Interesting texting case...

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Hokie5150
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Re: I do not text...

Post by Hokie5150 »

Major Kong wrote:and I don't accept text by that I mean I don't open 'em.

Yeah it's so 20th Century but it's something that I've held steadfastly to. :D

As to the thread subject would it apply to Spam text and their originators? If it does I'm all for it. P
I'm with you. I don't text either.
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Re: Interesting texting case...

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Hokie5150 wrote:
USN_Hokie wrote:
CWHOKIECPA wrote:
Hokie5150 wrote:
CWHOKIECPA wrote:I read that this morning. I just don't understand the texting while driving thing. I disagree with being able to go after the person that sent the text to the driver that got into the accident.
I can see IF it can be proven the person sending the text knew the recipient was driving.
I can't. It's the responsibility of the person receiving the texts to make a decision on whether or not to pick up the phone. Could we sue the radio DJ for playing a song that a person likes? The person goes to turn up the radio and gets in an accident. Could you sue then?
Good example. Maybe we could sue the car manufacturers for putting buttons on the dash that they know people are going to try and use...
If you are in a car with someone and cause a distraction that causes to driver to wreck, are you at all to blame?
"cause a distraction" seems very broad in your hypothetical.

I hate to do the slippery slope thingy, but this could be a slippery slope if we set the precedent that the texter who texts a person they know is driving liable. My wife and I will often text each other when we know the other is driving (e.g. I want such and such on my Chipotle burrito, going to the driving range, etc) with the idea that the other won't read it until they've stopped somewhere.
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Re: Interesting texting case...

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Hokie5150 wrote:
USN_Hokie wrote:
CWHOKIECPA wrote:
Hokie5150 wrote:
CWHOKIECPA wrote:I read that this morning. I just don't understand the texting while driving thing. I disagree with being able to go after the person that sent the text to the driver that got into the accident.
I can see IF it can be proven the person sending the text knew the recipient was driving.
I can't. It's the responsibility of the person receiving the texts to make a decision on whether or not to pick up the phone. Could we sue the radio DJ for playing a song that a person likes? The person goes to turn up the radio and gets in an accident. Could you sue then?
Good example. Maybe we could sue the car manufacturers for putting buttons on the dash that they know people are going to try and use...
If you are in a car with someone and cause a distraction that causes to driver to wreck, are you at all to blame?
Let's make your example correct:
If you are in a car with someone and write a note on a piece of paper and the driver leans over to read it and crashes are you at all to blame?
I say no....because the driver should have personal responsibility. If only there was a party of personal responsibility...
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Re: Interesting texting case...

Post by Hokie CPA »

Hokie5150 wrote:If you are in a car with someone and cause a distraction that causes to driver to wreck, are you at all to blame?
It depends on what you did to cause the wreck. If you were back-seat driving and yelling at the driver to slow down, change lanes, watch for the guy on the bike, you're gonna miss your turn.... then, while that's annoying, it's not cause for getting into an accident. However... if you reached over, grabbed the steering wheel, and pulled the car off the road and into a sidewalk full of pedestrians before slamming into a bagel shop, then yeah... you caused that and need to be held accountable for it.
I don't care if you're a Democrat or a Republican... if you refuse to consider alternatives to the two parties, you support the Status Quo and you are a major part of the problem.

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Re: Interesting texting case...

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Hokie5150 wrote:
USN_Hokie wrote:
CWHOKIECPA wrote:
Hokie5150 wrote:
CWHOKIECPA wrote:I read that this morning. I just don't understand the texting while driving thing. I disagree with being able to go after the person that sent the text to the driver that got into the accident.
I can see IF it can be proven the person sending the text knew the recipient was driving.
I can't. It's the responsibility of the person receiving the texts to make a decision on whether or not to pick up the phone. Could we sue the radio DJ for playing a song that a person likes? The person goes to turn up the radio and gets in an accident. Could you sue then?
Good example. Maybe we could sue the car manufacturers for putting buttons on the dash that they know people are going to try and use...
If you are in a car with someone and cause a distraction that causes to driver to wreck, are you at all to blame?
queue up CW with backseat female drivers...
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Re: Interesting texting case...

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Hokie CPA wrote:
Hokie5150 wrote:If you are in a car with someone and cause a distraction that causes to driver to wreck, are you at all to blame?
It depends on what you did to cause the wreck. If you were back-seat driving and yelling at the driver to slow down, change lanes, watch for the guy on the bike, you're gonna miss your turn.... then, while that's annoying, it's not cause for getting into an accident. However... if you reached over, grabbed the steering wheel, and pulled the car off the road and into a sidewalk full of pedestrians before slamming into a bagel shop, then yeah... you caused that and need to be held accountable for it.
I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
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Re: Interesting texting case...

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awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.
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Re: Interesting texting case...

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Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.

Hot chick walking down the street. Driver gets distracted and hits another car.

Should the hot chick bear some blame?

Image
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Re: Interesting texting case...

Post by Hokie CPA »

Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.
And the answer to that question is NO. If I'm driving and someone is being that much of a distraction, I have no qualms about doing exactly what my Dad used to do and pulling off to the side the road and telling them they are welcome to get f*ck out and walk and they can't shut their f*cking pie-hole.
I don't care if you're a Democrat or a Republican... if you refuse to consider alternatives to the two parties, you support the Status Quo and you are a major part of the problem.

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Re: Interesting texting case...

Post by Hokie CPA »

USN_Hokie wrote:
Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.

Hot chick walking down the street. Driver gets distracted and hits another car.

Should the hot chick bear some blame?

Image

Image

If you have cut-rate insurance, you could be paying for this yourself...
I don't care if you're a Democrat or a Republican... if you refuse to consider alternatives to the two parties, you support the Status Quo and you are a major part of the problem.

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Re: Interesting texting case...

Post by nolanvt »

USN_Hokie wrote:
Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.

Hot chick walking down the street. Driver gets distracted and hits another car.

Should the hot chick bear some blame?

Image
There would've already been precedent set had Kramer not screwed up. Jackie Chiles had them on the ropes.

Image
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Re: Interesting texting case...

Post by Florida Hokie »

I think we'd need to see her naked before making such a determination.
USN_Hokie wrote:
Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.

Hot chick walking down the street. Driver gets distracted and hits another car.

Should the hot chick bear some blame?

Image
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Re: Interesting texting case...

Post by Florida Hokie »

Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.
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Re: Interesting texting case...

Post by USN_Hokie »

nolanvt wrote:
USN_Hokie wrote:
Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.

Hot chick walking down the street. Driver gets distracted and hits another car.

Should the hot chick bear some blame?

Image
There would've already been precedent set had Kramer not screwed up. Jackie Chiles had them on the ropes.

Image
Nice pull, I completely forgot about that episode.
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Re: Interesting texting case...

Post by USN_Hokie »

Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.
"The owner of that taco stand should've known his burrito was going to give you explosive, fiery gates of hell diarrhea while you were driving home....which distracted you and caused an accident."

This logic really is a wrapped present for trial lawyers.
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Re: Interesting texting case...

Post by Hokie5150 »

Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
In doing a quick Google search on this another issue came up. It appears that in many areas it is illegal to intentional distraction bicyclists...hmm.
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Re: Interesting texting case...

Post by Hokie5150 »

Hokie5150 wrote:
Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
In doing a quick Google search on this another issue came up. It appears that in many areas it is illegal to intentional distraction bicyclists...hmm.
And it should be noted in this discussion that I'm not 100% on board with either side of this issue. I'm merely pointing out where I could see legitimate angle to it...as I started this: Interesting.
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Re: Interesting texting case...

Post by USN_Hokie »

Hokie5150 wrote:
Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
In doing a quick Google search on this another issue came up. It appears that in many areas it is illegal to intentional distraction bicyclists...hmm.
Yeah...in DC, you can't honk your horn at someone on a bike. That's different, you can't ignore someone blaring their horn at you from behind. You can turn the volume down/off on your phone, though....
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Re: Interesting texting case...

Post by Hokie5150 »

USN_Hokie wrote:
Hokie5150 wrote:
Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
In doing a quick Google search on this another issue came up. It appears that in many areas it is illegal to intentional distraction bicyclists...hmm.
Yeah...in DC, you can't honk your horn at someone on a bike. That's different, you can't ignore someone blaring their horn at you from behind. You can turn the volume down/off on your phone, though....
Why can't you ignore a car horn?
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Re: Interesting texting case...

Post by Florida Hokie »

You better not if you are on a bike.
Hokie5150 wrote:
USN_Hokie wrote:
Hokie5150 wrote:
Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
In doing a quick Google search on this another issue came up. It appears that in many areas it is illegal to intentional distraction bicyclists...hmm.
Yeah...in DC, you can't honk your horn at someone on a bike. That's different, you can't ignore someone blaring their horn at you from behind. You can turn the volume down/off on your phone, though....
Why can't you ignore a car horn?
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Re: Interesting texting case...

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Florida Hokie wrote:You better not if you are on a bike.
The majority of bikers I see have earbuds in...
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Re: Interesting texting case...

Post by USN_Hokie »

Hokie5150 wrote:
USN_Hokie wrote:
Hokie5150 wrote:
Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
In doing a quick Google search on this another issue came up. It appears that in many areas it is illegal to intentional distraction bicyclists...hmm.
Yeah...in DC, you can't honk your horn at someone on a bike. That's different, you can't ignore someone blaring their horn at you from behind. You can turn the volume down/off on your phone, though....
Why can't you ignore a car horn?
I suppose if you were completely lit up on drugs you might ignore a car horn.....maybe we should ban drugs?
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Re: Interesting texting case...

Post by awesome guy »

USN_Hokie wrote:
Hokie5150 wrote:
USN_Hokie wrote:
Hokie5150 wrote:
Florida Hokie wrote:Slippery Slope argument: Billboards, construction zones, radio, etc. etc. etc. - there are all sorts of potential distractions to a driver. It's up to the driver not to be distracted by them. This would include texts in my book.
In doing a quick Google search on this another issue came up. It appears that in many areas it is illegal to intentional distraction bicyclists...hmm.
Yeah...in DC, you can't honk your horn at someone on a bike. That's different, you can't ignore someone blaring their horn at you from behind. You can turn the volume down/off on your phone, though....
Why can't you ignore a car horn?
I suppose if you were completely lit up on drugs you might ignore a car horn.....maybe we should ban drugs?
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Re: Interesting texting case...

Post by CWHOKIECPA »

Hokie5150 wrote:
awesome guy wrote:I think backseat drivers are more of a distraction than txts. But the whole argument is silly, the driver is still the driver. They should pull over if someone is being such a problem and explain it to them or let them cool off.
The question is not whether or not they are more (or less) of distraction. The question is whether or not you have any share of blame if you cause a distraction that results in a wreck.
The answer is no, because it is impossible for the phone to be a distraction if I decide it's impossible for the phone to be a distraction.
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Re: Interesting texting case...

Post by Florida Hokie »

I think you do know the answer. Jet skiers are D bags.
awesome guy wrote:I'm not sure why jet skis think they have right of way,
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