Plea to the governor: Don’t veto texting-while-driving bill
Dave Belton is an airline pilot who serves on the Morgan County school board. He worked very hard to assure passage of a bill banning texting while driving in the aftermath of the death of a college student from his area.
(Update Saturday morning: Belton is en route to South America for his pilot job, but has done four TV appearances in the last 48 hours to create public awareness that the texting bill is in jeopardy. His e-mail list is calling and e-mailing on behalf of the bill and the Facebook page for the legislation grew to over 1,200 people in just a few hours. Supporters are getting out in full force for this bill in the next five days as the governor is likely to act by Thursday. )
He won passage of the bill, but says now the governor may not sign it. Belton said he had a short meeting with Sonny Perdue today, but the governor remains skeptical of the ability to enforce this law, explaining “The issue is whether law enforcement would pull you over for glancing at your cell phone. Were you ‘reading a text’ which is illegal or placing a call which is legal?”
But Belton said the bill’s advocates vetted the bill with the governor’s lawyers. Without the bill, Morgan says it is likely 240 Georgians will die every year in texting-related accidents.
Here is his plea to Sonny Perdue to sign Caleb’s Law:
A bill sits on the governor’s desk that 91 percent of the public supports.
So why doesn’t he sign it?
“Caleb’s Law” was born last Christmas when an 18 student young man from Morgan County accidentally killed himself texting-while-driving. Instead of hushing up their son’s mistake, the brave Sorohan family went public, boldly taking their story to anyone who would listen. When they asked me – a local School Board member – to lobby for a law, I humbly said I would.
Our sad and difficult journey came to apparent fruition when the Senate voted unanimously and the House by a 113-24 margin to pass SB-360 – “Caleb’s Law.” The bi-partisan vote came on the last day of the session, after months of pain-staking work was done to perfect the language. The slain teen’s mother – sitting in the gallery – wept. Her only hope – her sole consolation – was that other mothers wouldn’t have to suffer the way she did.
Her solace was short-lived, however, when she learned the governor may veto the bill she’d fought so hard – and lost so much – to craft.
According to “Car and Driver,” the reaction time of someone TWD is three times worse than when legally drunk. The Department of Transportation claims that TWD causes 1.6 million accidents a year, causing half a million injuries and 6,000 deaths. Literally hundreds of Georgians die every year TWD.
Yet the governor’s office quibbles over “enforceability” issues?
Law enforcement doesn’t get the credit they deserve. They’re professionals. They’re trained to make life and death decisions every day. The idea that their unqualified to handle TWD cases is ludicrous, and frankly insulting.
No bill is perfect. Lawyers vetted this legislation for months. To kill the bill now would be a gross abrogation of the will of the hundreds of citizens all over the state who lobbied for this bill.
It would be a tragedy if the governor killed this bill, because it would literally kill more Georgians. Hundreds more – every year. The statistics prove it.
Law enforcement wants this law. So do cell phone companies. Insurance companies spend millions warning about the alarming statistics. Even lawyers are posting expensive billboards in an effort to stop this deadly epidemic.
Infinitely more important: mothers want this law.
Dave Belton (R), Board of Education member, Morgan County
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121 comments Add your comment
wow
May 28th, 2010
5:37 pm
We pass a law saying people can keep their roadkill, but we are worrying about vetoing a bill on TWD?…do you know how many students I see fall in the hallway of school when they are WWT? (walking while texting) I dont want to be in the same area code when some of my students take the wheel. If you talk about enforcement, theres a law in the state of GA saying you couldnt have sex with the lights on. Thats “well enforced” Sign the bill and take your kids phone away when they abuse their privileges
I wonder where Georgia’s priorities are these days.
Sally Fields
May 28th, 2010
5:39 pm
I can’t believe people still text and drive. or even tweet and drive! It’s bad enough that people talk on their cell phones while driving! ..
Sally Fields
May 28th, 2010
5:40 pm
I can’t believe people still text and drive, or even tweet while driving! ..
Sally Fields
May 28th, 2010
5:42 pm
I can’t believe people still text and drive!!!
Tyler
May 28th, 2010
5:42 pm
Don’t pass this bill…..My Lord! People take responsibility yourselves.
JasonDawg
May 28th, 2010
5:42 pm
When will all of you out there begging that this bill be signed into law realize that just because the government tells someone they can’t do something doesn’t me they won’t do it.
The bill is a pointless waste of time and money for something that is already technically against the law.
three jack
May 28th, 2010
5:43 pm
wow brings up an interesting dilemma…if you’re texting while running over a deer (or some other road critter), do you still get to keep the roadkill?
DW
May 28th, 2010
5:43 pm
SERIOUSLY?? You now want the govt to go through your phone records for this?? Really??
Boots
May 28th, 2010
5:45 pm
I understand the position of the police. But, here’s a possible solution. Make it against the law to engage in any activity involving a cell phone while the vehicle is in motion. If a police sees you with a cellphone in your hand, gotcha!
jay
May 28th, 2010
5:46 pm
I think it’s funny how ppl think that this bill will magically makes kids not text and drive. This bill is stupid. If you cause an accident because you were texting and driving Ken Nugent will sue your azz. Period! No need for the government on this one. Besides I use my phone for the phone, the camera, pictures, MUSIC in or out of the car, stock quotes, emails, etc. How will an officer deal with all those variables…..
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Stuart
May 28th, 2010
5:50 pm
What the bill should also say is for all drivers to be hands free! That is easier to enforce, however, our morons in congress didn’t think of that.
Allen
May 28th, 2010
5:51 pm
I nearly had four accidents yesterday . . . ALL were related to drivers with a phone held to their ear . . . . . if I were not a defensive driver, there would have been multiple accidents caused by inattentive drivers not fully focused. I support a bill to ban texting while driving . . . and talking on a cell phone, i.e., using one hand to hold receiver to your ear . . . the exception is use of a speaker or other hands-free device. I have been guilty myself and, on numerous occasions, have nearly had an accident due to not being fully focused on driving.
John D
May 28th, 2010
6:05 pm
Ok, this is obviously a tragic situation. But, we do not need politicians telling us not to text while driving. An 18 year old is an adult and should be responsible for their actions. If we were to impose bans on cellphone usage then bans on reading and using make-up while behind the wheel should be included as well. Everyday there are people on the interstate reading novels or applying eyeliner…and you all are worried about cell phones!
travis
May 28th, 2010
6:11 pm
While we’re at it, why don’t we ban listening to the radio, reading the newspaper, putting on makeup, talking to passengers, or even using our GPS systems. I’m sorry, but if Sonny veto’s this bill it will actually be the 1 smart thing he’ll have done while in office. Of course texting while driving isn’t safe or smart, but neither is eating or doing a number of things i listed above. The simple fact is that officers already have the power to pull over drivers if they are seen as driving reckless. I was at a committee meeting when this bill was first introduced and it’s being pushed because the parents of the individual who died can’t come to the realization that their child made a mistake. Bringing government into the picture isn’t going to solve the problem because this law will simply be used as a revenue stream for the state. Texting will continue because enforcement isn’t possible. It boils down to basic education. I was at a committee meeting because I was learning about citizen lobbying and trying to engage as a citizen lobbyists. This group is Lobbyist for Life and Liberty (http://lobbyistsforlifeandliberty.org/). Although they disagreed that the law would be effective and that they believed it would take away from individual freedom, they did submit that if the law had to be passed that all proceeds would go to an education fund and not go to the general fund. However, this language was not included in the final bill. So no matter your personal view on this legislation, for or against, those in power could care less about its effectiveness. They simply want to have the revenue.
Boots
May 28th, 2010
6:15 pm
Enter your comments here
Worried Driver
May 28th, 2010
6:22 pm
Don’t you idiots see it? Texting is bad and not safe. The police and cell phone companies can indeed tell what a person was doing at any point in time. Ticket them. Jail them. It’s insane. Come on, you Rs, this is insane. You must be applying eye liner and that’s why you don’t care. Go ahead. Blow dry your hair, apply make up, read a novel, and kill people. How stupid.
Dvae
May 28th, 2010
6:22 pm
This is what I fail to understand about Atlanta (our Govenor) won’t sign this ban against texting into law, but no Sunday alcohol sales.
You People Are Dummies
May 28th, 2010
6:26 pm
I don’t like Sonny Perdue. But in this case, he’s absolutely correct. Of course, it’s wrong to text while driving. Of course innocent lives are threatened. Of course we need to outlaw it. But enforcing the ban? Good luck, folks. There’s no way a prosecutor can prove that texting while driving was taking place. Good idea, impossible to enforce.
jake's mom
May 28th, 2010
6:29 pm
Honk if you love Jesus. Text while driving if you want to meet him!
Worried Driver
May 28th, 2010
6:30 pm
Yes, a prosecutor can prove you were texting. All they have to do is check with Verizon, AT&T and such. They can tell. Easy fine add ons after the accident…sadly. But I bet Sonny likes his mimosas at lunch on Sunday before 12:30. What a stupid law. My friends from Europe laugh at it each time we depart the Hartsfield Airport on a Sunday morning. I have to agree.
FF
May 28th, 2010
6:30 pm
What would solve the issue of enforceability is banning the use of cell phones while driving. That way, if a cop sees you looking at your cell phone while you’re driving, he has just cause to pull you over. And make the fines stiff. Works in other states. No reason it can’t work here.
Jim Chapman
May 28th, 2010
6:45 pm
Why is there no longer any common sense is this country? This bill is completely removed from any kind of common sense. Face it..you can’t legislate morality, and by the same token you can’t legislate safe driving with the further passage of these inane laws. Let’s stop the insanity, and get back to common sense.
Hmmmmmmm
May 28th, 2010
6:55 pm
Stupid is as Stupid does…… Please stay out of our business……. We DO NOT need another STUPID LAW on the books! People take responsibility for yourselves! We don’t need the government telling us what to do…… Do these politicians have anything BETTER to do than this…. GOOD GRIEF!
I'm a drunk
May 28th, 2010
7:01 pm
but….therefore I can drink a 6 pack and drive safely…(but what if I go through a license check)and the Cobb County cop gets a “boner” and pops me for a DUI…even though I passed the Feild Sobriety Test….I am horrible at texting I have to look at my phone to text…I COULD KILL SOMEBODY…!!!! if I texted while I drove…I’m 42yrs old…I suck at texting…just sayin…
JTex
May 28th, 2010
7:05 pm
“I agree completely that people should not text while they are driving.
We don’t need a law for it. Same with seat belts and helmets.
Take some personal responsibility. If you don’t want your kids to text and drive, teach them not to do it, don’t give them a phone, or don’t give them a car.”
Personal responsibility? Really? Is that the mantra you’re going to spout when some kid plows into your car and cripples you? Because PERSONAL RESPONSIBILITY means JACK to the victims. How about murder? We don’t need laws against murder – how about PERSONAL RESPONSIBILITY!
What an idiot.
JTex
May 28th, 2010
7:07 pm
“you can’t legislate safe driving with the further passage of these inane laws. ”
Um, yes. Yes you can. You can take away the licenses of people who break them. What is inane are people like you who have become so fanatically anti-government that you can’t tell anarchy from freedom. These laws are designed to protect OTHER PEOPLE, not the texting idiot.
Save me from uneducated, stupid idiots.
HR
May 28th, 2010
7:10 pm
Sonny’s to busy building lakes and roads around his land to Sign anything like that.
David C
May 28th, 2010
7:10 pm
This Sunday I’ll text my friends while I’m driving to see if they got any Wine or Beer at their House, if not I’ll stop by a restaurant and have a few drinks and then drive home.
j mida
May 28th, 2010
7:10 pm
He is to stupid to help the people of georgia, if there is nothing in it for him forget about it.
You People Are Dummies
May 28th, 2010
7:14 pm
If you want to save lives, draft a law that prevents weaving in and out of lanes at 70 miles an hour on 285. Semis in the right lane only. THAT’S common sense.
Michael
May 28th, 2010
7:19 pm
What’s with all this incremental criminalization of everything? Just make cellphones illegal and you enforce it by giving $100 to everyone who turns in a cellphone user. Next, make driving illegal.
Jeff in ATL
May 28th, 2010
7:22 pm
In your house, be as stupid as you want. Driving down the road, the state has every right to pass a law like this. I personally think it should be illegal to talk on the phone unless hands-free. If people are too freaking stupid to realize they drive like morons talking on the phone or while texting, yeah, the government should essentially say, “You’re an idiot and can’t do that because you’re a freaking danger to society.”
Rick
May 28th, 2010
7:37 pm
Sonny has been a “do nothing” governor. Georgia needed leadership to handle the problems of illegal aliens and a poor transportation infrastructure. Sonny wasn’t the man for the job, he is not a leader.
Jim Chapman
May 28th, 2010
7:44 pm
I talk on the cell phone and text while I am driving all the time. I was able at one time to drink an alcoholic beverage while driving before they passed the “open container” laws here in this state. I’ve been driving for years while texting, and never had any problems. I never got into wreck because I was texting or entering data in to my GPS. I can’t help it if some idiot got into automobile wreck while texting, and died!! I can’t help it if your little idiot got into wreck, and died!!!! Why must the motorists who can safely text while driving be penalized because of the stupidity and carelessness of others!!! I am sick of these idiotic
laws!!! LEAVE ME ALONE AND LET ME DRIVE IN PEACE!!!!!!!!!!!!!!!!!!!
Tigger
May 28th, 2010
7:55 pm
Does this law apply to law enforcement? Are they banned from texting while driving as well? If not, why not?
Lee
May 28th, 2010
8:02 pm
“A bill sits on the governor’s desk that 91 percent of the public supports.”
Really? I would say perhaps 90% might say that you shouldn’t text and drive, but I hardly think that same 90% want a poorly written, unenforcible law.
There are numerous other activities that are just as distracting as texting. Dialing a number on the cell phone, fiddling with the GPS, changing out a CD, changing songs on an ipod, dropping a lit cigarette, stuffing a McFatty in your mouth, etc, etc. What you going to do, write a law for each one of these activities?
I think not. The governor is correct not to sign this bad piece of legislation.
Look before I leap
May 28th, 2010
8:05 pm
As a former USAF jet jockey, I was TRAINED to multi-task to a degree unknown to most people and I don’t even consider trying to text while I drive. I rarely even talk on my cell phone while driving and then the conversations are incredibly short – “3nd left on Maple then the red house on the left? Got it! See you in 5″ .
Most people seriously overestimate their ability to do something in addition to navigating a vehicle on a busy highway or even multi-task in general. Most people seriously underestimate just how much the brain needs to focus in order to remain a safe driver both in terms of NOT being a danger to others and be able to execute defensive driving skills.
Most vehicle accidents occur in less than a second – meaning that the situation goes from being nominal to complete inability to avoid the accident. One second is just about how much time it took to read the 1st 3 words of this sentence.
I am not a fan of too much government, but since so many people are self-absorbed, self-deluded or just plain clueless, it is clear that something needs to be done.
Perhaps the deterrant lies in upping the stakes in both the vehicle code as well as tort relief:
You cause an accident because you were texting results in:
Loss of license for 6 months
A fine in the thousands of dollars
Increase in your auto-insurance to 5X current rate.
Mandatory liability minimums of $250,000 for 5 years.
Ban on owning or using a cell phone for 18 months.
From a tort perspective, offer the ability to recover 10X actual damages – this alone will exceed most liability limits – the defendant could lose his or her house and savings.
Implied consent when obtaining a driver’s license would expand to include making cell phone records available to the courts and plaintiff’s counsel – no legal trickery to keep this information ‘private’.
Much of the above is already in place when it comes to DUI and perhaps some is covered by reckless driving statutes – but it is incredibly important that the government state unequivocally that driving while texting is:
DANGEROUS and ILLEGAL
and if busted it will cost you big time.
This is an activity that wreaks havoc in terms of property loss, countless injuries and hundreds of lives each year and it is much more preventable than DUI as TWD is not an addiction.
For those who believe this law is difficult to enforce, consider that only 10% of heroin and less than 30% of cocaine is intercepted before arriving in the United States – I suspect that even with those low rates of interdiction, most would not advocate we eliminate drug smuggling laws.
Difficulty in enforcement should not be a barrier to good law.
If caught
Smiling Jack
May 28th, 2010
8:09 pm
Sign the law!
Ted Turner
May 28th, 2010
8:10 pm
Emily, your an idiot. The law in Kennesaw says everyone MUST own a gun, “unless you dont want too”. Thus there is no law to enforce there. Stupid people need to stop having kids. Thats our problem.
dodgin idiots
May 28th, 2010
8:14 pm
D,JD …Governor sign the dadgum bill !!!
Look before I leap
May 28th, 2010
8:15 pm
I was initially thinking that Jim Chapman is in reality, Superman, but then I realized he is just self-deluded and lucky.
I can only hope that he that he removes himself from the human gene pool before he chance to breed.
On the chance that he has in fact found a female stupid enough to mate with him and produce offspring that have opposable thumbs and no tails, I can’t help but wonder if he’d feel the same way if some texting moron took out one of his brats?
Justine
May 28th, 2010
8:23 pm
Here is the way to solve it. Texting is documented with the service provider. Since some dont want to stop doing it here is what should happen. If they are involved in an accident and found to be at fought, there should be 8 points on their license. Yes, I understand there license will be suspended but there are consequences for negative behavior. If there is a faltality then they should be charge with non reducable homicide. If one can text and drive, they can read a book and drive. And we know that is impossible. I have almost been hit at least 5 times by people texting and more than that by people on the telephone. I ajm sick of it.
Steve St.Clair
May 28th, 2010
8:29 pm
Believe it or not…. my wife and I observed a state patrol officer texting while driving. I hope that technology to disengage the phones texting ability while driving will soon be put in place for everyone’s safety.
jonnycash
May 28th, 2010
8:33 pm
This is simple. Just like D.C. no handheld cellphones period, and they do enforce it. I don’t understand why lawmakers are so afraid to do this.
Orlando
May 28th, 2010
8:59 pm
Be careful what you ask for, people. Texting while driving is very dangerous. I’m sorry but this bill is poorly written and should be revised. There is just no way to enforce it as it stands now.
So there you are late for work again or on your way to a job interview (late or just on time). You look down at your radio, phone, Ipod, anything and the next thing you know you are getting pulled over by the cops. What does the officer say? Oh, I thought you were texting. Then you wait another ten minutes while the officer checks your license plate, insurance, and drivers license.
Then, check this out, If you were texting all you have to say is that i was just browsing through my phone or I wanted to call my wife and let her know I was getting off work late. What ’s the officer going to do, make you give him your phone so he can check your text messages? Come on, really? Do you really think that the local police department will subpoena the phone records of every driver that fumbles with their radio? Right! Too much money, time, to find out that I guess that driver was just fumbling with his navigation.
So then you will get pulled over everytime you look down for more than 3 seconds while driving. The police officer says, “well I saw you holding your phone and you were pressing buttons, you must have been texting while driving.” Oh really. So everyone who holds their phone and presses buttons while driving are texting?
Be careful what you ask for people. Trust me, you don’t want law enforcement to be able to stop you and search through your cell phone looking at your personal text messages and private photos everytime you pick up your cell phone and scroll through your contacts or address book (which you still have to do even with a hands-free device).
Police officers are humans too. And we are not living in the John Wayne Hollywood days where you could shoot the gun out of the bad guys hand. We have to be realistic. Nice law and a good message but it threatens violations of the 4th amendment.
I’ve seen people cross over lanes and I drive up next to them to see what their problem is and they are putting on make-up, eating, talking on the phone, reading newspapers, writing, looking in the backseat, just all kinds of stupid stuff. I myself was almost struck by a car while I was in a crosswalk. The driver was scrolling through an IPod. If someone is searching for music on their IPod on their lap how will you tell the difference? Will you waste the money and resources? That’s right, obtaining someone’s personal texts messages will cost. Wait til you get that citation for merely looking at your phone while driving and you have to take a day off from work to go to court and defend yourself or for the court to tell you that they checked your messages and found that your were telling the truth. Oh by the way those sexy messages you exchanged with your husband or wife the day before were kind of cute.
PDawg
May 28th, 2010
9:11 pm
You should have seen the blonde in the Lexus SUV at the 4 way stop at Wieuca/Lake Forrest. She was texting with 3 other cars at the stop. She never could figure out when or whether to go or not. But she never let up on the texting!
I don’t need a law. I just sit on my horn when I see it and it usually either pi$$es them off or scares the hell out of em. It’s great entertainment. But it is scary to see people on 285 at 70MPH and they aren’t even looking at the road. There head is down for 5-10 seconds at a time. Long enough to kill them and or someone else if something happens ahead of them.
Mama Says
May 28th, 2010
9:15 pm
The governor is 100% right.
I have been in law enforcement for 23 years. This bill is not a speeding ticket where you are caught on Radar, it’s not a red light violation where you are caught on the a red light camera or a police dash cam it’s a law that presumes you are guilty of something without any reasonable suspension. Remember that phrase—it’s hot in Arizona right now. Wonder how many of you folks are against the Arizona law which has a legal basis but support a Georgia texting law ? Come
to think of it Arizona could have just passed a texting law and avoided the whole mess.
Anyway,
I will put this in these terms. If you are holding a phone in your hand you will be subject to the police stopping you and taking that phone. You will also continue to pay your provider the monthly fee as the phone sits in a police evidence room. Sounds bad enough right ? $130 a month to Verizon until the police or courts give you your phone back !
Now you may wonder why. The US constitution places limits on searches and seizures right ?
Well due to the constitution the police CANNOT OPEN your phone and look at ANYTHING in it or displayed on it until they get a search warrant (UNLESS YOU WAIVE YOUR RIGHTS). Unless you desire to sit on the side of the road while the officer goes to the courthouse, applies for the search warrant, talks to the judge and then comes back to your car (where you have been waiting) I would suggest you push against the law. You may say this is not true, that you don’t have to sit there that long–Ok if you prefer to leave, he will then take your phone, let you go after he gets all of your information, then he will have to go get a search warrant-open your phone-and then read all of your text in order to see if you really sent one at the time he says you did-if you did, He still puts your phone in evidence, sits down and writes you a ticket- He will drive to your house to issue it (unless you live out of state or out of his jurisdiction-then it will mailed to you) and you can come to court and pay your fine.
All this could be avoided of course if you waive your right against self incrimination and tell him at the road side that he can open it. Then he will still read all of your text and write you a ticket. He will just know sooner rather than later what your wife is going to wear out to dinner that night and maybe even what she is going to have on under it !!!
In order to prove YOU were texting he will STILL keep your phone for evidence until court or your guilty plea. Even if you go to court and pay your fine you will then have to go to the police department to get your phone from their evidence room—–hope you don’t live in Sandy Springs and get stopped for texting in Waycross-cause that’s where your phone will stay, until you GO get it.
This doesn’t even take into consideration the fact that people will plead not guilty. How do you prove that the passenger didn’t just send the text and you were simply deleting it. Is it a anti deleting law ? How about a anti what time is it law (it is displayed on the phone right ?) Maybe it’s a anti stock quote law or better yet what happens if someone text you while you are driving ?, are they now a party to the crime ?, they could be under Ga law. How about this—lets say you are driving and texting—since the police will get your messages to prove it, what if you are texting another driver ? The simple act of a friend texting you that they are driving home could get the police knocking on their door after they read your messages, why ? because they discovered another crime while legally investigating your alleged crime.
This is a reactionary law, it is very unfortunate that lives have been lost to distracted drivers however the law is ridiculously assumptive and is particularly unenforceable. Folks scream about their rights now and police abuse of power- wait until the police can simply say they thought you were texting—–see how many people get pulled over who were not violating the law.
To all you cops out there who think your word is enough for court now a days–you know it isn’t and it hasn’t been since that one a**hole working the beat next to you decided he was the LAW and could do what ever he wanted to—–you know he is out there and you know how he goes about the job of policing, you know what he will do with yet another LEGAL reason to stop people.
Then again you also know that he will skip all that constitutional stuff and just take the phone and read the messages.
There are already enforceable, less intrusive laws on the books—we should simply enforce them.
THIS IS A BAD LAW !!! if it passes you will see why.
By the way while the cop is doing all this over a phone will you feel safe from the real criminals ? Have we got so many cops on the street we can now search out the hardened serial texter ?
Wonder how long it will take the police to get to you after you call for help and your beat officer is investigating a DREADED TEXTING INCIDENT.
Mama Says
May 28th, 2010
9:17 pm
I meant “reasonable suspicion” sorry
BlueDawg
May 28th, 2010
9:25 pm
Personal responsibility has nothing to do with driving, the same applies for personal freedom. Driving an automobile is not a right, it is a privledge, regulated by the government. Just like flying in an airplane. Texting while driving is even more dangerous than drinking while driving and a lot easier to prove. If you don’t want to worry about getting a ticket for texting/reading email/fiddling with GPS/watching movies on your iphone then you have the choice not to drive a motor vehicle. Because chances are you won’t be the person who pays for your mistake, it will be the car you t-boned in an intersection, the pedestrian you clipped or the stopped car you rear-ended.