# So who has been injured by a texter? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 20, 2018, 1:33pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883 "2018-03-20T13:33:27Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![cmyk](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cmyk/32/3353_2.png) [@cmyk](https://boards.straightdope.com/u/cmyk)\ **Post date:** [March 21, 2018, 5:51pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/61 "2018-03-21T17:51:56Z")
> [@Broomstick](#): > > I’m not the “cyberbully” here, friend. > > Yes, there may be some exaggeration, but given Annie only has one usable hand, was significantly smaller than the other person, and does appear to have been injured in her sole usable hand the officer involved might have had some sympathy for her. If the other party got confrontational with the officer rather than admitting they did a stupid, negligent thing I could see something like those charges, even if the officer didn’t expect anything to really come of them. People who are so wrapped up in their phones they aren’t paying attention to the world around them do cause accidents and do fuck up other peoples’ lives - if this dork had wandered in front of a car and been injured or killed do you think that would have no effect on the driver? How about knocking a toddler into something hazardous? Some elderly person with fragile bones being knocked down and breaking something? > > Yes, it’s easy to laugh this off as not serious, or accuse the OP of lying (something some posters are all too ready to do, and that rises to the level of bullying too often) but something that seems no big deal at first can wind up life-changing. And given just how careless/stupid people who can’t take their eyes off their phone can be, I don’t have a problem with treating these incidents as serious breaches of responsibility. Right. Why charge someone for the incident at hand, when you can trump it all up based on what could have happened? ---
**Author:** ![Helena330](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/helena330/32/531_2.png) [@Helena330](https://boards.straightdope.com/u/Helena330)\ **Post date:** [March 21, 2018, 6:00pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/62 "2018-03-21T18:00:24Z")
IANAL, but the charge of assault seems to require intention. This was an accident. Certainly, it was annoying and unavoidable, but then, most accidents are. > **[assault](https://www.law.cornell.edu/wex/assault)** ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [March 21, 2018, 6:02pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/63 "2018-03-21T18:02:02Z")
> [@Broomstick](#): > > Yes, there may be some exaggeration, but given Annie only has one usable hand, was significantly smaller than the other person, and does appear to have been injured in her sole usable hand the officer involved might have had some sympathy for her. Where does one draw the line between exaggeration/fabricating/lying? ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [March 21, 2018, 6:08pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/64 "2018-03-21T18:08:45Z")
> [@Helena330](#): > > IANAL, but the charge of assault seems to require intention. This was an accident. Certainly, it was annoying and unavoidable, but then, most accidents are. > > [assault | Wex | US Law | LII / Legal Information Institute](https://www.law.cornell.edu/wex/assault) Maybe _depraved indifference_? It’s my favorite legal concept. If I ever get sent upstate, I can only pray that _depraved indifference_ appears on my rap sheet. ETA: “Man, that **kayaker**. He’s a pretty good dude, except for the occasional episode of _depraved indifference_.” ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [March 21, 2018, 6:12pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/65 "2018-03-21T18:12:52Z")
> [@D\_Anconia](#): > > Where does one draw the line between exaggeration/fabricating/lying? You drew two of them just swell. Draw them after the “n” in “exaggeration” and after the “g” in “fabricating”. HTH! ---
**Author:** ![expectopatronum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/expectopatronum/32/173_2.png) [@expectopatronum](https://boards.straightdope.com/u/expectopatronum)\ **Post date:** [March 21, 2018, 7:28pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/66 "2018-03-21T19:28:47Z")
> [@Broomstick](#): > > I’m not the “cyberbully” here, friend. > > Yes, there may be some exaggeration, but given Annie only has one usable hand, was significantly smaller than the other person, and does appear to have been injured in her sole usable hand the officer involved might have had some sympathy for her. If the other party got confrontational with the officer rather than admitting they did a stupid, negligent thing I could see something like those charges, even if the officer didn’t expect anything to really come of them. People who are so wrapped up in their phones they aren’t paying attention to the world around them do cause accidents and do fuck up other peoples’ lives - if this dork had wandered in front of a car and been injured or killed do you think that would have no effect on the driver? How about knocking a toddler into something hazardous? Some elderly person with fragile bones being knocked down and breaking something? > > Yes, it’s easy to laugh this off as not serious, or accuse the OP of lying (something some posters are all too ready to do, and that rises to the level of bullying too often) but something that seems no big deal at first can wind up life-changing. And given just how careless/stupid people who can’t take their eyes off their phone can be, I don’t have a problem with treating these incidents as serious breaches of responsibility. First of all, I never called you a cyberbully. i called you a cyberbully victim by proxy. Meaning you seem to be rushing to perceive Annie as being a victim of cyberbullying, and by rushing to her defense, you’re a victim by proxy. Clearer? Second, are you implying there is cyberbullying going on in this thread? All I see is some perfectly civil requests for clarification about a situation that doesn’t seem to add up. I along with many others expressed regrets that Annie was injured. Third, of course much worse things can and have happened due to distracted driving, texting, etc. However, that wasn’t the case here. Sometimes things happen that are in the grand scheme of things not that big of a deal, and that’s ok, you know? Yes, people are so self absorbed and wrapped up in their phones and sometimes that kills people and etc. But not every incident has to be life altering. We can speculate until the cows come home about the various horrific things that could have happened but what matters at the end of the day is what did happen, and how we handle it. I’d still like Annie to come in and clarify some things if she is willing. ---
**Author:** ![gigi](https://avatars.discourse-cdn.com/v4/letter/g/a587f6/32.png) [@gigi](https://boards.straightdope.com/u/gigi)\ **Post date:** [March 21, 2018, 7:56pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/67 "2018-03-21T19:56:45Z")
> [@Stranger\_On\_A\_Train](#): > > That isn‘t what the o.p. described. In her words:This is more than just bumping into someone casually. Assuming the o.p has not exaggerated the circumstance or injuries, this would appear to be severe neglegence on the part of the texter and depending on the circumstances I could see a police officer issuing a citation for assault. > > Stranger “Crashing into” someone is what happens when someone trips and it makes them lunge forward. Just walking and texting would be a bump. Tripping and falling into someone can happen with or without any texting involved and it’s not assault. ---
**Author:** ![chizzuk](https://avatars.discourse-cdn.com/v4/letter/c/e36b37/32.png) [@chizzuk](https://boards.straightdope.com/u/chizzuk)\ **Post date:** [March 21, 2018, 8:01pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/68 "2018-03-21T20:01:24Z")
Does self-injury count? I was walking and texting and fell off a curb (thankfully not into traffic) because I was too busy staring at my phone to pay attention to where I was stepping. Scraped up both lower legs and the palms of my hands. Learned a lesson, though! ---
**Author:** ![Living\_Well\_Is\_Best\_Revenge](https://avatars.discourse-cdn.com/v4/letter/l/6bbea6/32.png) [@Living\_Well\_Is\_Best\_Revenge](https://boards.straightdope.com/u/Living_Well_Is_Best_Revenge)\ **Post date:** [March 21, 2018, 8:51pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/69 "2018-03-21T20:51:04Z")
I was walking my dog once and trying to respond to a text. I walked into a streetlight in front of a bunch of high school girls. That was embarrassing! ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [March 21, 2018, 9:46pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/70 "2018-03-21T21:46:49Z")
People are acting like this is a new thing. What about the kid who would amble along plugged into his walkman while he was crossing the street? Or hell, my grandmother, who probably never even touched a cellphone in her life, used to ram her buggy through the grocery store, completely oblivious to all around her. People have been doing this kind of thing since time began. Shit happens, it was an accident. It sucks for **Annie** , but it wasn’t a crime. (And can we not compare this to driving? They’re two completely different things. For one, you don’t need a license to freaking _walk_ down the street) ---
**Author:** ![F.U.Shakespeare](https://avatars.discourse-cdn.com/v4/letter/f/aca169/32.png) [@F.U.Shakespeare](https://boards.straightdope.com/u/F.U.Shakespeare)\ **Post date:** [March 22, 2018, 1:15am UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/71 "2018-03-22T01:15:39Z")
I wasn’t injured, but a few years ago, a car rear-ended me, almost certainly because the driver was using his cell phone. I had been turning right from a 30-MPH street into a strip mall entrance, after putting on my turn signal. The driver got out of his car with the phone in his hand. In his defense, he was very honest and admitted fault (without actually saying he’d been on his phone). He was very concerned about whether I was hurt. He was a gentleman. FWIW, so was I - I repeatedly said I was OK. His insurance paid for the minor damage to my car. But, hey, hang up and drive. ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [March 22, 2018, 1:17pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/72 "2018-03-22T13:17:06Z")
Okay. I said the texter was being charged with assault. I have two messed up knees and my right arm was swollen and bruised from my wrist half way up to my elbow. My left wrist bone was snapped off years ago, and I am considered disabled because of it. The buy was very large, I was looking in the other direction and he hit me, causing me to fly and then crash. I’ve heard that texting while walking is now against the law in Florida. GOOD! Kiddies, do not text and walk. ---
**Author:** ![raventhief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/raventhief/32/4_2.png) [@raventhief](https://boards.straightdope.com/u/raventhief)\ **Post date:** [March 22, 2018, 1:38pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/73 "2018-03-22T13:38:55Z")
> [@Annie-Xmas](#): > > Okay. I said the texter was being charged with assault. I have two messed up knees and my right arm was swollen and bruised from my wrist half way up to my elbow. My left wrist bone was snapped off years ago, and I am considered disabled because of it. The buy was very large, I was looking in the other direction and he hit me, causing me to fly and then crash. > > I’ve heard that texting while walking is now against the law in Florida. GOOD! > > Kiddies, do not text and walk. If he had been walking and talking to a friend walking next to him, with the same result, do you think he would have charged with assault? ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [March 22, 2018, 2:00pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/74 "2018-03-22T14:00:32Z")
> [@Annie-Xmas](#): > > Okay. I said the texter was being charged with assault. I have two messed up knees and my right arm was swollen and bruised from my wrist half way up to my elbow. My left wrist bone was snapped off years ago, and I am considered disabled because of it. The buy was very large, **I was looking in the other direction and he hit me** , causing me to\*\* fly and then crash\*\*. > > … emph mine. So it was really your fault then? You not paying attention and all. I put you 50% at fault for the accident, same as if you were driving while ignoring your surroundings. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [March 22, 2018, 2:00pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/75 "2018-03-22T14:00:48Z")
IMO whether or not he would have he should have. Injuring other people because you’re oblivious to your surroundings is a preventable accident. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [March 22, 2018, 2:14pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/76 "2018-03-22T14:14:33Z")
> [@Morgenstern](#): > > emph mine. > > So it was really your fault then? You not paying attention and all. I put you 50% at fault for the accident, same as if you were driving while ignoring your surroundings. WTH? She was standing still at a bus stop. She can only look in one direction at a time. ---
**Author:** ![raventhief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/raventhief/32/4_2.png) [@raventhief](https://boards.straightdope.com/u/raventhief)\ **Post date:** [March 22, 2018, 2:35pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/77 "2018-03-22T14:35:09Z")
> [@Broomstick](#): > > IMO whether or not he would have he should have. Injuring other people because you’re oblivious to your surroundings is a preventable accident. Assault just seems like a serious charge for a “preventable accident.” ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [March 22, 2018, 2:41pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/78 "2018-03-22T14:41:14Z")
> [@muldoonthief](#): > > WTH? She was standing still at a bus stop. She can only look in one direction at a time. So can drivers, yet we manage to avoid being hit all the time by being attentive to our environment. We pay attention because we know the world is full of careless idiots. No Mens rea. No assault case. Oh, and cops don’t choose the charges, they recommend them. And cops arresting for a misdemeanor not committed in their presence? Okay. Look at her comment “casued me to fly and crash.” A 200 lb. guy hitting a 100 pound woman hard enough to make her _fly and crash_, as opposed to “fell” is an exercise in physics. As I see it, he would have had to be walking about what, 25 mph to do that, and even then it would have been a short flight. :rolleyes: Snapping off a wrist bone? How the fuk do you snap off a wrist bone? They are little tiny shits not prone to snapping off. ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [March 22, 2018, 2:43pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/79 "2018-03-22T14:43:41Z")
> [@raventhief](#): > > Assault just seems like a serious charge for a “preventable accident.” No Mens rea, no cop would ever arrest for assault because intent is an element. It’s a necessary element in order to prove the crime. Someone is confused about what the cops said here. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [March 22, 2018, 2:44pm UTC](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883/80 "2018-03-22T14:44:09Z")
> [@Morgenstern](#): > > So can drivers, yet we manage to avoid being hit all the time by being attentive to our environment. We pay attention because we know the world is full of careless idiots. > > No Mens rea. No assault case. Oh, and cops don’t choose the charges, they recommend them. And cops arresting for a misdemeanor not committed in their presence? Okay. > > Look at her comment “casued me to fly and crash.” A 200 lb. guy hitting a 100 pound woman hard enough to make her _fly and crash_, as opposed to “fell” is an exercise in physics. As I see it, he would have had to be walking about what, 25 mph to do that, and even then it would have been a short flight. :rolleyes: > > Snapping off a wrist bone? How the fuk do you snap off a wrist bone? They are little tiny shits not prone to snapping off. All I’m saying is that if you’re standing still in a place where it’s reasonable to do so, like a bus stop, and someone walks into you from behind, you’re 0% at fault for the collision. I make no comment on anything else regarding the injury, the flying, the arrest, etc. [Previous page](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883.md?page=3) [Next page](https://boards.straightdope.com/t/so-who-has-been-injured-by-a-texter/810883.md?page=5)