This story is appalling to me. In a nutshell, Shannon texts Kyle while Kyle is driving. Kyle returns the text while still driving, and swerves the vehicle, hitting David and Linda, who were riding a motorcycle. David and Linda each lost a leg, so the accident was very serious.
Kyle pleaded guilty to distracted driving, and was ordered to speak to 14 high schools about the dangers of distracted driving. He was also required to pay $775 in fines. He did not lose his license.
David and Linda’s lawyer is not happy with this. And this is where they lose me. This is what is making me apoplectic. The lawyer, Stephen Weinstein, has argued that Shannon should have known Kyle was driving and texting her at the time. He argued that while Shannon was not physically present at the wreck, she was “electronically present,” and he asked for a jury to decide Shannon’s liability in the case.
I’m sorry. Even if I’m having a text conversation with someone, I don’t know where they are. They could be driving, for all I know. But is it MY responsibility to not text them because they might be driving? If that’s the case, I would never text anybody, because everybody I text is a driver!!
I believe in personal responsibility. I believe in not texting while driving. I’ve started using a headset while I’m driving, and even then, I’m not really that comfortable with it, and try to only use it when I’m traveling the back country roads, because I can sense that I’m paying less attention to the road when I’m using it.
But if I crash while I’m on the phone, how on EARTH is it the fault of the person I’m talking to? That is just asinine. The judge in this case should fall off his bench laughing at Mr. Weinstein. Right after he charges the lawyer with contempt and throws him out.
So what do you think? Should Shannon be held responsible for the wreck? Should she have to pay damages to David and Linda?