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Smartphone Distracted Driving [W:265]

Should smartphone distracted driving result in the same penalties as drunk driving?


  • Total voters
    63
Re: Smartphone Distracted Driving

Last Monday I went for a ride on my road bike over lunch. I work downtown and chose a route that I have biked many times before. Just a few minutes into my ride, I was stopped at a stoplight on a broad boulevard that doesn't get much traffic during the day. While I was stopped at that red light a woman was driving while looking at her smartphone and plowed into me from behind at about 40 mph never even seeing me or the red light. I was rendered unconscious at the point of impact, however this has been verified by the driver as well as witnesses. As a result of being hit, I was thrown against the wind shield, then thrown forward a number of yards before being ran over by the same vehicle. I sustained a significant head injury with bleeding on the brain and a severe concussion, a broken scapula, broken ribs, a broken lumbar vertebrae, some damage to my right eye, a tear from my right eye to the top of my forehead that extended clean to the skull and required over 100 stitches (thus disfigurement), muscle damage throughout my body, multiple lacerations and road rash, and some nerve damage on my upper face, head, and lower back. I spent 2 days in ICU and nearly 4 days in the hospital. It may be weeks before I can return to work, and of course my beloved carbon fiber road bike has been destroyed.

So this got me thinking about distracted driving and I looked up the statistics on it. Distracted driving now results in more injuries every year than even drunk driving. I am sure that the person that hit me is not a bad person. However, this would have never happened had that individual not been looking at their smartphone rather than watching the road. So I was thinking as dangerous as smartphone distracted driving is, why are the penalties for it not as bad as drunk driving? There are a lot of people now getting killed or seriously injured by drivers that are looking at their smartphones rather than looking at the road. It seems to me that we really need to crack down on it for public safety.

Is Texting While Driving More Dangerous Than Drunk Driving?

I have told my wife for years I can't believe that people still bike on the streets. Not a day goes by I don't see someone on their phones drifting all over the lanes. So sorry this happened to you. Phones are so much of a distraction that something has to be done or it will only get worse. Hope you heal quickly and completely. If you go back to the street riding though your crazy.
 
Re: Smartphone Distracted Driving

I presume that you didn't see my post that Massachusetts got it right. It seems Ontario went nuts on this issue. Pile up enough draconian laws with teeth, and you'll eventually get bitten.

I did see your post and chart - I didn't want to comment on another jurisdiction's laws when I wasn't familiar with them. However, I'd challenge your claim that Massachusetts got it right when from your own evidence, the incidence of bad behavior is increasing there, year over year, and the State is collecting more and more revenue in fines. Now, if your purpose is simply a money grab from citizens, then yes, your laws are a success. However, if the intent of the law, which all laws should be at heart, is to curb or eliminate unwanted behavior, then Massachusetts has failed miserably.
 
Re: Smartphone Distracted Driving

Funny, and ironic, that you'd use the term "overkill" to trash a very sensible law that is designed to avoid killing innocent people because some people today are too ****ing selfish and stupid to concentrate on driving when they are operating a potential killing machine. Unfortunately, "overkill" is what's needed to get the attention of the forever brain dead and self centered of our society.

Like I said if you stated the bolded part right it's completely asinine and there's nothing very sensible about it. What you described was, if I got a flat, got lost or was having some type of trouble so then I pulled over, decided to leave my car running (maybe its winter, i think you have those in canada haha) and I use my phone to call for help I'm guilty. That is insane and overkill, there nothign sensible about it. Now if you state that inaccurately you are free to correct it.
 
Re: Smartphone Distracted Driving

IMO deliberately driving under the influence of ANYTHING that causes you to be a hazard to others should be a criminal offense. And that would include being under the influence of various controlled substances in addition to alcohol, or any distractions that you voluntarily take on such as reading, texting, etc. while driving. If your negligence causes injury or death or property damage to another, you definitely should be held liable for that and be prosecuted for violating laws intended to prohibit that kind of activity.

Your approach is already covered under current law: Reckless driving, Reckless endangerment, Involuntary manslaughter and more. More often than not, knee jerk laws take common sense out of the justice system. Whenever you hear "zero tolerance", think tyranny.
 
Re: Smartphone Distracted Driving

My passenger side mirror is cracked all to hell from some azzwipe texting while pulling into a WaWa parking spot. I watched him all the way, and he had the balls to deny it.

I watched a air head lady walk right off the pier at my marina while texting. I had to pull her up out of the water while trying not to pizz myself.
 
Re: Smartphone Distracted Driving

Last Monday I went for a ride on my road bike over lunch. I work downtown and chose a route that I have biked many times before. Just a few minutes into my ride, I was stopped at a stoplight on a broad boulevard that doesn't get much traffic during the day. While I was stopped at that red light a woman was driving while looking at her smartphone and plowed into me from behind at about 40 mph never even seeing me or the red light. I was rendered unconscious at the point of impact, however this has been verified by the driver as well as witnesses. As a result of being hit, I was thrown against the wind shield, then thrown forward a number of yards before being ran over by the same vehicle. I sustained a significant head injury with bleeding on the brain and a severe concussion, a broken scapula, broken ribs, a broken lumbar vertebrae, some damage to my right eye, a tear from my right eye to the top of my forehead that extended clean to the skull and required over 100 stitches (thus disfigurement), muscle damage throughout my body, multiple lacerations and road rash, and some nerve damage on my upper face, head, and lower back. I spent 2 days in ICU and nearly 4 days in the hospital. It may be weeks before I can return to work, and of course my beloved carbon fiber road bike has been destroyed.

So this got me thinking about distracted driving and I looked up the statistics on it. Distracted driving now results in more injuries every year than even drunk driving. I am sure that the person that hit me is not a bad person. However, this would have never happened had that individual not been looking at their smartphone rather than watching the road. So I was thinking as dangerous as smartphone distracted driving is, why are the penalties for it not as bad as drunk driving? There are a lot of people now getting killed or seriously injured by drivers that are looking at their smartphones rather than looking at the road. It seems to me that we really need to crack down on it for public safety.

Is Texting While Driving More Dangerous Than Drunk Driving?

You experienced a life changing event because of a person that had a disregard for anyone's safety. They probably thought that they were that person that could get away with it. Nothing would happen because it was them and they are special. Man, I can't even imagine. You work out, take care of yourself, take pride in your physical condition and are out of work for who knows how long. It could have killed you. You worked hard to pay for that bike. You might never want to ride again and that would be a shame tho totally understandable. This happens to people every day. So much gone in a flash because someone had their head up their ass. Sorry to hear it.

What was the reaction of the person that hit you? Were they ticketed? Did they have insurance?
 
Re: Smartphone Distracted Driving

Sorry this happened to you. I hope you'll come out of this without too much permanent damage.


Personally?


I thinking if you get busted using the phone while driving, the cop should be able to take your phone. You get it back after watching a horrendously boring, 2 hour video, and then passing a test after on it.

This is on the right track, but to work the cop needs instant access to the phone to prove that it was used while driving, and needs to be able to search the car for phones, both of which are problematic. However, so far as magnitude of the penalty goes I think this is right on.
 
Re: Smartphone Distracted Driving

Like I said if you stated the bolded part right it's completely asinine and there's nothing very sensible about it. What you described was, if I got a flat, got lost or was having some type of trouble so then I pulled over, decided to leave my car running (maybe its winter, i think you have those in canada haha) and I use my phone to call for help I'm guilty. That is insane and overkill, there nothign sensible about it. Now if you state that inaccurately you are free to correct it.

See post 22 for a response to your idiotic scenario. And just in case your ignorant as to how laws are enforced, a police officer has to witness the offense in order to issue a ticket/fine. But hey, if you want to play dumb, more power too you. Just a guess? Do you spend a lot of time on your phone while driving and think you're really good at it?
 
Re: Smartphone Distracted Driving

My passenger side mirror is cracked all to hell from some azzwipe texting while pulling into a WaWa parking spot. I watched him all the way, and he had the balls to deny it.

I watched a air head lady walk right off the pier at my marina while texting. I had to pull her up out of the water while trying not to pizz myself.

The interwebs have lots of video of similar fools - walking into fountains in shopping malls, walking into holes under construction on sidewalks, walking into walls, etc.

Now, with Pokémon Go, we've got even more fools driving around and walking around trying to capture stuff on their phones. If they killed only themselves, it wouldn't be so bad - but they take out lots of innocent people too, like our friend in the OP.
 
Re: Smartphone Distracted Driving

Last Monday I went for a ride on my road bike over lunch. I work downtown and chose a route that I have biked many times before. Just a few minutes into my ride, I was stopped at a stoplight on a broad boulevard that doesn't get much traffic during the day. While I was stopped at that red light a woman was driving while looking at her smartphone and plowed into me from behind at about 40 mph never even seeing me or the red light. I was rendered unconscious at the point of impact, however this has been verified by the driver as well as witnesses. As a result of being hit, I was thrown against the wind shield, then thrown forward a number of yards before being ran over by the same vehicle. I sustained a significant head injury with bleeding on the brain and a severe concussion, a broken scapula, broken ribs, a broken lumbar vertebrae, some damage to my right eye, a tear from my right eye to the top of my forehead that extended clean to the skull and required over 100 stitches (thus disfigurement), muscle damage throughout my body, multiple lacerations and road rash, and some nerve damage on my upper face, head, and lower back. I spent 2 days in ICU and nearly 4 days in the hospital. It may be weeks before I can return to work, and of course my beloved carbon fiber road bike has been destroyed.

So this got me thinking about distracted driving and I looked up the statistics on it. Distracted driving now results in more injuries every year than even drunk driving. I am sure that the person that hit me is not a bad person. However, this would have never happened had that individual not been looking at their smartphone rather than watching the road. So I was thinking as dangerous as smartphone distracted driving is, why are the penalties for it not as bad as drunk driving? There are a lot of people now getting killed or seriously injured by drivers that are looking at their smartphones rather than looking at the road. It seems to me that we really need to crack down on it for public safety.

Is Texting While Driving More Dangerous Than Drunk Driving?

I am really sorry about your accident and wish you all the best on a recovery. I broke my collarbone at the end of June and I cannot imagine the additional injuries that you suffered. Please be well.

regarding your question: I think any police officer who sees a person operating a motor vehicle while texting on their phone should stop them and write the a citation for distracted driving. And the penalties should be the same as drunk driving as you indicated.

Just looking at ones smart phone might be hard to prove that it caused an impairment....

But over all - lets crack down on this and do it ASAP and do it balls to the walls seriously. You could have been killed for heavens sake.

Get well.
 
Re: Smartphone Distracted Driving

This is on the right track, but to work the cop needs instant access to the phone to prove that it was used while driving, and needs to be able to search the car for phones, both of which are problematic. However, so far as magnitude of the penalty goes I think this is right on.

At least here, and I assume elsewhere, if the matter goes to court the police can subpoena the phone company records to determine if the phone was actively on and/or in use at the time of the infraction.
 
Re: Smartphone Distracted Driving

At least here, and I assume elsewhere, if the matter goes to court the police can subpoena the phone company records to determine if the phone was actively on and/or in use at the time of the infraction.

A major part of why the phone confiscation idea is such a good one is that the phone is taken with no notice, it causes a major life disruption. Unless the phone company is going to come back with an answer in 5 minutes or less that idea will not work.
 
Re: Smartphone Distracted Driving

Last Monday I went for a ride on my road bike over lunch. I work downtown and chose a route that I have biked many times before. Just a few minutes into my ride, I was stopped at a stoplight on a broad boulevard that doesn't get much traffic during the day. While I was stopped at that red light a woman was driving while looking at her smartphone and plowed into me from behind at about 40 mph never even seeing me or the red light. I was rendered unconscious at the point of impact, however this has been verified by the driver as well as witnesses. As a result of being hit, I was thrown against the wind shield, then thrown forward a number of yards before being ran over by the same vehicle. I sustained a significant head injury with bleeding on the brain and a severe concussion, a broken scapula, broken ribs, a broken lumbar vertebrae, some damage to my right eye, a tear from my right eye to the top of my forehead that extended clean to the skull and required over 100 stitches (thus disfigurement), muscle damage throughout my body, multiple lacerations and road rash, and some nerve damage on my upper face, head, and lower back. I spent 2 days in ICU and nearly 4 days in the hospital. It may be weeks before I can return to work, and of course my beloved carbon fiber road bike has been destroyed.

So this got me thinking about distracted driving and I looked up the statistics on it. Distracted driving now results in more injuries every year than even drunk driving. I am sure that the person that hit me is not a bad person. However, this would have never happened had that individual not been looking at their smartphone rather than watching the road. So I was thinking as dangerous as smartphone distracted driving is, why are the penalties for it not as bad as drunk driving? There are a lot of people now getting killed or seriously injured by drivers that are looking at their smartphones rather than looking at the road. It seems to me that we really need to crack down on it for public safety.

Is Texting While Driving More Dangerous Than Drunk Driving?

I used to ride - glad that you are still with us.

I quit riding years ago after losing two riding buds.

Technically in OH it is illegal to do anything that distracts you while driving.

This includes beverages, food, phones, etc. so there are laws already on the books which should be enforced.

Distraction is not drunk driving.
 
Re: Smartphone Distracted Driving

See post 22 for a response to your idiotic scenario. And just in case your ignorant as to how laws are enforced, a police officer has to witness the offense in order to issue a ticket/fine. But hey, if you want to play dumb, more power too you. Just a guess? Do you spend a lot of time on your phone while driving and think you're really good at it?

No need, if you think my scenario is idiotic then blame yourself since my scenario is based off the words you said. But it's obvious you made the idiotic mistake and poorly described how the law works and didn't like it being based on real life everyday scenarios. Next time you can avoid your idiocy by accurately describing the law. You're welcome. :)
 
Re: Smartphone Distracted Driving

Last Monday I went for a ride on my road bike over lunch. I work downtown and chose a route that I have biked many times before. Just a few minutes into my ride, I was stopped at a stoplight on a broad boulevard that doesn't get much traffic during the day. While I was stopped at that red light a woman was driving while looking at her smartphone and plowed into me from behind at about 40 mph never even seeing me or the red light. I was rendered unconscious at the point of impact, however this has been verified by the driver as well as witnesses. As a result of being hit, I was thrown against the wind shield, then thrown forward a number of yards before being ran over by the same vehicle. I sustained a significant head injury with bleeding on the brain and a severe concussion, a broken scapula, broken ribs, a broken lumbar vertebrae, some damage to my right eye, a tear from my right eye to the top of my forehead that extended clean to the skull and required over 100 stitches (thus disfigurement), muscle damage throughout my body, multiple lacerations and road rash, and some nerve damage on my upper face, head, and lower back. I spent 2 days in ICU and nearly 4 days in the hospital. It may be weeks before I can return to work, and of course my beloved carbon fiber road bike has been destroyed.

So this got me thinking about distracted driving and I looked up the statistics on it. Distracted driving now results in more injuries every year than even drunk driving. I am sure that the person that hit me is not a bad person. However, this would have never happened had that individual not been looking at their smartphone rather than watching the road. So I was thinking as dangerous as smartphone distracted driving is, why are the penalties for it not as bad as drunk driving? There are a lot of people now getting killed or seriously injured by drivers that are looking at their smartphones rather than looking at the road. It seems to me that we really need to crack down on it for public safety.

Is Texting While Driving More Dangerous Than Drunk Driving?

No, reckless driving would be more appropriate; that's really what it is.
 
Re: Smartphone Distracted Driving

No, reckless driving would be more appropriate; that's really what it is.

Reckless driving at least in Missouri where this happened is a much less severe charge than driving while intoxicated.
 
Re: Smartphone Distracted Driving

I have told my wife for years I can't believe that people still bike on the streets. Not a day goes by I don't see someone on their phones drifting all over the lanes. So sorry this happened to you. Phones are so much of a distraction that something has to be done or it will only get worse. Hope you heal quickly and completely. If you go back to the street riding though your crazy.

I told my wife (who is a worrier) after this happened that I would not go back to cycling again. I have been a runner longer than I have been a cyclist and I am just going to run from now on once I am healed. I got wife and 3 kids it just isn't worth the risk cycling anymore.
 
Re: Smartphone Distracted Driving

Your approach is already covered under current law: Reckless driving, Reckless endangerment, Involuntary manslaughter and more. More often than not, knee jerk laws take common sense out of the justice system. Whenever you hear "zero tolerance", think tyranny.

There should be no leniency in the laws and there should be zero tolerance for deliberate public endangerment. A police officer always has the discretion to offer a warning instead of a citation, and the judge always has the discretion to take extenuating circumstances into his judgment, but the basic law should be applied equally to all with no equivocation. Neither should have power to change the law to something they like better.
 
Re: Smartphone Distracted Driving

You experienced a life changing event because of a person that had a disregard for anyone's safety. They probably thought that they were that person that could get away with it. Nothing would happen because it was them and they are special. Man, I can't even imagine. You work out, take care of yourself, take pride in your physical condition and are out of work for who knows how long. It could have killed you. You worked hard to pay for that bike. You might never want to ride again and that would be a shame tho totally understandable. This happens to people every day. So much gone in a flash because someone had their head up their ass. Sorry to hear it.

What was the reaction of the person that hit you? Were they ticketed? Did they have insurance?

She admitted to the police that she was looking at her phone at the time and had no idea what happened. She was insured with the liability minimums which unfortunately won't even fully cover my hospital bills. However, I have medical insurance as well as uninsured and under-insured motorist coverage so I will be OK. I don't think she is a bad person or anything like that, it was an accident and when you get down to it she was only doing what half the people on the road are doing these days, glancing at her phone rather than looking at the road.

I have been a runner longer than I have been a runner and a cyclist so once I am healed I will probably go back to just being a runner again. As much as I like to ride too, its not worth the risk these days with me having a wife and 3 kids at home. The doctors told me that being so strong and fit quite possibly saved my life and certainly saved me from some surgeries because my musculature held broken bones in place.
 
Re: Smartphone Distracted Driving

Reckless driving at least in Missouri where this happened is a much less severe charge than driving while intoxicated.

Not if it's intentional reckless driving...
 
Re: Smartphone Distracted Driving

The vast majority of DUI's dont cause any injury, so when you say "just like DUI" you are saying that you want someone who gets caught by the cops on their phone to be rung up for $10,000 in costs as a penalty. If you changed your position to "with an accompanying significant injury" I would be more receptive.

Why not, if you don't have a hands free device in your car, you have no business staring at your phone rather than driving. The whole point of severe penalties for driving while under the influence is to dissuade people from doing so. This is why rates of drunk driving have reduced substantially over the last few decades. I guarantee you that if you were looking at it costing potentially thousands of dollars in fines / increased insurance rates if you sent a text or were checking out facebook while driving down the road, few people would do it.
 
Re: Smartphone Distracted Driving

Why not, if you don't have a hands free device in your car, you have no business staring at your phone rather than driving. The whole point of severe penalties for driving while under the influence is to dissuade people from doing so. This is why rates of drunk driving have reduced substantially over the last few decades. I guarantee you that if you were looking at it costing potentially thousands of dollars in fines / increased insurance rates if you sent a text or were checking out facebook while driving down the road, few people would do it.

I have seen reports of studies that show that hands free phone is almost as distracting as hand held. Your theories need to stand up to science you know. But ya, this practice of massive retaliation for violating the rules long ago got out of hand in my opinion, you will never see me arguing for more of that abuse.
 
Re: Smartphone Distracted Driving

My wife was out riding her Calfee triathlon-bike just 8 years ago, training up for a 'century ride' a few weeks later.

She got up early on a Saturday morning, pedaled on out toward Tennessee, and rode approximately 80 miles.

Just south of the Tennessee/Alabama border on the way back home, she was struck from behind by a dirty white Pontiac Grand Am (that's about all she remembers), and tumbled headlong into a guardrail.

The car slowed down briefly, and then Beth remembers hearing a female passenger screaming to the driver, "Go, go, go, GO!!".
And so they patched out and left my wife for dead.

She has had no end of trials and tribulations with the resulting injuries, doctors, pain medications, and everything that you can imagine that goes along with all that.
It has been a living nightmare, and only her strength and resolve to make herself better and clean and sober has allowed us both a form of sanity.

I wish only the very worst outcomes for distracted drivers, texting drivers, drunk drivers, and every useless, irresponsible driver in between.
Prison is too kind for them, and death for them would only be appropriate if I were there to witness it.

Take that for whatever it is worth.
:(
 
Re: Smartphone Distracted Driving

Why not, if you don't have a hands free device in your car, you have no business staring at your phone rather than driving. The whole point of severe penalties for driving while under the influence is to dissuade people from doing so. This is why rates of drunk driving have reduced substantially over the last few decades. I guarantee you that if you were looking at it costing potentially thousands of dollars in fines / increased insurance rates if you sent a text or were checking out facebook while driving down the road, few people would do it.

Unfortunately, studies have shown that hands free devices do little to alleviate distracted driving.

Understanding the Distracted Brain
 
Re: Smartphone Distracted Driving

She admitted to the police that she was looking at her phone at the time and had no idea what happened. She was insured with the liability minimums which unfortunately won't even fully cover my hospital bills. However, I have medical insurance as well as uninsured and under-insured motorist coverage so I will be OK. I don't think she is a bad person or anything like that, it was an accident and when you get down to it she was only doing what half the people on the road are doing these days, glancing at her phone rather than looking at the road.

I have been a runner longer than I have been a runner and a cyclist so once I am healed I will probably go back to just being a runner again. As much as I like to ride too, its not worth the risk these days with me having a wife and 3 kids at home. The doctors told me that being so strong and fit quite possibly saved my life and certainly saved me from some surgeries because my musculature held broken bones in place.

A person doesn't have to be a bad person to be stupid. Good intentions are like assholes, everyone has them. I gave up biking because of the risk. I lived in the rough part of Denver and that wasn't a safe place to ride. It is a pretty rough lesson for her at your expense.
 
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