Originally Posted by Bikepacker67
Ohh come on Skanking Biker, surely keeping your eyes OFF the road for extended periods (more than 3 seconds), while you travel 70 feet per second constitutes recklessness.
At least to anyone with a brain. Put it this way... would a normal driver feel their life was in danger if they where going 45mph with a blindfold on for the time that little Jenny was downloading her ringtone?
It depends - there is a difference, under the law, between negligence and recklessness.
Negligence is failure to act with the prudence that a reasonable person would exercise under the same circumstances.
Recklessness is wanton disregard for the dangers of a situation.
So basically, if she didn't observe any obvious danger from her actions, ie. traffic in close enough proximity that she might run into, she was merely negligent.
That's the way the law works, dude...words and their interpretation. While you or I might agree that she was reckless for taking her eyes off the road at all, proving it in a court is an entirely different animal.