This tragic case is the prime example of the dangers of texting while driving.  In California, it is a vehicle code violation to use a cell phone without a hands-free device and texting or reading a text message is illegal.  Texting while driving is still allowed in Texas, and the dangers are quite clear.  It is the responsibility of the legislature of that state to take appropriate action to curb such practices.  This verdict can be a good indication to the elected officials about how the community feels about this type of behavior.

Damages caps are arbitrary and inherently unfair.  The law basically said, that no matter what your injury, no matter how egregious the medical error, no matter how preventable it was, you are limited as to the award you should get.  There was no formula, no science and no logic behind the numbers they chose.

Currently, in California, there is a non-economic cap on damages a plaintiff can receive in a medical malpractice suit.  It is capped at $250,000.00 and represents an arbitrary number that was chosen back in the 80′s.

Starting on July 1, 2008, two new laws go into effect which relate to the use of cell phones while driving.  The first one, Vehicle Code Section 23123 prohibits all drivers from using handheld wireless phones while driving, unless using a hand-free device (ear piece or Bluetooth speaker phone).  The second law, Vehicle Code Section 23124 prohibits all drivers under the age of 18 from using any handheld wireless device even if it is used with a hands-free component such as an ear piece or Bluetooth speaker phone.

The law allows for calls to be made in cases of emergencies when required to call the police, medical, fire department or other emergency services.  Dialing your phone (which in my opinion is just as distracting as talking) is still allowed. The other interesting thing about this law is that text messages (which in my opinion are even more distracting) are still allowed to be made so long as you are above the age of 18.

One of the six who died was sophomore David Betts of Bryan, Ohio, who’s father John Betts has launched a campaign to promote the Motorcoach Safety Act of 2007″ (S. 2326).  The proposed bill would require seat belts on charter buses and passenger buses that travel from state to state. In addition, the proposed legislation also would require changes designed to prevent passengers from being thrown out windows and strengthen bus roofs. 

I certainly support this bill and hope to see it turned into law.  Charter bus accidents often result in serious injuries and in some instances can be fatal.  There is no doubt that we are in need of regulations and safety laws to protect those travelling through our states.