Yeah, I agree. Driving and messing with your phone is only a bad idea when other people do it.

This is one of the times when lawyers might actually be useful.

There has to be some civil liability in a situation like this.

My friends from Tennessee say 'cut' the window down.

oh yeah, absolutely. I was just reflecting on my get-off when someone came across the yellow line etc; scary to think about w/out gear (personnally).

I definitely didn't want to take away from that idiot on a cell phone that caused the wreck etc.

My 79year old dad was T-boned by a kid that was dialing a phone and ran a red light. Luckily it was in town and ONLY totaled his truck.

Same thing, the kid admitted he was dialing. Like, no big deal, that's just the breaks.

Dunno, seemed a little inappropriate for this thread. Gave me a chuckle though.

I'm sorry to hear of this, my sincere condolences.

Except that, in all likelihood, she's judgement proof.

The one other bit that most people tend to forget is that merely talking on the phone, regardless of if it's hands free has similar impairment to driving drunk. For whatever reason talking to someone in the car does not have a similar impairment, but if you're talking on the phone at all you are taking an act that has an impairment level similar to drunk driving.

I presume that she still has her cell phone. Take that away.

She may not have assets but if she's under18 her parents might and they are likely liable since it was their car. But you're likely just to sue the insurance company.

Judgment proof doesn't really mean judgment proof - it means collection proof.

That judgment will last forever (if revived correctly). And it will accrue interest at the statutory rate (9.0% in Missouri).

Take your judgment and garnish every few months. Transcribe it to a lien on their home and try to foreclose on potential equity. Hell, send the Sheriff to take their shit and sell it for pennies on the dollar (sooner or later, they'll get tired of it).

Get your judgment and worry about the rest later. If they're young, you'll get something someday.

/hijack

I'm not sure you can say that about all drivers but I know its true for me. I never answer my cell when I'm driving.

there are just way too many morons driving to get me on a bike. Sorry for your loss, but everyone knows the risk.

Yeah, that's messed up. RIP.

Out of curiosity, how do you know she was texting? The little snippet in the link doesn't give details.

Too bad your buddy wasn't at least wearing a helmet. I ride with one but not any other gear in the summertime. I hope I don't live to regret that someday, but its just too damn hot to wear gear. But right now its good weather to start wearing my jacket again.

My brother doesn't wear a helmet. I hope his dumb ass doesn't end up like this some day. Maybe I should buy him one for his birthday.