Got rear-ended

[RoLyMa27]

Glad everyone’s okay!

What area in Texas, so I can avoid it… Jk

East..., Palestine area! No doubt! I'm constantly on the lookout, watching my rearview, especially when traffic stops for some unknown reason! In our case, it wasn't even a sudden slam on your brakes deal. About 6 cars up, somebody was having car trouble trying to move to the shoulder, everyone slowed down, no big deal, but there was a gap behind us and the lady wasn't paying attention. She said she sneezed. The officers comment to me was, yeah, she sneezed right into her phone.

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[buck_6G]

What if they were distracted by something else, like their touchscreen, or their cup of coffee, or a baby in the back seat? Shouldn't the same apply?

That's an interesting point. In the case of a distracted driver causing an accident because they were on their phone, that's entirely voluntary on the part of the driver.

Someone fiddling with their touch screen is still negligent, but the device is built into the vehicle - you can't stuff it in your pocket or leave it at home to entirely eliminate the distraction. I'm not a lawyer, but I imagine there would be some product liability argument that could be made about infotainment systems posing a risk of distraction to a reasonable driver.

The driver using their phone while driving is not behaving in a safe manner consistent with most state laws (most states ban handheld phone use while operating a motor vehicle. Michigan bans any cell phone use for drivers under 21, while Montana has no regulations on phone use for any age).

Someone rear ended my Tacoma a few years ago in Austin during a rain storm (the drivers here are bad enough), and tried to play it off like it was a slip and slide braking scenario, but she was tailgating me and I could see the glow of the phone). Without a rear-facing dash cam, there wasn't any way to prove it, but I did get the repairs covered by her insurance.

There's very little in actuality to hold people accountable for negligence that contributes to accidents, short of obtaining a court order to seize vehicle telemetry data.

I try to remember when I'm on the road that allowing myself to become distracted puts real people's lives, not just their property, in jeopardy. The stakes are extremely high any time you get behind the wheel, but most people don't seem to care.

 

[Moto26]

That's an interesting point. In the case of a distracted driver causing an accident because they were on their phone, that's entirely voluntary on the part of the driver.

Someone fiddling with their touch screen is still negligent, but the device is built into the vehicle - you can't stuff it in your pocket or leave it at home to entirely eliminate the distraction. I'm not a lawyer, but I imagine there would be some product liability argument that could be made about infotainment systems posing a risk of distraction to a reasonable driver.

The driver using their phone while driving is not behaving in a safe manner consistent with most state laws (most states ban handheld phone use while operating a motor vehicle. Michigan bans any cell phone use for drivers under 21, while Montana has no regulations on phone use for any age).

Someone rear ended my Tacoma a few years ago in Austin during a rain storm (the drivers here are bad enough), and tried to play it off like it was a slip and slide braking scenario, but she was tailgating me and I could see the glow of the phone). Without a rear-facing dash cam, there wasn't any way to prove it, but I did get the repairs covered by her insurance.

There's very little in actuality to hold people accountable for negligence that contributes to accidents, short of obtaining a court order to seize vehicle telemetry data.

I try to remember when I'm on the road that allowing myself to become distracted puts real people's lives, not just their property, in jeopardy. The stakes are extremely high any time you get behind the wheel, but most people don't seem to care.

As a long-time motorcycle rider, I’m keenly aware of these factors. I’ve been riding since the only mobile phones were in the back of rich guys’ limousines. Yet, there were always distracted drivers trying to kill me out there. Cell phones definitely add to the mix, but they’re just another distraction, in my eyes.

So when our local government passed these cell phone laws, criminalizing the use of phones behind the wheel, did I feel safer? Not even a little bit! I’m every bit as cautious and suspicious of other drivers as I ever was.

Just today, I was passing the road sign on the way into one of our towns that says “we’re a hands-free community”, and in fact you can get a criminal ticket just for holding a phone in your hand while you’re driving. At the exact moment I passed that sign, a car drove by me, and the driver was holding an unwrapped egg mcmuffin or something in his hand. That would NOT be considered a criminal offense in this town.

Now, if he were to get into an accident at that moment that was his fault, I think the penalty should be the same, whether he was holding a phone or his breakfast. I don’t know why the phone should be the thing that determines how egregious the crime was…

 

[Ducksworth]

I'm going to go ahead and pile on here with the texting and driving. I really wish these regulations were enforced more. I grew up overseas, and at least where I was, they were heavily enforced.

You weren't even allowed to have your phone in your hand...and that included while stopped at a red light or sign. A single instance was a couple hundred bucks and points off your license. 2 infractions were all it took to get your license revoked. It was also made clear that you had no chance of arguing your case in traffic court and the local cops were always looking out for it.

I know it sounds severe but man it made a hell of a difference.

 

[Acadist]

My second wreck in this area with a teenage girl on her phone... other was in my old 4Runner

And lol at the damage to Juice:

Sounds like you need to take a different route. In all seriousness, that sucks but does not look major

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