Found guilty, teen to serve year in fatal texting crash

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  • 10acity
    10acity Posts: 798 Member
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    Yes, texting while driving is extremely dangerous and inexcusable, but I do not think he meant or intended to harm somebody by doing so. Manslaughter? Yes. Homicide? Absolutely not.

    I'd agree with this, but I'm not sure that is actually the legal distinction between "homicide" and "manslaughter". I'm no lawyer, but I believe all killings-- accidental or intentional-- are homicides and the difference determined by intent is between "murder" and "manslaughter". Again, I'm not in law and could be wrong but this has always been my understanding.

    I'm not particularly upset by the year in prison-- he should certainly be punished and some time to sit around and think about what a careless, idiot move he made seems completely appropriate to me.
  • TheWinman
    TheWinman Posts: 700 Member
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    Its literally boggling my mind reading people here DEFENDING the killer.

    I have learned no matter how cut and dry something may seem, how awful something is or whatever, there is always someone defending the person. The people defending this guy either see no problem with texting and riving or they are a defense attorney. IMO
  • fbmandy55
    fbmandy55 Posts: 5,263 Member
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    Just like drinking and driving, it will matter little. What would help is a hands free law for car manufacturers. Even the new Carolla comes with Bluetooth. We have the technology for everything to be voice activated including reading texts and sending them. There is no reason to take your eyes off the road even to turn on the car heater.

    Yep, I just bought a car (not a fancy one either, a 2011 Mazda 3) and even it has bluetooth so I don't have to take my eyes off the road if I get a call or something. These safety features are really invaluable.



    There was a thing out a while ago that said hands free calling is just as distracting as holding the phone. I can believe that. I often get flustered and panicky if someone tries to tell me something important while I'm driving. Maybe that's just me...

    THen I guess we should make it illegal for the driver to talk to the passengers in the car, messing with radio or eating in the car. :)

    That's what it will come to as long as the "let's ban this and let's ban that" crowd sticks around and keeps lobbying to have things taken away. :grumble: Hello people, is this not the story of the world today? Something bad happens and we blame a product or item and then ban it.

    Why don't people stop blaming **** at realize that it's stupid people and lack of attention. Just as many accidents, if not more accidents are cause by people either being in a hurry or not paying attention. It doesn't matter if you are drinking, using a phone, changing the radio or talking to a passenger, accidents are cause by carelessness!
  • couponfun
    couponfun Posts: 714 Member
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    I think that we can all be outraged, but you know what? Accidents are just that. It's not outright murder, which is why there's a distinction legally between murder and manslaughter. There should be harsher sentences for DWI.

    HOWEVER, having worked in insurance, here are some of the cases I got to work on:

    A 17-year-old girl killed an 86-year-old grandfather of 12 when she hit him head on while applying her lipstick.

    A man killed a family of 4 when he swerved when his female companion bit his ___ while they were messing around on the highway.

    A woman spilled coffee on herself, causing her to swerve, going off a bridge and killing the passengers in the car passing below.

    I don't think these people set out to kill someone else. How many of you have driven distracted? Anyone that drives assumes the responsibility and liability of driving, including the possibility you might do something that kills someone else. Should you be punished? Yes. Are you a murderer?
  • XFitMojoMom
    XFitMojoMom Posts: 3,255 Member
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    with today's technology, I believe this function (txting and driving) should be able to be blocked while "in motion" - this also translates to walking and texting.
    I witnessed a teen girl texting and crossing against a red light yesterday, and when she was honked, she flipped the driver the bird.
  • couponfun
    couponfun Posts: 714 Member
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    Here's other food for thought: Had a case where a guy rear-ended a minivan. Normally not a bad accident, but the mom had gone to the back seat and taken her baby out of the car seat while they were driving because the baby was hungry and crying, instead of pulling over. So when they were rear-ended, the mom lost her grip on the baby and the baby went flying through the car and subsequently died from her injuries. Does that make the guy that rear-ended them a murderer? No. Did the mom murder her baby? No - she used poor judgement.

    Anyways, rant over :) Sometimes as a society we have to realize that the gray area is very, very big and not every situation is cut and dry.
  • taunto
    taunto Posts: 6,420 Member
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    Its literally boggling my mind reading people here DEFENDING the killer.

    I have learned no matter how cut and dry something may seem, how awful something is or whatever, there is always someone defending the person. The people defending this guy either see no problem with texting and riving or they are a defense attorney. IMO

    Or they're a part of this popular breed that donot like to take responsibility for their actions
  • Sharyn913
    Sharyn913 Posts: 777 Member
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    Its literally boggling my mind reading people here DEFENDING the killer.

    ^^ THIS!!!!!!!!! ^^
  • Anomalia
    Anomalia Posts: 506 Member
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    This is just sad for everyone involved. Truly heartbreaking.
  • mtaylor33557
    mtaylor33557 Posts: 542 Member
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    A young man that went to school with my little sister was working with a road construction crew and a college age girl was texting and never saw him and hit and killed him.

    It was tragic. It was senseless.

    As much as I hurt for her and know that she is scarred from this too, I have to say that there HAS to be some type of punishment befitting of the crime.

    Kids don't understand how powerful and dangerous a car can be.. if they can't operate the vehicle responsibly and with the caution it deserves, then they should have their license taken.

    I don't know if she's a "murder" in my eyes, but I don't feel she deserves to ever be behind the wheel again. And she should face some type of charges, however I'm unsure if "murder" is the right charge.
  • chicago_dad
    chicago_dad Posts: 357
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    It's hard to correct for optimism bias. we tend to think as follows: "I know it's dangerous to text and drive, but I'll be extra careful, and I'm a great driver, so nothing bad could happen to me, even though I recognize that statistically, it happens to other people, who are worse drivers than I."
  • TheRoadDog
    TheRoadDog Posts: 11,788 Member
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    I made my daughter fill this out when she got her permit and subsequent license. To the best of my knowledge, she never violated it. She never got caught at least. She's 18 now and an adult, but my name is still on the title of the car she drives and she is still on my insurance.

    ********************************

    Absolutely No Texting or using Cell Phone while driving. Get a different ringtone for Mom and Dad. When they call, safely exit the road, park and call back in a timely fashion.
    What happens if Holland gets caught Texting or using Cell phone while driving?
    • 1st Offense – Lose Driving Privileges for 1 month.
    • 2nd Offense – Lose Driving Privileges for 2 months.
    • 3rd Offense – Lose Car - Mom and Dad will sell it and give Holland the profit when she turns 18, at which time she will be responsible for getting her own vehicle and her own insurance.
    Does having a car give Holland permission to freely go anywhere she wants at any time?
    • No. Holland must still ask permission to go out. Holland will be where she says she is going. Holland will be home when at the agreed upon time.
    What happens if Holland gets a ticket and her Insurance increases?
    • Holland will pay the difference or Holland will not drive.
    Provided Holland’s GPA was 3.0 or above on the previous report card and no individual grade is below a C, Holland can get a job in 2011 as long as her grades do not suffer. (“Suffer” is a subjective term and is wholly defined by Mom and Dad)
    What happens if Holland’s grades begin to suffer?
    • Holland will quit her job and concentrate on her studies.
    How will Holland finance her fuel costs without a job?
    • Daddy will increase Holland’s allowance from $20 to $50 once she has a vehicle. $25 per week WILL be sufficient to purchase gas during the school year.
    • During the summer of 2010, Mom and Dad will entertain thoughts of Holland getting a P/T job, as long as it does not interfere with the family vacation.
    • Mom and Dad will continue to assist Holland by assigning chores during the summer. These chores and compensation for said chores will most likely increase since Holland will have the ability to carry out chores that would require the use of a vehicle.
    Who is responsible for the care and maintenance of Holland’s vehicle?
    • Holland !! Note: Mom and Dad will make sure that Holland’s new vehicle has good tread on the tires. Daddy will pay for a basic Oil Change every 4,000 miles.
    Whose name will be on the Title of Holland’s new Vehicle?
    • Michael and Jannette Vallandinhgam
    Who has permission to drive Holland’s new vehicle?
    • Holland, Jannette and Michael Vallandingham.
    I, Holland M. Vallandingham, understand the above information completely and agree to all conditions as outlined. I understand that any sanctions levied upon myself for non-compliance are solely my fault and I enter into this contact freely.
    Signature_____________________________________________________ Date_____________________
    Witnessed by________________________________ and ________________________________________
    (Daddy) (Mommy)


    *********************
  • roachhaley
    roachhaley Posts: 978 Member
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    Its literally boggling my mind reading people here DEFENDING the killer.

    I have learned no matter how cut and dry something may seem, how awful something is or whatever, there is always someone defending the person. The people defending this guy either see no problem with texting and riving or they are a defense attorney. IMO

    Or they're a part of this popular breed that donot like to take responsibility for their actions

    ^^ This

    "wahhh but it was a MISTAKE... and i'm barely an adult! boohoo!"

    I've rear ended someone (albeit gently) before because I was talking on the phone while driving. I dont talk on the phone while driving anymore. It was nobody's fault but my own. This was also when I was 16 - didn't mean I could blame it on "being a kid".
  • BigDaddyBRC
    BigDaddyBRC Posts: 2,395 Member
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    The teen should be locked up for 15 years and banned from ever getting a license.
  • mtaylor33557
    mtaylor33557 Posts: 542 Member
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    Here's other food for thought: Had a case where a guy rear-ended a minivan. Normally not a bad accident, but the mom had gone to the back seat and taken her baby out of the car seat while they were driving because the baby was hungry and crying, instead of pulling over. So when they were rear-ended, the mom lost her grip on the baby and the baby went flying through the car and subsequently died from her injuries. Does that make the guy that rear-ended them a murderer? No. Did the mom murder her baby? No - she used poor judgement.

    Anyways, rant over :) Sometimes as a society we have to realize that the gray area is very, very big and not every situation is cut and dry.

    It is not murder on the driver's part.. HOWEVER, that mother.. she's responsible here. I'm very serious about carseats and using them correctly ALL the time. There are too many children that are hurt and killed becuase the parents were lazy or "in a hurry" and thought it would be okay "just this once" or they loosen the straps and lower the chest clip because it's "more comfortable" for the kid. Parent's have to take responsibility for these things, it may not be murder, but it's neglect.
  • Amo_Angelus
    Amo_Angelus Posts: 604 Member
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    Good, who the hell thinks "Oh I don't need to even look at the road, I'll just read and write on my phone"? I get the whole talking on your phone is no different from having a passenger in the passenger seat, but texting? Come on, you don't read a book while driving? And you don't write your thesis while driving, logically you don't text (which is both reading and writing) while driving. Common sense really should tell people this is stupidly dangerous! You might as well just close your eyes, you need your eyes to drive, you don't need your ears, but you need your eyes!
  • JeepBaja
    JeepBaja Posts: 1,824 Member
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    I am guilty of this... in my defense I only do this when I am alone in the car often on long straight stretches of highway with no-one around. Any other time I can manage to wait until I am not driving.

    BUT I AM STUPID TOO!

    I can txt with one thumb and not look at what I am typing, still... it is distracted driving and when I see others doing it I curse their existence.

    The following people are also stupid,

    Those who put on makeup
    Those who read
    Those who pretty much make an entire meal and eat it
    Those who use a hands-free phone but are so involved in their conversation they pay attention to the road
  • couponfun
    couponfun Posts: 714 Member
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    I fully agree there should be penalties - I was more trying to get folks to think about defining something like an accident as cold-blooded murder, and how any of us doing every day things can make one simple mistake and be labeled a murderer. Punishment/restitutions should be harsh. Put them on old-fashioned chain gangs, for example, picking crops (which would also help with the problems of illegals) or cleaning roads. But I have a problem putting someone involved in a car accident in the same grouping as someone who takes a machine gun to a mall and starts killing people left and right. That's all.
  • vade43113
    vade43113 Posts: 836 Member
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    Slap on the wrist for murdering someone.

    This gets into "what is justice" territory. Yes, he killed someone. But, since he's not a serial killer or otherwise a sociopath, he has to live with what he's done. For most rational people, that's punishment enough. No amount of prison time is going to undo what was done. And given the nature of our current penal system, prison generally only destroys another life. This kid made a mistake. A huge mistake, but it was still a mistake.

    ^^^ I agree with her
  • m60kaf
    m60kaf Posts: 421 Member
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    OMG this kind of thing says so much about responsibility and why everyone is so grumpy with each other. Everyone is playing the technicality defense game ... It's the Banks fault I'm in debt, McDonalds fault I'm fat blah blah...

    All stems from the fact no-one is told they are doing anything wrong anymore. When is a 16year old EVER told you shouldn't do X Y and Z because of the serious consequences.

    So say I'm driving down the road texting and run over a five year old. a) Why would I not see this as my fault , b) Why despite the fact I'm hopefully quite a nice guy would I not expect to go to prison for a very long time based on taking away a life ??

    I just don't get all the selfish, self centred ****ers in this world

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