Sunday, May 22, 2005

Was that a stop sign??

Last week I had the unique opportunity to meet a man whose legs had been taken by an inattentive driver. It's truly a tragic situation. The driver had looked away from the road to eat some chips (he was running late for work and had to grab a quick breakfast) and then plowed the man right down. One person's momentary mistake cost another person his legs and so much more.

We took extra care not to say anything offensive, but unfortunately there were inadvertant mentions of "standing up" and "walking around" and what-not. What was just a temporary awkward situation for us was actually a horrific permanent modification of every component of this man's life. Think about it for a second. This man cannot walk his daughter down the aisle. He can no longer grab the leash and take the dog out for a simple walk. He can't swim with his grandkids or take them on a hike. Nevermind the basics like showering, using the bathroom, getting into a building, or having sex.

So what should happen to the man who was driving? That's my first question.

The next question pertains to a new law before the Nevada legislature. It's called the misdemeanor vehicular manslaughter law. Basically, it creates a charge for when someone dies because of a driver's negligence. In reality, the law is a feel-good law. It doesn't change the current penalty for being a bad driver. Already in Nevada, all traffic violations are *technically* misdemeanors with a possible maximum $1000 fine and six month jail sentence (unless the specific law says otherwise). The new law has the exact same penalty.

The argument for the law though is that it goes on someone's driving record that someone has been killed. Basically, it provides more accountability for drivers and makes sure that victims are recognized.

There are a few criticisms of the law though. First, it doesn't apply in situations involving serious injuries, like with my friend who lost his legs. So causing a coma, brain damage - that's not recognized. Only death. Second, the law may punish too much behavior. For example, a lady backed over her toddler in her driveway the other day and killed her. Mom didn't know the baby had run out and she didn't look back closely enough to see if there were any kids behind her car. But this lady would *technically* have violated the law (unsafe backing + death). Third - and honestly, the one I'm most worried about - is that existing felonies - like drag racing resulting w/ death, reckless driving w/ death, etc. are now more likely to be reduced to the lesser charge of misdemeanor vehicular manslaughter.

This one's a toughie for me. While I think that there does need to be accountability for ruining another person's life while driving, I'm afraid that every person who experiences a bad twist of fate will end up in jail. Even general law-abiding me. I've run a stop sign before. I didn't mean to. I didn't see it. And I hit someone. Thank God he didn't die. But say he wasn't wearing his seatbelt?

I think people don't take driving seriously enough. We drive with flip-flops. We eat. We drink. We talk on the cell. We put on make-up. We read the paper. We look at directions. We pay attention to our friends. If this law makes people think twice about doing these kinds of things, then I would probably support it. What do you think?

8 comments:

sugafree9 said...

My thought is that you said "we" put on make-up. How did you know about that? I was very careful making sure that nobody saw my secret make-up kit. I feel very dirty.

In reality, I would think that having caused someone's death should always go down on their permanent record. Whether it be by car or by tooth. When I threw a paper airplane at Mrs. Goad in 7th grade, I was told that could go on my "permanent record", I think causing someone's death should too. I'm not sure which is worse though.

Randi@SowderingAbout said...

I am a bad driver. I speed, play with music, talk on my cell, etc. However, I also know that I am a bad driver, so if I think about it, I don't do these things. My dad also took me out and taught me how to drive at 15 and then continued to teach me until I got my licence at 16. By 16, I had more time behind the wheel than an average 18/19 year old, giving me the experience I needed, and the feeling of comfort behind the wheel that a lot lack.
I also have noticed that there are a ton of people that seem to not have any experience driving. Since they lack experience, they lack comfort, and therefore are scarred of driving, causing accidents, because they freak at the wheel. I think that more and more people lack experience behind the wheel. If they were required to take classes to update their skills (or something) then they would have some skills (like bo staff skills, or computer hacking skills, gawd!). more experience=less accidents

Shawna said...

I was a better driver when I was younger. Always checking my mirrors, signaling, and that's just for the hot guys that drove behind me! But seriously, I really was a better driver when I was younger.

Now, I'm always in a rush to get somewhere. I speed like mad, put make up on, on the way to work; eat, read maps, talk on my cell phone, text message people....the list goes on and on. I once saw a guy playing the guitar while driving!

I still think for the most part I am pretty attentive. I can't say I never swerved back onto the road after looking down for a moment. But I have also almost rear ended some idiot that can't merge onto the freeway and stops, while I'm looking in my rear view mirror trying to make sure I can get on safely.

I'm not sure a traffic accident that causes a death should necessarily be put on my permanent record, however I'm torn. Accidents happen. I know that my chances of dying in an automobile or because of an automobile are higher then, say dying from an airplane crash. but I know this, and still risk driving, walking, biking. Sure I want people to pay attention and I try my best too, but accidents do happen.

What about the mother who's baby stands up in the shopping cart while she's reading the shampoo label, and falls onto his head? Happens all the time, should all accidental deaths go on someones permanent record?

Personally, if I killed someone for lack of paying attention, I would NEVER be able to live with myself. I'd be in a state of misery forever!

Cladeedah said...

Would it make any of you admittedly inattentive drivers more attentive if you found out the guy who plowed into my pedestrian friend got a year in jail? What about the passing of this law? Does that make you want to change your ways? IS it that you're satisfied that you can do all of this stuff and drive? I used to do all of this stuff. Now I only talk on the cell phone. Can't seem to break that habit. But only when I'm on my way home and I know the route and its hazards like the back of my hand.

Cladeedah said...

Oh wait, I also still eat, but only while stopped at the red lights.

Shannon said...

I agree with Greg. I've actually been thinking about this for a while, but didn't comment 'cause I didn't know what to say. People do "stupid" things because they feel confident that they can handle the situation. I always think David drives dangerously, he claims he can handle it. A law or a slew of speeding tickets hasn't deterred him

Like Shawna, I was a more attentive, careful driver when I was younger. Contrary to Randi's claim, experience has made me more lax. I feel I know what I'm doing, and it hasn't killed me (or anyone else) yet, so...

I don't think the law is a deterrent in this case. If the guy gets a year, people'll say "good, he deserves more for ruining that guy's life." No one will think they could actually cause such an incident. The key would be to draw people's attention to the fact that their behavior can cause similar accidents. A punishment won't do that.

David said...

For the most part, I agree with Shannon (and thereby, Greg). People often don't recognize the dangers of their actions.

My driving habits have garnered me six speeding tickets in eleven years. I drive fast because it's exciting - and as Greg noted in a post a few months ago, I've taken the time to get safe-environment practice while driving my car at the limit. I know exactly what I can and can't do, and I don't push those limits while not wearing a helmet. I've never caused an accident, but my experience on the track has helped me avoid a few almost-certain accidents.

That said, I accept that there will be costs associated with my driving habits, and I'm prepared to pay them. Things such as tires, brake pads, and general maintenance all absorb more money with hard use. I associate the additional cost of my tickets with these costs.

I also don't do much else while driving. I don't eat in my car, and I use a wireless Logitech headset when I talk on the phone (and I avoid doing that, too). But enough about me.

I support the law. I think the risk of letting a strong offense off on a plea-bargain is a lesser evil than not noting on a driving record when one's actions end a life. I don't think it would be a bad thing for the mother to have a notation on her record saying that she killed someone through vehicular negligence of some sort.

sugafree9 said...

I had something witty to say, but gave up on it cause of my short-term memory. Also, I go to the grocery store all the time and I never saw a kid fall out of the shopping cart and die. Does this really happen all the time