approaching or close, don't do anything sudden and then if they hit you, it's not your fault.

    17. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 0

      Still, even as merely a "penalty," $775.00 in ANY country's dollars is fucking laughable. People get FINED more than that just for blocking a fire lane, where the only damage done is to the bank account of the car's owner. And yes, "deliberate" accident is somewhat oxymoronic. "Avoidable" accident is the more usual term. It's not like the guy was simply driving along, hit a patch of black ice, lost control of his car, and ran over the motorcyclists, clearly an *unavoidable* accident. Rather, he was talking to his girlfriend, with his mind more on tapping that ass and less on driving that car. That makes the accident *avoidable*. Or, as some might say, "deliberate."

    18. Re:Good ruling in THIS case..... by dranga · · Score: 1

      So if a massive 18 wheeler runs into someone's small compact car, completely flattening it and the people inside, the trucker can just say, "Well, they weren't driving a big truck like mine, they are partially responsible for not having enough metal to protect them."? What abot pedestrians? Are they partially at fault for not being in a metal cage as they walk outside?

      --
      Oh no, not again.
    19. Re:Good ruling in THIS case..... by Locke2005 · · Score: 1

      The $775 is a criminal matter, a fine for negligent driving. The "compensation for two innocent victims" should be a civil matter. Unfortunately, the US legal system uses the deep pockets principle to go after anyone even remotely connected with the case provided they have money. The first rule of tort law is not "only sue the people most responsible", it is effectively "only sue the people that have money". Responsibility is up to the court to determine.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    20. Re:Good ruling in THIS case..... by KozmoStevnNaut · · Score: 1

      No, people in cars hit other people in cars all the time. The vehicle of choice is not the problem, it's the distracted dumbass driving it.

      We need to stomp out this kind of idiotic "it's his own fault that he dies because I plowed into him, he was driving a vehicle that is less safe in a collision than mine" mentality.

      People need to learn that it is completely unacceptable to drive drunk or distracted or otherwise impaired. Cell phone usage is a major factor in this, as is the mentality that driving is a right instead of the privilege that it is.

      You fucked up in traffic and hurt people or put them in great danger? You lose your license and your vehicle. Fuck you, you are not fit to drive in a responsible manner.

      --
      Eat the rich.
    21. Re:Good ruling in THIS case..... by cas2000 · · Score: 1

      of course it isn't satire.

      it's just an early sign that the copyright industries have realised that the pirates were right all along - copyright infringement isn't theft at all. it's actually torture and/or body mutilation.

      in a few years, they'll realise that even that's not accurate - copyright infringement is murder.

    22. Re:Good ruling in THIS case..... by Anonymous Coward · · Score: 0

      Where is the fine for blocking a firelane more than $775!?! Typically (in Chicago) fire lane is $150-$250 and hydrant is around $75.

  4. it is an interesting bit of moral responsibility by circletimessquare · · Score: 2

    if i get the sense i'm talking to someone who is driving, i will say "are you driving? i'll get off the phone"

    it's not about being a hyperactive boy scout, it's not about the law, it's about living with myself. because if i am on the phone with someone while they are driving and i am AWARE of it, then i am responsible for continuing the conversation, and helping to keep the driver distracted

    i have to live with myself. and i have to respect myself

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  5. Different than FB by parallel_prankster · · Score: 1

    Posting on FB is for everyone I think while texting is for a specific person so I think even if the judge had ruled otherwise it would not have applied to FB stuff. That said, it was the responsibility of the driver to not text while driving, unless he got a text message saying " I know you are driving lets sext chat"

  6. slap on the wrist: by gl4ss · · Score: 2

    "Best was ordered to speak to 14 high schools about the dangers of texting and driving and had to pay about $775 in fines, but his driver's license was not suspended."

    would have been pretty far fetched if you'd be liable for sending txt's as distraction to someone though... quite ridiculous even. but as publicity stunt it works ok. anyhow, terrorists should just drive around in vans with gas containers texting each others it seems, it's a pretty low fine for putting two people on insurance living for the rest of their lives. (yay a card!).

    --
    world was created 5 seconds before this post as it is.
    1. Re:slap on the wrist: by BronsCon · · Score: 1

      Ok, the fines should have maybe been much MUCH higher, that much I definitely agree with. However, I don't see a problem with him being allowed to keep his license given that he has been ordered to carry out community service at locations that are likely outiside any reasonable walking distance from his residence; were he not ordered to perform this community service, I'd say he should lose his license for somewhere between 1 and 5 years, to be determined by a jury who spent enough time in the courtroom with him to be able to base that duration on his demeanor and whether or not he showed any genuine remorse during the trial (e.g. longer if it seems like he'll do it again). I don't think this was a slap on the wrist; it would be unusually unfair (therefore falling under cruel and unusual punishment) to expect him to speak at schools he can't get to (not every school is within range of public transportatio aside from school busses which many districts now also don't have; and he, himself, may live outside the reach of public transportation). Again, the fines should have been much, much higher; unless, of course, he doesn't have tons of money and they want to leave him with enough cash for gas to get to those schools they're ordering him to speak at. I don't know enough about his financial situation to speak as to the appropriateness of the fines.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    2. Re:slap on the wrist: by Faluzeer · · Score: 1

      Hmmm

      He should have been banned from driving for 5+ years and been given a much larger fine. The community service is absolutely nothing, it is certainly not going to act as any form of deterrent for other morons that drive whilst texting.

    3. Re:slap on the wrist: by BronsCon · · Score: 1

      As I said, a definite revocation of his license in lieu of the community service. However, since he was sentenced to carry out the community service, it would have been inappropriate to revoke his license.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    4. Re:slap on the wrist: by jamesh · · Score: 1

      However, I don't see a problem with him being allowed to keep his license given that he has been ordered to carry out community service at locations that are likely outiside any reasonable walking distance from his residence

      Maybe forcing him to ride a motorbike would be better punishment?

      If I were the judge i'd definitely be making inquiries about banning him from holding a phone capable of any form of messaging for 5 years though.

    5. Re:slap on the wrist: by Anonymous Coward · · Score: 0

      What's with the blood lust?
      What's done is done - I'm sure he wishes he could undo it, but he can't - obviously. Do you think a bigger fine, a license suspensions, jail time and who knows what other tar and feathers you can throw at him is going to make him any more or less likely run someone over again? He'll be traumatized forever for costing those people their legs - he's never taking a text message in a car again (as driver or passenger). I don't need the guy sitting in a jail cell to make me happy.

      So why is the fine too small? This is the criminal proceedings - fine money goes to the government! The government is not profiting enough from this? Really?!?

      To make their civil case easier, the couple needed just a simple guilty verdict. That's done. The civil case is now where the couple gets any money they deserve (and it sounds like it's going to be a lot). Isn't that what you really want slashdot? Justice for the victim? Sounds like everything is being handled sensibly so far. If the couple only gets $750 after the civil case, then I'll happily join you all in your outrage.

    6. Re:slap on the wrist: by BronsCon · · Score: 1

      I can get on board with either, or both, of those ideas.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    7. Re:slap on the wrist: by Anonymous Coward · · Score: 0

      Take away his license and have the police drive him around some schools? There's value in having him visiting schools, yet not a very good message to send when kids see him get in his car and drive away. It was willful negligence. This guy shouldn't be behind a wheel for a very long time, if ever at all. If the fines are more than he can pay, then he can sell his car and anything else he has. I've several times now almost been knocked down by fuckers using mobile phones when they should have been concentrating. It's idiotic enough to take a call, but the height of utter stupidity to be reading text messages.

    8. Re:slap on the wrist: by Faluzeer · · Score: 1

      No, it is inappropriate to not revoke his license. Making his way to the schools on foot or public transport might give him sufficient time to reflect on his actions and the damage he has caused to these peoples lives.

    9. Re:slap on the wrist: by Anonymous Coward · · Score: 0

      As a business, if you call an employee on their mobile phone and you have good reason to believe they may be driving, you can be held liable for any road incidents they are responsible for. UK company law states that they should have a policy in place for this, and that all employees should be aware of it. Here is a PDF summary (sorry, first link I found) http://www.bllaw.co.uk/pdf/Emp_1108_CIS_Use_of_mobile_phones.pdf

    10. Re:slap on the wrist: by Kalriath · · Score: 1

      No, it's really not inappropriate at all. He's proven that he can't be trusted to handle a motor vehicle, suspend his ass. Don't want his kind on the roads, and maybe having to pay a few bucks for bus fares might teach him a lesson.

      I don't see why punishment for committing a crime has to be convenient for the criminal. That's the sort of dumb shit that got him the pathetically low sentence in the first place.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    11. Re:slap on the wrist: by Anonymous Coward · · Score: 0

      You assume that he will. Perhaps he will, but it's hardly unusual for these slap on the wrist punishments to fail to make any impact. I remember a couple years ago reading about a rabbi who ran somebody over while driving under the influence, he had previously been to court for a similar offense where somebody was maimed when he hit her and been let off with a slap on the wrist.

      Yes, he might learn a lesson, but how precisely do you explain it if he doesn't learn his lesson or to the people who were harmed by his selfishness that they get what's essentially a life term living with their injuries and he gets barely a slap on the wrist.

    12. Re:slap on the wrist: by Anonymous Coward · · Score: 0

      Go out have a few drinks and get pulled over (without hurting anyone or a wreck at all). You blow a .06 and they arrest you and charge you with a DWI (Yes, legal limit is .08, but they'll arrest you even if you're close to it). You'll loose your license, have fines way above $775, and spent at least a night in jail. You'll also have to do community service and guess what it's probably across town and probably full on the weekends so you'll get to take off of work to go do that. If you're lucky you might get a permit to drive to/from work and community service, but it's not a sure thing. That's just a little part of what you'll go through if you get arrested for a DUI/DWI.

      Now we have a kid here that cuts the leg off of two people, because he decided talking to his girl friend was more important than the lives of other motorists. He gets a $775 fine and has to talk at a couple school.

      In one instance no one was hurt and in the other instance two people are injured for life. What that kid did should at least carry the same punishment as if he were drunk, because in reality there is no difference. Both consuming alcohol and texting while driving can have the same effect on the driver.

      --wmbetts

    13. Re:slap on the wrist: by BronsCon · · Score: 1

      "We're gonna sentence you to speak at 14 places you have to drive to, but we're taking away your right to drive, so we'll see you back here next month to discuss new charges for skipping out on your community service." Asshole. I agree, he should lose his ability to drive, in lieu of the community service; or maybe he showed remorse for his severe fuckup and, like people do, learned that he shouldn't fucking do that again?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    14. Re:slap on the wrist: by Anonymous Coward · · Score: 0

      He has proven himself too irresponsible to be driving. His license should have been taken for a significant period of time, at least a year.

      There's still buses, trains and taxis to get around. Maybe he would have had to move house to be within reasonable distance of them - that's how it rolls, you have to adapt to your situation. The people he crippled have probably had to move house (to one adapted for disabled people), so I don't think it is unreasonable for a criminal punishment to have additional ramifications on the criminal's own life beyond the fine and community service.

      If he needed the license to keep his job, and somehow that argument won, then a reasonable fraction of his earnings should have been garnished for the same period. If he didn't have a job then $775 is probably still significant enough to him to have the desired effect.

      I hope he had car insurance. Drivers without insurance should just go to jail, they're a danger to society with their irresponsibility.

    15. Re:slap on the wrist: by psiclops · · Score: 1

      if he hadn't had an accident or hit anyone and was simply observed by a cop as having been using his phone whilst driving would you still feel the same way?

      --
      i spent five minutes thinking and all i got was this crappy sig
    16. Re:slap on the wrist: by Kalriath · · Score: 1

      No, screw that shit. People don't get off simply because the sentence is inconvenient. If you commit a crime, you do the fucking time. He permanently injured two people, and got off pretty much scot free, and you're seriously arguing that if his sentence is inconvenient then he shouldn't be subjected to it? Speaking of assholes... There are ample ways to reach places outside of walking range, including public transport, taxis, and asking someone to drive you there. And expecting you to bloody well organise your own way to your criminal punishment is more than appropriate.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  7. Re:it is an interesting bit of moral responsibilit by DMiax · · Score: 1

    sure, this is good practice. but if you don't know, or are too distracted to notice it is still not your responsibility. being a text, it seems reasonable to assume that the receiver will read it when it is appropriate to do so.

  8. 775 fine for permanently disabling two people?! by fantomas · · Score: 2

    Can somebody with more knowledge ofthe US legal system explain what appears to be a tiny penalty for crashing into and permanently disabling two people? I would have expected a more serious punishment.

    Is this a typical punishment for this kind of crime?

    1. Re:775 fine for permanently disabling two people?! by mazarin5 · · Score: 1

      In my city, you have to keep the sidewalk clear of ice. You can get a $100 penalty for not doing it. It's rarely enforced unless they're trying to lay pressure on an absentee landlord, or if you live in a wealthier area.

      Anyway, if somebody slipped and hurt themselves because I didn't maintain my sidewalk, I would totally get slapped with a $100 fine. The city wouldn't pursue it further because that's all I've done wrong. On the other hand, the person who slipped could sue me for medical bills, etc.

      In this case, it seems that he got a typical penalty for distracted driving. Probably closer to the maximum, given the circumstances, but I'm not sure. He'll still end up paying the injured couple more directly in a different court.

      --
      Fnord.
    2. Re:775 fine for permanently disabling two people?! by Anonymous Coward · · Score: 2, Insightful

      >Is this a typical punishment for this kind of crime?

      This is america. As no corporations were harmed in the accident, they don't give a shit.

    3. Re:775 fine for permanently disabling two people?! by Anonymous Coward · · Score: 0

      No, it's not unusual. Car crashes almost never result in criminal prosecution in the United States. This is true even for crashes that are clearly caused by negligence.

      There are rare exceptions if the victim is especially sympathetic and the driver is especially undesirable. For example, an immigrant who kills an attractive and wealthy white person may face jail time. But otherwise, prosecution is very, very rare.

    4. Re:775 fine for permanently disabling two people?! by nxtw · · Score: 1

      FTA, the charge was "distracted driving", not something closer in meaning to "crashing into a vehicle/motorcycle and causing injury" or even "failure to control vehicle". The fine & speaking tour seems more reasonable to me considering it was for the distracted driving charge. I've known people to get more tickets in no-injury collisions.

      Reading the article, it looks like this happened in 2009, and no other charges or details were mentioned - so I'm guessing there is more to the story here. There are many possibilities, but my guess is that the situation would have resulted in something happening even if the truck driver was paying full attention to the road - could have been a near miss, could have been a lower speed collision...

    5. Re:775 fine for permanently disabling two people?! by Burning1 · · Score: 1

      The US legal system seperates civial law suits from criminal law.

      Criminal law applies punishment based on what laws were broken. This usually includes fines, and may include punishment such as license suspension and jail time. If he had been drunk when he hit the motorcyclist, he'd probably be in jail now. But texting isn't treated the same way, so the punishment isn't severe. The fines here are probably along the lines of 'distracted driving, resulting in bodily injury.' The facts of this case are probably simple, and the driver probably plead 'no contest.'

      Civil law comes into play when you've harmed someone. Civil law seeks to make the harmed party whole, and put a $$$ figure on both tangable losses (motorcycle is broken, and can't work) as well as intangable losses (the riders are emotionally traumatized.) This case is going to be a big battle, because they need to determine the level of liability, as well as what is just compensation. The end award will probably be hundreds of thousands, or millions of dollars. Civil court cannot directly send someone to jail.

      Criminal law is a crime against the people, and prosocuted by the DA. Civil law is about injury to the plaintiff, and is usually prosocuted by the plaintiff's lawyer.

    6. Re:775 fine for permanently disabling two people?! by blueg3 · · Score: 1

      Penalties are generally small and systematic. For moving violations (driving offenses), you often don't even get much protection in the way of trial by jury. You speed, you get a penalty. They're independent of the damage caused. Since they're easily and often incurred, they're relatively cheap.

      Since they're systematic, they can be sorted out very early in the case. Damages are sure to come later (after someone is determined to be at fault). Damages in this cause are sure to be substantial.

    7. Re:775 fine for permanently disabling two people?! by sco08y · · Score: 1

      Can somebody with more knowledge ofthe US legal system explain what appears to be a tiny penalty for crashing into and permanently disabling two people? I would have expected a more serious punishment.

      Is this a typical punishment for this kind of crime?

      The US has a rather long history of tempered justice, going back to John Adams defending the British soldiers accused of deliberately firing into a crowd and killing civilians, the infamous Boston Massacre. The mob wanted hangings, but Adams famously said, "facts are stubborn things" and the jury agreed and acquitted most of them.

      The fines and jail time only ramp up when there is intent, or disregard for the law (e.g. hit and run). If you screw up accidentally, you're expected to pay damages equivalent to, wait for it, the damage you caused.

      And they have to prove it. The big exceptions tend to be when The Children are involved, or there is a War on Whatever.

    8. Re:775 fine for permanently disabling two people?! by JDG1980 · · Score: 1

      Can somebody with more knowledge ofthe US legal system explain what appears to be a tiny penalty for crashing into and permanently disabling two people? I would have expected a more serious punishment. Is this a typical punishment for this kind of crime?

      In the U.S. it is very easy to get a driver's license, and punishments for driving offenses is usually little more than a fine and some "points" on the license. (Too many points means you lose your license.) You will also be charged higher insurance rates. The only exception is drunk driving, due to a protracted political campaign that started in the late 1970s.

      This is because the physical layout of the U.S. makes walking, biking, and public transit infeasible in most parts of the country. The only way to live an independent adult life is to have an automobile. Therefore, we can't be as strict about driving licenses and driving-related offenses as Europe, because over there, it's much more livable without a car. In the U.S., taking away someone's drivers license is basically demoting them to childhood, dependent on someone else for every single trip.

    9. Re:775 fine for permanently disabling two people?! by dissy · · Score: 2

      Is this a typical punishment for this kind of crime?

      Yes, it's fairly typical for the government fine.

      In cases like this there are two transfers of money. One to the government, and one to the victims of the crime.

      Generally the fine that goes to the government is in the 2-3 digit range, occasionally 4. Rarely is there ever a fine at the $10,000 level or above that goes to the government or courts.

      The next fine that will happen goes to the victims. This however will likely be huge, since he will have to pay for both medical bills, pain and suffering, and other compensation (loss of work and future work, loss of ability to be self sufficient, etc)

      The medical bills alone could easily be in to the hundreds of thousands of dollars in the US, but all the rest added to that could easily bring it to a million dollars or more.
      This part of the case hasn't happened yet so we don't know. Our legal system moves pretty slow too for civil cases unfortunately.

      Personally I feel this is a good thing. If the government took all of this mans money, there would be nothing left over to go to the victims.
      A lot of people are too poor to pay the victims anyway, which will result in jail time for them, which does not help result in them making a lot of money to send to the victims still.
      But the most money needs to go to the victims where it belongs, not to the government. What money does go to the government for the court costs however should be from the criminal, not the victim, so it's not unreasonable to have both fines this way.

    10. Re:775 fine for permanently disabling two people?! by Paradise+Pete · · Score: 1

      On the other hand, the person who slipped could sue me for medical bills, etc.

      It's probably the other way around. If they slip after you've modified the conditions it's more likely to be seen as your fault than when you simply leave it in its natural state.

    11. Re:775 fine for permanently disabling two people?! by darkmeridian · · Score: 1

      That's just the government fine, not the civil suit. If they haven't sued the dumbass yet, it's probably because he and his parents are dirt-poor. The girlfriend's probably loaded, which is why they tried to sue her with this BS claim rather than the kid.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    12. Re:775 fine for permanently disabling two people?! by Anonymous Coward · · Score: 0

      Fortunately, That's not how it works. As long as you made an effort in good faith (shoveled a path, put down salt, etc.) to keep the side walk clear, you are pretty much in the clear. That doesn't mean that the people who fell couldn't try.

  9. Sensible decision from the Judge by Faluzeer · · Score: 3, Interesting

    Hmmm

    The only person responsible for the accident was the driver of the car. He chose to read the text messages whilst driving. What I cannot understand is the reasoning from the courts as to the decision handed down to the driver of the car. Such a serious accident and he did not even get banned from driving? As a motorcyclist that has to contend with car drivers paying insufficient attention to the road on a daily basis, I have to state that the driver should have been penalised much more severely for his actions.

    1. Re:Sensible decision from the Judge by VortexCortex · · Score: 1

      As a motorcyclist that has to contend with car drivers paying insufficient attention to the road on a daily basis, I have to state that the driver should have been penalised much more severely for his actions.

      I ride motorcycles too, out on the open road though, never in traffic... Punishing the absent minded drivers won't mean a damn thing when you finally win the Darwin award.

    2. Re:Sensible decision from the Judge by Faluzeer · · Score: 1

      As a cager that has to contend with motorcyclists paying insufficient attention to the road on a daily basis, I have to state the the driver did us all a service by removing two dangerous hazards from the road.

      I pay a great deal of attention to motorcycles when I drive -- though for my own protection. Motorcyclists seem to do incredibly stupid and dangerous things every time they're around me.

      Just a few days ago, for example, some moron on a motorcycle decided to pass me on the right (the shoulder, not a different lane) while I was making a right turn on to a busy highway. Had I not expected him to do something incredibly stupid when I saw him behind me, I'd have run right in to him. (What's worse, he shouted some obscenity at me as he drove past, as though it was my fault he was putting his life and my fender unnecessarily at risk.)

      I would state that motorcyclists that do not pay sufficient attention to the road do not remain motorcyclists for very long through either through death or serious injury. As for removing 2 dangerous hazards from the road, I have not seen any information that says they contributed to the accident in any way, therefore you appear to be tarring all motorcyclists with the same brush due to past encounters with moronic bikers.

    3. Re:Sensible decision from the Judge by Spy+Handler · · Score: 2

      I also ride motorcycles. After reviewing many fatal motorcycle accidents, I"ve come to the conclusion that 99% of them can be avoided by careful riding on the part of the biker... even while sharing the road with brain-dead car drivers.

      #1 rule for avoiding fatal accidents is to slow the fuck down while crossing an intersection. In every single fatal accident involving a left-turning car that I've seen, even though technically the car is at fault, the biker was traveling at excessive speed. Most city streets have a speed limit of 35mph. By going 30mph through intersections (only a little bit slower than the posted limit), and by covering the brake lever and being alert for any potential left-turning cars, you can almost completely avoid dying from plowing into a left-turning car. I've crashed into a car at 25mph before and while it was not a pleasant experience, I can't see any possibility of dying from it if wearing a proper helmet. Double so if wearing body armor also.

      #2: avoid twisty two-lane canyon roads, and if cannot, go slow and keep to the right side of the lane. Disproportionately large number of accidents happen on these roads. Some because squids think they're Rossi and crash by themselves, and some because of oncoming cars crossing the center line. By simply not going to these type of roads, you reduce your chance of dying by several orders of magnitude.

      I personally will be violating this rule because I ride sportbikes, but if you ride Harleys or Goldwings you can do this.

      #3 Not only know the proper technique, but drill and practice until it becomes second nature. Mostly I'm talking about knowing how to steer quickly (countersteering is the only possible method) and looking where you want to go, not where you're going to crash. This is common knowledge and many if not most people know this, but it's not second nature!

      I've been watching rnickeymouse youtube videos and some of the guys crashing are actually quite good, they're dragging their knees in corners and their head is turned way to the inside, looking at the corner exit (as is proper). However, something unexpected happens, such as rear end sliding or footpeg dragging, and it throws them off. Even after they recover from the little mishap, now their attention is all shot to hell and they target-fixate and run off into the dirt and crash. So even though they *know* about countersteering and looking where you want to go, it hasn't become second nature to them.

      #4 get ABS.

    4. Re:Sensible decision from the Judge by narcc · · Score: 0

      therefore you appear to be tarring all motorcyclists with the same brush due to past encounters with moronic bikers.

      Indeed, I am.

      Someday, if I encounter an attentive and responsible motorcyclist, I'll surely regret making that post.

    5. Re:Sensible decision from the Judge by Anonymous Coward · · Score: 0

      Oh, you've encountered them. Doesn't mean you saw them... Inattentiveness, it goes both ways even if it's harder to see you looking the wrong way in your cage.

    6. Re:Sensible decision from the Judge by c.r.o.c.o · · Score: 1

      #2: avoid twisty two-lane canyon roads, and if cannot, go slow and keep to the right side of the lane. Disproportionately large number of accidents happen on these roads. Some because squids think they're Rossi and crash by themselves, and some because of oncoming cars crossing the center line. By simply not going to these type of roads, you reduce your chance of dying by several orders of magnitude.

      Then what's the damn point in riding a bike? Save on gas, crawl from point A to point B and claim "I rode 1000km today in a straight line", or do you just enjoy being uncomfortable and less safe than in a car?

      Take away the fun of the twisties and I may as well stick to my cage full time. At least then I can listen to music without headphones, have a smoke and a drink of water without stopping every 200km. And if a distracted driver does manage to plough into me, I'll have a cage and half a dozen airbags to protect me.

      It's a bit sad you look at twisties as something to be avoided. Try them sometime, you may find you like them.

    7. Re:Sensible decision from the Judge by Spy+Handler · · Score: 1

      You didn't read the paragraph which said,

      "I personally will be violating this rule because I ride sportbikes, but if you ride Harleys or Goldwings you can do this."

    8. Re:Sensible decision from the Judge by Isaac-1 · · Score: 1

      This attitude just goes to show that as a bike rider you see the highways as your personal race course / play thing

    9. Re:Sensible decision from the Judge by adolf · · Score: 1

      #1, because I couldn't bear to read any further:

      In Ohio (at least), most city streets (as in, everything not otherwise-marked or a designated State Route) are restricted to 25 MPH.

      Navigating a turn at an intersection in any vehicle at 30MPH is likely to get one all-sorts of fucked up if the road is not abundantly clear, because nobody around expects that.

      In social aspects, it's also likely to alert your passengers to the fact that you're a madman, because you're going fast enough to scare them.

      In traffic aspects, it's likely to catch the one vehicle that you didn't see off-guard -- even if the operator of that vehicle was generally succeeding at paying attention.

      But on a bike? FFS: Everyone else is already trying to kill you. Don't press your luck. Assume that they're all of texting and drunk, while they also have to piss and are -very- high, while also stoned, fucked-up, and also need to dump a load. Meanwhile, they're concurrently groping for a lost (lit!) cigarette and somehow also managing to finger their girlfriend while they're also aiming directly at you because they both see you and have determined that you need exterminating. (Take all of this into consideration and you'll probably do fine for years, perhaps even decades...as long as you're not too bold about it.)

      (Disclaimer: I drive an E36 BMW with sticky tires, and slowing down for a turn inside of a US city is always completely optional -- in fact, acceleration is also always an applicable option. But I still slow waaaay down when there is any visible movement, at all, when navigating a turn, and I give bikers and other vehicles all the breathing room necessary (even if it pisses off my fellow car-dwellers) for them to do what they're doing. Furthermore, I'd far rather be rear-ended by a few tonnes of someone with airbags and seatbelts than to run over a pedestrian or on any manner of lightly-armored vehicle like a motorcycle, scooter, Segway, bicycle, or similar because then, at least everyone probably lives .)

    10. Re:Sensible decision from the Judge by Anonymous Coward · · Score: 0
  10. "Only in America" by Tim+Ward · · Score: 0

    Not a lot else to say really.

  11. Re:At first... by Anonymous Coward · · Score: 4, Insightful

    Why is he a douchebag? Just because he and his wife each lost their left legs in the crash while the driver gets sentenced to less than a thousand dollars in fines and has to speak a few schools on the dangers of texting and driving? If she knew he was texting while driving, I'd say there is a small amount of culpability on her part. But I'm guessing that the reason the girlfriend is getting sued is that the kid and his parents have no money. Probably the best the couple can hope for is to get judgement that's to garnish his wages for the rest of his life.

  12. Re:it is an interesting bit of moral responsibilit by Technician · · Score: 3, Interesting

    If you don't answer the IM, it remains in your inbox just like an email. If you are unavaliable to take the call, IM, or Email while driving, let it go to voicemail, inbox, etc. I'll still be there when you have time to deal with it.

    In many places distracted driving due to phone use is illegal. My contacts know I don't take calls while driving, but I am aware I have a message, either voicemail or text.

    The illegal act or dangerous act was the driver's responsibility. I'm not sure if texting while driving is lillegal where he was, but it is still dangerous, which was demonstrated by the driver.

    --
    The truth shall set you free!
  13. Re:At first... by DMiax · · Score: 4, Insightful

    insightful? are you kidding me?

    Two people lost their legs because the asshole was texting. I'd give them a pass for being a little cranky and suing around!

    That an AC could be a sociopath devoid of any empathy is par for the course, but mods, really?

  14. Canada isn't big on harsh punishments by Sycraft-fu · · Score: 0

    Their jail sentences, fines, and so on are much, much lighter than the US. Remember it is a different country, different laws and all that.

    If it is a good thing or not is up for debate but the violent crime per capita statistics make for an interesting comparison.

  15. Re:At first... by Anonymous Coward · · Score: 5, Insightful

    Having bad things happen to you does NOT EVER give you a free pass to cause bad things to happen to others.

  16. Re:At first... by Anonymous Coward · · Score: 0

    I dunno, I don't think this "electronically present" thing has come up in court before. So they tried it, the judge decided that ruling for them would have crazy ramifications, and they lost. Not sure how that makes them douchebags.

  17. Re:At first... by Anonymous Coward · · Score: 0

    What about the empathy of the injured party? Just because someone caused them harm doesn't allow them to sue the crap out of everyone they can ignoring any effect it might have on another innocent person.

  18. Re:At first... by Anonymous Coward · · Score: 1

    If someone (the driver in this case) because of massive stupidity or carelessness does something terrible to you (or your loved ones), and the state does not punish them severely, then you are given free pass to extract whatever punishment is due. My opinion only.

  19. Re:At first... by Anonymous Coward · · Score: 5, Insightful

    You don't consider it douchebagy to sue an innocent person just because they have money?

  20. Re:At first... by DMiax · · Score: 3, Insightful

    suing is not "causing bad things to others". it is simply asking a judge "don't you think this person owes me money because of his behavour?". The judge said no, case closed. explain to me the harm they have caused to anyone aside from the inconvenience to walk to court? something that incidentally the defendant did not even do?

    But then again, if you cannot even muster the sympathy to excuse the act of "slightly inconveniencing" by the injured couple, I don't think we can ever agree.

    Of course you don't have to, it is just that for functioning human beings it is natural to be understanding to people that suffered a loss.

  21. Not an "accident" by Anonymous Coward · · Score: 0

    Willful stupidity is not an accident.

  22. next time.. by Anonymous Coward · · Score: 0

    sue the fucking driver, you gold-digging idiots.. and get a different lawyer -- yours is as stupid as the whole lot of you -- filing suit against the non-present girlfriend instead of the driver, which you can do here ya know, seeing how the 775 + community service was the *criminal* penalty (not civil). remember OJ? he got off in *criminal* court but lost his shorts in *civil* court (tfa makes no mention of civil action against the driver .. but if there was any.. you'd think it would be mentioned.. unless the journalist and editors are also fucking morons too)

  23. There should be a price by Karmashock · · Score: 4, Interesting

    If you get found guilty of filing a frivolous lawsuit... you should be punched in the face.

    I'm not going to bother levying a fine. These idiots are litigious jerks and probably are broke anyway. Why bother with that. Just have the bailiff pop him in the face.

    Barbaric you say? Not at all. Barbaric would be one person randomly coming up to another person on the street and doing it. The difference between kidnapping someone for ten years and prison is the court system.

    So if the court determines you filed a frivilious lawsuit... one solid pop to the face. Nothing more or less. You want to file another suit? Go for it.

    I have no idea if this would cut down on bullshit lawsuits but I'd like to experiment with it.

    What about corporations? That's a little more complicated. I don't want to just punch the lawyer in the face because for all we know he's just some young legal grad they hired to be a punching bag. I'd probably go with the head of their legal department or possibly their CEO. God knows Steve Jobs should have been punched in the face a few times went he decided to touch off this patent Armageddon.

    Possibly a stupid idea... but it would make judge judy more interesting to watch. Can you just picture this in a tv court show? That would be delicious.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:There should be a price by Anonymous Coward · · Score: 0

      Really? The two victims of his negligence, who now have amputated limbs, should be punched in the face? While I agree that the suit should have failed, I think you have a rather warped understanding of the mental and emotional state of somebody who has been so gravely injured by another person's idiocy. He got a $775 fine, they lost their LEGS, and they are making decisions on that basis. Step back and get a little perspective before suggesting that they should get "one solid pop to the face."

    2. Re:There should be a price by Karmashock · · Score: 2

      Yep. I don't care. Old women. Children. Who ever wants to do it. You file a bs lawsuit and the court determines it to be frivolous by the legal strictures of the court... Immediate punch to the face.

      If the person has some sort of head injury we can give them a court ordered punch to the gut or possibly a really wicked indian burn.

      Possibly really really spicy indian food that they are forced by law to eat.... you know the stuff that makes you feel like you're crapping acid for at least two days?

      Or maybe hydrogen peroxide applied to their hair for so long it almost falls out?... I don't want to really hurt them. It just needs to be painful, humiliating, and ideally it should cause jackasses to not feel so blithe about filing dozens of bs lawsuits concurrently.

      That would only be allowed in extreme medical cases. Otherwise, straight punch to the face. Not a big haymaker. I don't want to give the guy a concussion. Just a solid good morning punch to the face.

      I just imagine one of these idiots getting popped in the face twice in the day by the bailiff... it makes the situation less annoying.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    3. Re:There should be a price by Anonymous Coward · · Score: 0

      I agree, at least to the extent to where they are making decisions under considerable stress.
      Punch their "counselor" in the face - repeatedly, while explaining to them "This is what happens to you when you trivialize society" "Would you like to continue to address the judge ?" Solves both problems. The lawyer gets to reconsider his advice to his clients, or quits. The plaintiffs don't get immediately punished for following the bad advice of a professional.

    4. Re:There should be a price by Greyfox · · Score: 1
      Ooh! Dibbs on that job! I was just thinking the other day, there are a lot of people out there who need to be punched in the face, and I'm just the person for the job! I need an Obama executive order creating the US Office of Face Punching and making me the director! We could issue a license to punch anyone in the face who needs it! After I got back from a week at the Fox studios, I could get to work on this sort of thing! I'd probably need some helpers though. There seem to be a lot more people who need a punch in the face than one person can get to.

      Corporations, you could just punch the guy in the face whose call it was to file the lawsuit. Or just everyone in the corporation, in particularly egregious cases. Like Fox News.

      Aww yeah. I think it's a great idea!

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    5. Re:There should be a price by Karmashock · · Score: 1

      No. This is for court ordered events and really it's best for the bailiff to do it. It reduces overhead that way. An immediate reaction after which the guilty party being duly punished in a court of law may go.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    6. Re:There should be a price by Greyfox · · Score: 1

      Well couldn't the judge just whack them on the forehead with his gavel, then? Just like order everyone to approach the bench and then just reach out and whack them? That's why I never seriously considered going into law; I'd be way too tempted to do that at some point. Yeah, I know, I should probably talk to someone about my rage issues...

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    7. Re:There should be a price by Anonymous Coward · · Score: 0

      If you get found guilty of filing a frivolous lawsuit... you should be punched in the face.

      Umm, no.

      I've been to court for a restraining order and it was deemed to be "frivolous".

      Given that I had been punched in the chest, getting a slap in the face because a judge decided that due to there being no witnesses an order would not be given.. would be quite painful to take.

    8. Re:There should be a price by Karmashock · · Score: 1

      no, it's best if the judge doesn't personally execute a sentence. There's a good separation there. Just have the bailiff pop him in the face unless he has medical problems and then do something equally unpleasant but not life threatening.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    9. Re:There should be a price by Karmashock · · Score: 1

      No... the point is not to beat them.

      Look... maybe the stocks are a better solution if people aren't getting the point here.

      Example:
      http://en.wikipedia.org/wiki/Stocks

      The idea is not to hurt them but to humiliate them and get their attention so they realize that what they're doing will not be tolerated.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    10. Re:There should be a price by Karmashock · · Score: 1

      Yeah people aren't getting the point here... so apparently I'd have to resort to the stocks instead:
      http://en.wikipedia.org/wiki/Stocks

      The point is not to hurt someone. The point is to make them take the process seriously.

      So many things that are handled by fines today should be handled by something like this... it doesn't hurt anyone. No nasty fines. No jail fees to pay for... you don't even have to provide food. Water probably should be provided but that costs nothing. they can get up to go to the bathroom and then right back into the stocks. After a good eight hours of that they can go home.

      And don't do it again.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    11. Re:There should be a price by TomJetland · · Score: 1

      You could do what the ancient Romans did and brand a 'false accuser' with the letter K on their forehead!

    12. Re:There should be a price by Karmashock · · Score: 1

      Maiming has it's place. I don't know if false accusations are enough to warrant it. It would require felony convictions at a minimum.

      For example, something to identify murderers, rapists, child molesters etc. If they serve their time they have a right to exist in society but I don't know if anonymity is a right they deserve.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  24. Google! Please save us! by Spy+Handler · · Score: 0

    When Google finally perfects its robotic driving system, hopefully it will become mandatory for all cars and trucks in the U.S, and us motorcyclists can rejoice!

    No more texting drivers like from TFA. No more drunk drivers. No more brain-dead drivers who turn left right in front of you in broad daylight, even though you have headlights on high beam and even partially blind people can see you.

    1. Re:Google! Please save us! by jsh1972 · · Score: 1

      ... so then you will just get sued for failing to keep the car's AV definitions up to date? Or for rooting your car to get rid of the carrier bloatware (car will still an internet connection, after all... subsidized cars on a two year contract, anyone?) so the turn by turn navigation won't drive you ten miles out of your way in order to pass in front of an olive garden that has a targeted ad pushed to you?

    2. Re:Google! Please save us! by Spy+Handler · · Score: 1

      so then you will just get sued for failing to keep the car's AV definitions up to date?

      That would be Google's job, not yours. And why would the car need AV at all? It's not gonna be running Windows and it will be an embedded system.

      Or for rooting your car to get rid of the carrier bloatware (car will still an internet connection, after all... subsidized cars on a two year contract, anyone?) so the turn by turn navigation won't drive you ten miles out of your way in order to pass in front of an olive garden that has a targeted ad pushed to you?

      If the system has been perfected, this would not be an issue. There would be no carrier. Why would anyone in their right mind consider relying on internet connection for safety? The car would be completely autonomous with no need for the internet. Maybe a map upgrade once in a while only, which can be done via wifi overnight.

    3. Re:Google! Please save us! by Anonymous Coward · · Score: 0

      You just answered your own question. AV would be required because you're connecting the computer to the internet. Personally, I think this is a good excuse to have signed updates that are only allowed to come from the manufacturer.

    4. Re:Google! Please save us! by ThatsMyNick · · Score: 1

      You wouldnt need an antivirus. This is one of the cases where a walled garden provided by manufacturer/google works really well. You can only run apps tested and signed by Google/manufacturer.
       
      I doubt they would target ads this ways, as I most likely will not even look out of the car. I would simply watch a movie, read the daily news, till I reach the destination.

    5. Re:Google! Please save us! by DriedClexler · · Score: 1

      WTF? You imagine some world where human-driving a car will be banned, but human-driving a motorcycle won't be? And you also think that illegally keeping your high-beamers on is somehow justified because of stupid drivers that won't notice them?

      --
      Information theory is life. The rest is just the KL divergence.
    6. Re:Google! Please save us! by Spy+Handler · · Score: 1

      a motorcycle using high beams during daytime is not only not illegal, it's a mandatory requirement in some states.

  25. They are properly termed "traffic collisions" by linuxwrangler · · Score: 1

    Back in another life when I worked in law-enforcement the correct term to use was "traffic collision." This is how you will see it reported on the California Highway Patrol incident page: http://cad.chp.ca.gov/

    --

    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
  26. Re:it is an interesting bit of moral responsibilit by JWSmythe · · Score: 1

        It's not your responsibility to make sure the other person is behaving properly. Do you ask if they just put the baby in the bath, or put a pan full of oil on the stove? I kind of doubt it.

        On plenty of occasions, I have answered to say "I'm driving, I'll call you back in a few." If I'm of the belief that where I am driving is too difficult to even do that, I let the phone ring. It's the difference between a long straight empty highway, or navigating city streets with other drivers around.

        What if your "sense" isn't right. For example, my mom drives a nice car, that's dead silent inside. Her calls go through via bluetooth to the cars sound system. I can't tell the difference if she's out somewhere, driving, or sitting at home and didn't get to the home phone first. She will tell me "I'm driving, let me call you back."

       

    --
    Serious? Seriousness is well above my pay grade.
  27. Re:At first... by Chirs · · Score: 1

    suing is not "causing bad things to others". it is simply asking a judge "don't you think this person owes me money because of his behavour?". The judge said no, case closed. explain to me the harm they have caused to anyone aside from the inconvenience to walk to court?

    Sorry, no. Suing someone is saying, "I think this person has done me harm enough that I will take the court's time and incur legal fees to get what I think is coming to me."

    For someone who doesn't have a lawyer on retainer, being sued will generally cost a minimum of several hundred dollars.

  28. Re:At first... by DJRumpy · · Score: 2, Insightful

    The recipient of such messages is in complete control as to whether or not to acknowledge such messages. Although this might on the surface seem similar to cases where a bartender was held responsible for serving a 'drunk', in this case, the recipient of the messages is in full control of their faculties.

  29. Re:At first... by Anonymous Coward · · Score: 0

    As a different AC, I have empathy that they got hit. I don't have empathy for them trying to take to court something that 30 seconds or so of thought would indicate is ridiculous.

  30. Re:At first... by Galestar · · Score: 1

    suing is not "causing bad things to others". it is simply asking a judge "don't you think this person owes me money because of his behavour?". The judge said no, case closed.

    Sure, as long as they pay the defendant's court costs for bringing such a stupid lawsuit, I'm okay with it. (as it is the article has been slashdotted so I can't read whether or not they did)

    --
    AccountKiller
  31. Re:At first... by superdave80 · · Score: 5, Insightful

    explain to me the harm they have caused to anyone aside from the inconvenience to walk to court?

    Walking to court costs nothing.

    Walking to court with a lawyer will cost you $600/hr, for who knows how many hours to prepare for the completely baseless case. Luckily she had a judge that was smart enough to throw the case out quickly. God help her if this was dragged to trial, as the 'inconvenience' could have run into the thousands or tens of thousands of dollars.

    They are assholes for dragging a woman into court that they know is completely innocent. Period.

  32. Re:At first... by glorybe · · Score: 2

    Some states do not allow the wages to be garnished. In Florida a garnishment is excessively rare although the system has one or two now and then. Combine that with a physical injury cap of 10K per person and the victims can't even pay for the initial ER bills much less the tons of bills and loss of income and life long disabilities. And it gets even worse. In some counties many people have no insurance and not even a driver's license. Retired people who feared loss of life time savings set these laws and policies into motion.

  33. Re:At first... by Nerdfest · · Score: 2

    I think the law needs to be altered to change that from "assholes" to "criminals" at the judges discretion.

  34. Re:At first... by PPH · · Score: 5, Insightful

    Actually, they were injured because some asshole was reading texts (OK, maybe he was replying as well). But he didn't have the good sense to leave his f*cking phone alone while driving.

    The fact that the driver's sentence was just a slap on the wrist is what is disturbing. But just going after the next person with deep pockets or a paid up liability policy is ludicrous.

    --
    Have gnu, will travel.
  35. Duh... by SirBitBucket · · Score: 0

    Well, Duh...

  36. Re:At first... by Anonymous Coward · · Score: 0

    What about walking to court on one leg?

  37. Re:it is an interesting bit of moral responsibilit by Anonymous Coward · · Score: 0

    He didn't say he did it out of a sense of responsibility, it's just plain old good nature and kindness. If you're talking to someone and suspect you're distracting them, it's simple courtesy to offer to call back later. You don't understand civilization too well, do you? Nobody was suggesting you start mind-reading.

  38. Re:it is an interesting bit of moral responsibilit by JWSmythe · · Score: 1

    Actually, you should read what he wrote. That's exactly what he said. It is out of a sense of responsibility, and he does "sense" if they are driving.

    if i get the sense i'm talking to someone who is driving, i will say "are you driving? i'll get off the phone"

    it's not about being a hyperactive boy scout, it's not about the law, it's about living with myself. because if i am on the phone with someone while they are driving and i am AWARE of it, then i am responsible for continuing the conversation, and helping to keep the driver distracted

    i have to live with myself. and i have to respect myself

    --
    Serious? Seriousness is well above my pay grade.
  39. Re:it is an interesting bit of moral responsibilit by Anonymous Coward · · Score: 0

    Personal responsibility vs legal responsibility. Context people, use it.

  40. Force people to text and drive by telso · · Score: 1

    They tried this at a driving school in Belgium. Most people realised pretty quickly how dangerous it was.

  41. Re:At first... by sco08y · · Score: 3, Insightful

    They are assholes for dragging a woman into court that they know is completely innocent. Period.

    You don't know innocence or guilt until a person is tried, and they may have had reason to believe she was at least partially culpable. If she knew her boyfriend was driving, there's a case there that she was a party to an act of gross negligence.

    I agree entirely with the judge's ruling: the court has to set hard limits to where you can assign blame so as to prevent an inquisition. We don't know if the texts reveal that she knew, also, but it seems unlikely.

    But in light of how severe their damages were, I think they were right to bring it before the court, even though it was a long shot.

    And they probably also felt morally wronged by her, and it's not at all unreasonable to seek out justice through the system that society has set in place to resolve such disputes. Especially when, you know, you just lost your fucking leg.

  42. But wait for the insurance settlement by knorthern+knight · · Score: 1

    The fact that he gets a light fine means nothing when the *CIVIL LAWSUIT* is prepared. Unless otherwise mentioned, I assume he has liability insurance. His insurance company will probably settle out of court with the motorcyclists. They have an open+shut case, and a jury will be very sympathetic to them, so the insurance company will probably pay very close to their initial demands.

    Going after his girlfriend is sleazy, however. That crosses the line.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  43. Re:At first... by nedlohs · · Score: 3, Insightful

    Suing a person who has no involvement just because they have money clearly qualifies as douchebaggery.

  44. Re:At first... by kaws · · Score: 2, Insightful

    I would say it's not exactly the same. The bartender is able to see the status of the person right in front of them. On the other hand the person texting probably doesn't know if the recipient is driving.

  45. The telco and phone manufacturer are next. by Anonymous Coward · · Score: 0

    Hooray! This article should be tagged "suddenoutbreakofcommonsense". I'm happy to hear it. The case is ridiculous. The slap on the wrist received by the man actually driving the car that hit the motorcycle is the real problem, attacking random other people who were NOT DRIVING THE CAR is just sad.

    If the case had proceeded, beautiful women would have to start wearing burqa's in the US when walking in public, not because of Sharia law, but to avoid getting sued when guys start checking out their gorgeous bodies and beautiful faces, and crash the cars they're driving into people or things...

    Then all the signs and billboards would have to come down because the whole point of a sign or billboard is to grab attention, and if someone gets distracted by a sign or billboard... the person or company that put the billboard, etc. up will be liable.

    I guess the next thing that's going to happen is they'll sue the company that carried and transmitted the text message, and the company that manufactured the phone.

    Hey, why not sue the makers of the motorcycle for failing to make it car-resistant... or sue the guy operating the motorcycle for failing to be aware of his surroundings, and noticing the car?

    BTW, I ride (Kawasaki 454 LTD) and I am CONSTANTLY assessing the situation, in front, to the sides, as well as behind me, using mirrors, over the shoulder glances, etc. I always wear gloves and a helmet when I ride... I know that my motorcycle, viewed from the font or the rear, is not much bigger than a person walking, and looks nothing like the car, truck, SUV, semi-tractor/trailer, or bus that the drivers on the road are used to seeing, and are looking for. I therefore assume when I ride, that if anyone CAN make a move that puts his/her car on a collision course with my bike, that they probably will, and I need to prepare for it, by adjusting my speed, lane position, location of my bike with respect to other vehicles' blind-spots, covering horn, brakes, clutch, etc.

    I have yet to get hit, and have used my horn judiciously, (just on the occasions when it's appropriate, to make sure they know I'm there...) and I feel pretty safe, even knowing that the barely-guided, four-wheeled missiles behind me move almost as if they are actually out to kill me. Knowing my bike is a veritable cloak of invisibility has kept me well, alive, and safe. Although my bike is no crotch rocket, it has plenty of pick-up, can be "revved to the moon" as they say, but I don't abuse the power (much).

    I have seen a lot of people on motorcycles doing insanely, stupidly dangerous things, like riding without a helmet, riding backwards, (I'm not sure how that's even possible...), I saw a guy pass me on the interstate once, (I was going about 65...) pop a wheelie and accelerate to about 110, (just guessing, I'll admit) and I really can't say how he didn't just flip over, which I would probably have laughed at... I've seen a guy with (I'm assuming) cruise control, pass me on a freeway (different day) laying back against the back-rest, with his arms folded across his chest, not touching the handlebars.

    I've ridden with my arms crossed on a bicycle, at low speed, on an open road. I can't imagine doing something like that on a 500 - 700 pound motorcycle... (I think it was a Harley... whatever it was, it was huge...).

    I've seen a guy riding with another guy standing on the nuts holding the front wheel on, doing about 35 or 40, (at least they weren't doing this idiocy on the freeway!) which I figured there was a guy with a camera somewhere filming this, and these idiots were hoping to get put in the next Jackass movie, or maybe end up in Faces of Death... no helmets, of course... why would anyone need one of them, surrounded by cars on either side going 80 mph...

    Anyway, I'm sorry to hear about their injuries, but I do wonder if the motorcyclist couldn't have done something to avoid it, by watching out for the distracted driver... (you can usually see them coming up behind you, they're the cars that are

  46. Re:At first... by superdave80 · · Score: 4, Insightful

    If she knew her boyfriend was driving, there's a case there that she was a party to an act of gross negligence.

    And that line of thinking is why our legal system is so fucked up. She didn't text while driving, and she didn't hit the couple. Why the hell is she responsible for making sure someone else isn't doing something stupid and irresponsible?

  47. Re:At first... by jhoegl · · Score: 0

    Actually, they are also suing the driver.
    I saw this story on some news channel somewhere, and thought she may be culpable but it opens the door to many problems.
    She knew he was driving... immoral.
    She knew she was getting his attention... unethical
    She could have called him...ignorant
    She didnt have control over his actions... end of story

    But the 19 year old... yeah, he should be taken to the cleaners.

  48. Re:At first... by mirix · · Score: 1

    This seems pretty weird to me - had the guy been drunk, he'd certainly got a much stiffer punishment.

    However - the guy is sober, and still decides to do something as idiotic as texting while manoeuvring over a ton of steel, and gets fuck all... Kind of pathetic.

    This is why they have harsh punishment for drunk driving, it can lead to results like this. So he gets the result without being drunk, and gets less punishment than driving drunk and not hitting anything. Good job justice.

    There's a serious disconnect between punishment for drunk driving, vs. texting, reckless, etc, when they are all dangerous.

    --
    Sent from my PDP-11
  49. Re:it is an interesting bit of moral responsibilit by Anonymous Coward · · Score: 0

    Personal responsibility

    In other words, arbitrary standards.

  50. Re:it is an interesting bit of moral responsibilit by adolf · · Score: 1

    it's not about being a hyperactive boy scout, it's not about the law, it's about living with myself. because if i am on the phone with someone while they are driving and i am AWARE of it, then i am responsible

    Only if you are Catholic.

  51. Re:it is an interesting bit of moral responsibilit by adolf · · Score: 1

    Oh. And I almost forgot:

    And if you ARE Catholic, then you simply go to confession sometime afterward, and it's all cool.

    Morally, at least. As so-defined.

    YMMV (my own mileage certainly does vary).

  52. Re:At first... by Fjandr · · Score: 1

    You don't know innocence or guilt until a person is tried

    Well, actually you can, as much as anyone can "know" anything, anyway. The legal system allows for a very specific process which has specific outcomes based on its rules. You cannot be declared guilty legally without going through that process, even if it otherwise irrefutably known by one or more people that you did, in fact, commit whatever act of which you have been accused.

    Granted, I doubt in this particular case the couple actually did know his girlfriend was completely without knowledge of the circumstances, though any lawyer worth their salt should have advised them their lawsuit was completely baseless. Absent some serious edge-case circumstances, there is absolutely no way you can legitimately argue a case of gross negligence from a set of asynchronous communications. It would require very specific conditional knowledge and the burden of proof would be very high indeed. From the article, it appears more as if the lawsuit was to send a message. Whether that's an abuse of process or not I'll leave for another time.

  53. Re:At first... by Grygus · · Score: 2

    It is because MADD is a very powerful lobby. What these people should have done was spend that money on badgering the courts to stiffen penalties instead of trying to hit the Court Lottery.

  54. Douchebaggery by AliasMarlowe · · Score: 4, Insightful

    There are two douchebags in this case, but they are not the victims of the crime or the merely peripherally involved girlfriend.

    The first douchebag is the guy who ploughed into the victims' motorcycle as he texted while driving. The second douchebag is the NJ court which "punished" him with a $775 fine and a few hours community work, but did not even suspend his driver's licence. It has been repeatedly established that texting while driving is more dangerous than driving while impaired by alcohol. He should have received rather more than this slap on the wrist, and the victims of his crime apparently plan to appeal his light sentence.

    In Finland and various other countries, and in several states of the US, the law is you stop your car to talk or text on any communication device. You may get fined if observed talking or texting on the phone even if your driving is otherwise perfect.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  55. I don't understand how this is possible by Majin+Bubu · · Score: 1

    I don't understand how it is possible that the driver had to pay less thank 1k. In Italy we have penal sanctions that are too low, for this kind of crime, but the civil penalties can run in the hundreds of thousands, in fact you MUST have insurance to drive to cover them just in case. Don't you have compulsory insurance in the USA?

    --
    Ander

    @=

  56. Re:At first... by itsdapead · · Score: 4, Insightful

    ? If she knew he was texting while driving, I'd say there is a small amount of culpability on her part.

    Nonsense. One reason for sending a text rather than calling is precisely so the recipient doesnt have to drop what they are doing. Maybe, just maybe, if it had been a voice call and the caller knew the other person was driving then they should take some responsibility, but really, unless the other person is in the car and literally screaming in the driver's ear, the buck stops with the driver, and texting while driving is really in its own class of mindbogglingly stupid things to do.

    --
    In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  57. Re:At first... by maxwell+demon · · Score: 0

    Maybe it hasn't come up in court before because only douchebags would try it?

    --
    The Tao of math: The numbers you can count are not the real numbers.
  58. Re:At first... by thatbloke83 · · Score: 1

    Sorry, what? I don't care if you lost your leg, acting like an ass and suing everyone within range after the fact makes you a fucking douchebag.

    Why is this girl even remotely involved in this case at all? When driving, it is the SOLE responsibility of the DRIVER to ensure that they are paying attention to the road and following all relevant laws.

    Because she sends a text to him, somehow there's a small possibility that SHE is the cause of the accident? WHAT? It is the DRIVER's responsibility to ensure that he/she is paying attention to the road. He should have ignored the text until it was safe for him to read it - it won't be going anywhere! Phones have this amazing invention called "storage" where it stores the message for you INDEFINITELY until you tell it otherwise...

    That there are people in here somehow agreeing with the idea that this woman should be sued by these people simply beggars belief. They should be going after the person who hit them, and if he hasn't received what may be a "fair" punishment then they should be going after the people handing out the punishments.

  59. Re:At first... by Anonymous Coward · · Score: 0

    Whether or not the bartender can see the patron is irrelevant if the recipient is in full control.

  60. Re:At first... by Meeni · · Score: 1

    Her behavior cost these 2 persons their legs. It might not be legal matter, for good reasons, but the moral responsibility is quite clear to me, and I won't cry for the loss of 200 bucks for this girl that was part of the loss of two legs. Please review your priorities when distributing empathy.

  61. Wrong Headline by __aaltlg1547 · · Score: 1

    It should have been "Unexplained Outbreak of Sanity Rocks Court"

  62. Re:it is an interesting bit of moral responsibilit by Anonymous Coward · · Score: 0

    I'm not a catholic but catholic confession includes repentance. You must be sorry for your sin etc etc: http://catholicism.about.com/od/beliefsteachings/p/Why_Confession.htm

    So it's not "simply go to confession" (but sociopaths do that sort of thing to win favour/votes).

    If you don't see the difference, the next time you screw up you can try saying you are sorry to your Significant Other and ensure your SO knows you completely are not sorry at all. And another time try saying it and really mean it and do something about it.

    By the way, are you one of those who has Atheism as his religion? Makes you feel good and better than the others? Gives you a sense of belonging to something better? Get rid of religions and people will make new ones, or convert stuff into a religion (look at the PETA, greenpeace bunch).

  63. Re:At first... by del_diablo · · Score: 1

    Indeed. Mod up.

  64. Re:At first... by Anonymous Coward · · Score: 0

    That's not it. They are assholes for suing the girlfriend. Their lost leg is only relevant in that it makes it a lot easier to forgive and understand that they are acting like assholes in this particular instance. It doesn't make it right, though.

  65. Re:At first... by Gr8Apes · · Score: 1

    You are an idiot.

    Her behavior was 10s of miles away. She sent a text message. The couple are douchebags for suing her. Next they'll be suing the tire service center for balancing the tires, the oil change service center for changing the oil so the car could drive, and what about that evil gas station that provided the gas to car? After all, they all have "moral responsibility" for the driving douchebag that caused the accident. Might as well go all the way and nail the bank that financed the car (Hey, they have lots of cash - bailout money no less, the people's money being returned to the people!) or the car manufacturer. Heck, what about those miners that mined the iron ore?

    As for distributing empathy, the victim couple still get some for the horrible losses they suffered in an accident, and I agree the driver should certainly be charged with a whole lot more than a minor driving offense. But it ends there, as far as the accident went. The girl get empathy for getting dragged into court by this apparently vicious couple who want to punish everyone they can for something that is 1 specific person's fault: the driver.

    --
    The cesspool just got a check and balance.
  66. Re:At first... by Gr8Apes · · Score: 1

    Personally I think the girl ought to sue them for false statements, libel and slander, since they'd have had to made all three to file the suit in court. And yes, their actions deserve just such a response, and she'd walk out in a heartbeat with a win, and will send a "message" in doing so that baselessly suing others to send a message is a bad idea and will result in bad things happening to you.

    --
    The cesspool just got a check and balance.
  67. Re:it is an interesting bit of moral responsibilit by rohan972 · · Score: 1

    I used to regularly get calls from work when they knew I was driving. Took them a fair while to stop despite me not answering. I presume some others are a little less willing to reject a call from the boss.

    Given the right circumstances, eg: traveling at 10km/h in peak hour, stopped at lights or on a motorway with no other traffic in sight I have taken calls but people get all bent out of shape when you hang up on them when the conditions change. Most people ramble on the phone too much for it to not be a serious distraction.

  68. Re:At first... by Locke2005 · · Score: 1

    I feel sorry for the bicyclists, but hitting a bicycle must be one of the few accidents that is seen as a criminal matter. It should be purely a civil matter. The driver's negligence caused the accident, the driver should be sued, and the driver should be paying this couple half his income for the rest of his life. While the "deep pockets" legal theory holds that someone even 1% responsible can be sued for 100% of the damages, clearly the judge felt that someone sending a text isn't even 1% responsible, because the driver did not need to respond to the text in any way while he was still driving. I can't speak for the details in this case, but in virtually every accident, there are things that all parties could have done to avoid the accident (e.g. staying at home that day). So in most accidents, all parties are partially to blame. In this case, labeling the bicyclists as victims and the automobile driver as the perpetrator is unfair -- just because the vehicle you're driving does a lot less damage does not absolve you of any responsibility for the accident.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  69. Re:At first... by Locke2005 · · Score: 2

    You are free to extract punishment in civil court, yes. Anything else would be a crime under our legal system.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  70. Re:At first... by sco08y · · Score: 1

    That there are people in here somehow agreeing with the idea that this woman should be sued by these people simply beggars belief.

    And while the judge dismissed the case, he never reprimanded the attorney for filing it, so he 100% agrees with me, and I'll take his expert opinion over your utter ignorance.

  71. and 50 hours community service by Anonymous Coward · · Score: 0

    and 50 hours community service

    I hope that is cleaning all the bathrooms in Grand Central Station with his tongue.

  72. Re:At first... by psiclops · · Score: 1

    You don't know innocence or guilt until a person is tried.

    sometimes you do. like in this instance.
    had she lost the case i would still know she was innocent.

    --
    i spent five minutes thinking and all i got was this crappy sig
  73. Re:At first... by Coren22 · · Score: 1

    s/bicycl/motorcycl/g

    The couple was on a motorcycle, not quite the same thing.

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  74. Re:At first... by Coren22 · · Score: 1

    I have only ever heard of that happening once, with Jack Thompson, and that was after repeated lawsuits where he was warned he was out of line, but still kept it up.

    http://en.wikipedia.org/wiki/Jack_Thompson_(activist)

    It is extremely rare for anything to happen to a lawyer over a case that is filed, even if it is frivolous.

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  75. thank you for clear summary by fantomas · · Score: 1

    thanks - clear summary without a political rant!

    cheers :-)

  76. Re:At first... by sco08y · · Score: 1

    I have only ever heard of that happening once, with Jack Thompson, and that was after repeated lawsuits where he was warned he was out of line, but still kept it up.

    http://en.wikipedia.org/wiki/Jack_Thompson_(activist)

    It is extremely rare for anything to happen to a lawyer over a case that is filed, even if it is frivolous.

    It's rare for anything procedural to happen unless the attorney, as in your case, is repeatedly abusing the courts. The reason is it's a waste of time to make a legal case over wasting time. But judges frequently scold attorneys who are idiots, and this one didn't.