If the years of ads and billboards imploring people not to text or use cellphones and drive didn't have such a minimal effect, then these "statist" laws would not be necessary. The real problem here is the self-absorption and lack of responsibility of those who engage in distracting activities whilst driving. When the only consequences were to the lives of others or to themselves (I can handle texting and driving so I won't cause an accident is their attitude), then we saw an increase in this behavior.
When you introduce real consequences like 5 points on your license and a $150 fine, you certainly think twice about texting, and I know several people who won't text anymore because of the consequences. They still feel they are capable of texting and driving safely, but won't anymore.
I am certainly NOT saying this is the right way to achieve the desired goal of the people around us driving responsibly and with respect for the lives of those around them, but I have yet to see a method in the current state of our society that is at all effective. "Collecting liability from the offenders" does not bring back the thousands of people killed every year by reckless behavior.
With liberty and justice for all...who can afford it.
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