Slap on the wrist or jail time

[henryk]

What do you think she'll get? Read the story here http://www.dailyherald.com/story/?id=290935&src=3

RIP Anita

[cactusjack]

How sad. The driver probably won't get what she deserves. Because she was painting her fingernails while driving, another person is dead.

Penalties for accidents involving drivers texting, shaving, applying makeup, reading a map, and other distractions should be doubled or tripled, just out of principle.

[strobe]

+1 People make a choice to do other tasks while driving, they make the choice and they should be held accountable!

[henryk]

I agree CJ. My fear is that this will get twisted and make the rider
at fault for some reason.

[keith23]

This is a tuff one. How many times have you glanced at a map while driving or lit a cigarette or turned around to yell at the kids or had a Big Mac. If you accidentally hit someone while wiping your mouth with a napkin or looking down because Big Mac sauce dripped on you or your cigar ash flew off on you. Do you think you should go to jail for the rest of your life???? I would hate to have to make that call. You can't say texting is worse than painting your nails or eating or taking a cell call. I'm just not sure..... :-/ ???

[Cajunrider]

IMO texting, painting nails, applying makeup, reading a book, etc. are all activities that can be done safely on the side of the road or at home if that person gets up or begins preparing to leave early enough. An accident such as spilling hot coffee on your lap causing you to lose control isn't the same root cause but can lead to the same results. I guess that's where a fair minded jury comes into play. People applying makeup or shaving tells me that they didn't leave home early enough to be ready to meet their schedule. In my mind, those should pay and pay dearly for killing or maiming someone due to their procrastination.

[waterman]

This a tradgedy. I don't know if the punishment can be severe enough. Especially when she said she didn't see the motorcycle until after she hit the bike. This tells me she hadn't looked up for some time. One thing for this type of stupidity would be permenant loss of driving.

Keith, we all have looked away sometime during driving. However, if I am looking at a map I make damn sure no one is around me. I refuse to be in an accident due to my stupidity or at least keep it to a minimum.

I am beginning to wonder if this type of education needs to be incorporated into a class that every new driver has to take so they understand the consequences of their decisions. Have family members talk about their loss or the actual victim if they weren't killed and the driver who caused this. Part of a community service for them.

I remember when I took drivers ed, we had a patrolman show up and show some very graphic pictures of accidents and talked about the causes of those. 99% were because of someone's stupidity. Still lives with me today, almost 28 years later.

[cactusjack]

Originally Posted by keith23

This is a tuff one. How many times have you glanced at a map while driving or lit a cigarette or turned around to yell at the kids or had a Big Mac. If you accidentally hit someone while wiping your mouth with a napkin or looking down because Big Mac sauce dripped on you or your cigar ash flew off on you. Do you think you should go to jail for the rest of your life???? I would hate to have to make that call. You can't say texting is worse than painting your nails or eating or taking a cell call. I'm just not sure..... :-/ ???

I have to take exception with this. You are in your car to drive, period. Driving should be your number one priority, not cleaning Big Mac special sauce off your lap or yelling at the kids. Any distraction that takes your attention away from driving is unsafe, no matter what it is. One distraction is just as bad as another. I hate to see laws passed targeting text messaging because there are still dozens of other distractions that are just as dangerous that aren't addressed.

I don't think this driver should spend the rest of her life in jail, but she should go to jail for some length of time.

[henryk]

Waterman, I agree about the "education" part, but not just for every new driver, also every driver by some PAS's on driving safely. Some people need to be reminded more often. A TV/Radio commercial every once in a while would help.

CJ, Not a life, but some time in jail should be served.

[ringadingh]

They just passed a law here a week or so ago about using electronics while driving. Cell phones must be hands free, Ipods etc cant be adjusted while driving, no texting as well as a few other things I cant remember.
I would like to see cell phones banned outright for drivers altogether. Around here almost everyone is on a cell while driving and Ive seen how it effects peoples attention. With the volume of traffic around here its just too easy to get in trouble.

[blowndodge]

Legally, driving is a "privilege" not a "right". No excuses if your painting your nails. Gross vehicular manslaughter.

[flavor]

If you have total disrespect for other drivers by painting your fingernails or texting, you deserve to spend years in prison.

If carelessness involved guns, it would be all over the national news and the anti-gunners would beat it to death.

We had accidents in this area with people texting while driving. Even if accident with NO Death resulting, should require jail time. I believe motor vehicle accidents are at the top of the list for accidents death resulting.

[keith23]

I agree I think she should be punished.
But my question was where do you draw the line.
Cajunrider has a point and I agree you should take care of these things before you drive.
The reality is we don’t or I should say I don’t. I’ll go to the drive thru and get something to eat, answer the phone if someone calls, should I, NO.
I just don’t think we should make a blanket statement to lock her up and throw away the key.
I’m glad we have a system in this country that will decide the outcome for this woman instead of trying to legislate everything we can and can’t do...

[patmahoney]

Jail time is definitely deserved. Keith23 has a point in that anyone can be momentarily distracted by any number of circumstances, some more justifiable than others. Terrible things can happen to the best of drivers when they are momentarily distracted at the wrong instance. That was not the case here.

When someone knowingly and voluntarily makes the choice to paint their nails, or engage in any other activity that diverts their attention from the road for prolonged periods of time they need to take responsibility for that choice. The rider was stopping for a yellow light and was struck from behind by the car. This was not a case where the rider suddenly pulled out in front of her or was riding in her blind spot, the victim was riding right in front of her, most likely for some time before they reached the intersection. Have you ever watched someone paint their nails it takes two hands and visual concentration, in addition to not watching where she was going this woman was most likely driving with her knee. She stated that she did not see the rider until after the collision, well it is most likely would not have mattered if she had looked up to see the rider in her path, she would not have been able to avoid the accident because her hands were not on the wheel.

These actions are inexcusable, though I am sure some lawyer out there will try. I think she should be punished to the full extent of the law, but I will not be surprised if she walks.

[rickyboy]

Originally Posted by keith23

I agree I think she should be punished.
But my question was where do you draw the line.
Cajunrider has a point and I agree you should take care of these things before you drive.
The reality is we don’t or I should say I don’t. I’ll go to the drive thru and get something to eat, answer the phone if someone calls, should I, NO.
I just don’t think we should make a blanket statement to lock her up and throw away the key.
I’m glad we have a system in this country that will decide the outcome for this woman instead of trying to legislate everything we can and can’t do...

What you say in both of your posts might be true about us all having done stupid things while behind the wheel. But we made those choices and when we make a choice we have to accept all the repercussions that go with those "stupid" choices. In this case, the woman took someones life. Needlessly. She was so involved with her ego that she actually forgot what it was that should be her main focus. Driving. In my opinion it's manslaughter. Yes throw the key away for 30 years, with no chance of parole. Then if she lives through that. A life time ban on driving any motorized vehicle. I wouldn't even let her pull my granddaughters wagon. If that's too tough. To frick'in bad. She should have thought about what she was doing when she made that fatal mistake to be doing something other than driving.
I would like to see in cases like the above, that the person who made the mistake, and happens to seriously injure or kill someone, that they don't even get the chance to challenge the charges of "driving with undue care and attention." I think that's what they call it up here. No discussion. "Go directly to jail, do not pass go, do not collect $200. dollars". {if you remember the old game Monopoly.} One more stupid driver off the road.