Comments on: Behind-the-wheel texting as a non-fireable offense

By: Facing tough times, transit unions come under fire :: Second Ave. Sagas | A New York City Subway Blog

Thu, 12 Nov 2009 06:18:22 +0000

[...] struck by a bus while he was cross the street. On Tuesday, I reported that this bus driver had been suspended for texting behind the wheel. Protests by the Amalgamated Transit Union, though, led to a simple [...]

By: Andrew

Andrew — Thu, 12 Nov 2009 03:46:50 +0000

Someone who texts while operating a motor vehicle (and especially a bus!) has made it plainly obvious that he or she does not respect the tremendous damage that he or she can cause by making the slightest mistake.

Someone who has demonstrated this sort of blatant disregard for basic safety should never be permitted to hold a safety-sensitive job title.

Whether Mr. Philhower was texting at the time of the vehicular homicide is not particularly relevant.

By: Andrew

Andrew — Thu, 12 Nov 2009 03:35:41 +0000

The article that I saw said that Mr. Kahn was running to catch the light.

In other words, he still had the light.

In other words, Mr. Philhower was legally obligated to yield to Mr. Kahn. Not only did he fail to yield, he struck and killed him.

Of course, these articles don’t always state the actual facts, since it’s difficult to determine the actual facts. Mr. Philhower, of course, could give his side of the story. But Mr. Kahn wasn’t around anymore to provide his.

By: Alon Levy

Alon Levy — Wed, 11 Nov 2009 07:32:14 +0000

The Gothamist says the driver wasn't texting during the accident; he had been suspended before for texting. The money quote:

While investigators don't believe he was using his phone at the time of the accident, they do say that he often used it "to post disparaging comments about his passengers to Facebook while on duty."

By: AK

AK — Wed, 11 Nov 2009 00:50:53 +0000

Given that texting while driving is more dangerous than drinking and driving, the answer (at least the consensus answer) would have to be yes.

By: Benjamin Kabak

Benjamin Kabak — Tue, 10 Nov 2009 21:54:49 +0000

My point, though, is that this incident had nothing to do with his prior texting-on-the-job incident.

That’s mostly true. It depends upon what type of driver you want though. Is someone who texts on the job a more negligent driver than others? I don’t know the answer to that, but it’s a question that has to be asked.

By: Scott E

Scott E — Tue, 10 Nov 2009 21:52:53 +0000

I’m sorry if I sound unsympathetic or if it appears I’m siding with the bus driver and blaming the victim — I’m not. I don’t know all the facts, all I know is that Mr. Kahn was reportedly running into the intersection to beat a light (which suggests it started flashing “Don’t Walk”). Perhaps he was running down the sidewalk and didn’t even break a stride when he stepped off of the curb. If the driver looked before turning, and saw that it was clear, I can’t fault him if someone darts in front of the bus at the last second. There’s too many “if”s here to say for sure, but I don’t think we can jump to conclusions and lay blame on anyone. My point, though, is that this incident had nothing to do with his prior texting-on-the-job incident.

By: Benjamin Kabak

Benjamin Kabak — Tue, 10 Nov 2009 20:08:50 +0000

Hitting a person in a crosswalk who has the light isn’t quite the same as hitting a small animal that darted in front of your car. Not even close.

By: SEAN

SEAN — Tue, 10 Nov 2009 19:33:20 +0000

The WMATA does have a zero tolerance policy for texting or talking on cell phones. drivers are fired on the spot if caught even in emergencies.

By: Scott E

Scott E — Tue, 10 Nov 2009 19:17:54 +0000

Based on what you’ve stated, I can’t say whether the driver is or is not wrong. Pedestrians also have to use caution and shouldn’t run in front of moving buses. When I’m driving (a car, not a bus), I do all I can not to hit anything or anyone. But once, a small animal (cat, squirrel, not sure) darted in front of my car and unfortunately I hit it. I felt horrible about that, but if someone accused me of driving carelessly, I’d surely get pretty angry and defensive.