Fatal distraction
MOTORISTS OFTEN use cellphones while driving, but if what Craig Bigos told police about the death of 13-year-old Earman Machado is true, the practice can be lethal. Bigos, the driver who allegedly killed Machado, needs to be prosecuted to the full extent of the law, the Legislature needs to reconsider its refusal to ban cellphone use in cars, and motorists need to remember that cellphones and driving are a needlessly distracting combination.
According to his statement to police, Bigos was driving down a narrow road in Taunton just after midnight Thursday, while writing a text message on his phone. He said he never saw Machado, who was riding his bicycle. Bigos apparently was so mesmerized by the texting that he did not realize he had hit the boy until he passed the site the next morning and saw police investigators at work. Texting, with its dependence on hands and eyes, is a particularly severe distraction for a motorist.
On Beacon Hill, legislators are considering a ban on use of cellphones while driving, as imposed in California, New York, New Jersey, Connecticut, Washington state, and the District of Columbia. It's been a hard sell, given the ubiquity and convenience of cellphones and the difficulties of enforcing a ban.
Opponents of such regulation argue that it is impossible to outlaw all distractions, such as children's cries or an adult's conversation, so why single out cellphones? But cellphones by their nature invite concentration on the call instead of the road. Except for the rare emergency call (which should get protection in the law), their use can be put off until the car is at rest. While it's not reasonable to expect overworked police forces to focus on cellphone offenses, a ban - and a public education campaign - could cause many motorists to think twice before texting or dialing. The Legislature shouldn't wait for the next cellphone tragedy on the highways to approve a ban, specifically including text-messaging.
In Taunton, Bigos has been charged with leaving the scene of an accident, operating a motor vehicle with intent to endanger, and driving without a license. Gregg Miliote, spokesman for the Bristol district attorney, said that investigators will be looking at phone-company records to confirm the text messaging. Proof that Bigos was texting would offer strong evidence that he was driving recklessly, and that's a crime whether or not it's abetted by a cellphone.
Bigos has pleaded not guilty and deserves his day in court, but if the evidence holds up, it is important that District Attorney C. Samuel Sutter not allow Bigos to get off with a plea bargain and a light sentence. Cellphones have become part of everyday life. Vigorous prosecution of this case will demonstrate that law enforcement authorities appreciate the danger of these tempting little distractions. 