I've survived D.C. area roads and highways for over 50 years without harm or damage, and am almost certainly a better driver than you or anybody you know.
As to building a jail big enough for everybody who ever goes over a white line... You'd have to make it big enough for every truck driver in the world, big enough for the entire populations of all European countries south of Germany, all 20,000,000 illegal immigrants, and pretty much everybody who drives on the D.C. beltway between Springfield and Tysons on any sort of regular basis.
This jogger in all likelihood was running with his back to traffic one or two feet from the edge of the road and the DA is looking to be the next Mike Nifong or Martha Coakley as I mentioned.
Just out of curiousity, how many “free” negligent homicides do I get? Is the number a function of whether the victim could see me coming?
That is the seminal difference: observation.
Those who are distracted aren't observing the flow of traffic, aren't observing pedestrians, bicycles, motorcycles, or objects in their path.
That leads to what are popularly called "accidents", but what are actually in the majority of cases negligent operation of the vehicle.
The cell phone is just another device by which the driver can be distracted from their primary task: operating the vehicle safely.
Both in 4-wheeled vehicles and while operating motorcycles I have on countless occasions avoided collisions by being more observant than those who were supposed to yield the right-of-way or even be driving in the other lane. In the past few years, cell phones have been evident in more than half of those incidents.
It is sad that the runner died, and that the girl is responsible for running him down--regardless of his poor choice of a place to run. Unfortunately, incidents such as this serve as grim reminders that the person behind the wheel is responsible for what they do with their vehicle and the results of those actions, insofar as they can control the outcome through their actions.
What I want to know, is if 'Driver's Education' is still being taught in schools. Maybe that would be time better spent than putting prophylactics on produce.
Since driving well is 99% judgment, you betray that assertion when you say this:
This jogger in all likelihood was running with his back to traffic one or two feet from the edge of the road and the DA is looking to be the next Mike Nifong or Martha Coakley as I mentioned.
If you believe anything this jogger did, short of running directly into the line of traffic, absolves the driver of any of her responsibility, I question your judgment.
When I drive, I consider it my responsibility to keep my car from hitting random stuff (light poles, mail boxes, humans) along the side of the road.
So you're actually trying to argue the case that, because a lot of people do something that's potentially dangerous, it should be accepted and ignored? What about all the a-holes who shoot through red lights unsuccessfully trying to beat them? What about all the a-holes that ride other drivers' rear bumpers on the highway, or who zig back and forth from one lane to another? Who cut you off without even bothering to signal? Suppose their actions injure or kill someone? If you can't hold your car in your lane, slow the F down!