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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."
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...
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.
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!
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.
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.
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...