By Sarah Koch, Deirdre Cohen and Nina Tyler
Rock Center
Dave Muslovski’s family could not have been more proud. The 55-year-old businessman was determined to lose 100 pounds as he neared retirement, and he wound up blowing right past that goal.
“Nine miles every morning and nine miles every night. Eighteen miles a day, and in nine months, [he] lost 165 pounds,” said a beaming Tina Yanssens, Muslovski’s daughter.
But one morning in 2010, when Muslovski was on his morning walk along a highway near Youngstown, Ohio, he was hit by 19-year-old driver Whitney Yaeger. Muslovski was rushed to the hospital, but he died from severe internal injuries later that day.
A week later, the family learned the cause of the accident that killed Muslovski: texting and driving.
“[W]e got a phone call from the local media, wanting our response to the fact that the young girl had just admitted that she was texting and driving. And quite frankly, we hadn't known up to that point. We just assumed that it was a standard traffic accident,” said Yanssens.
►Go behind the wheel of a texting and driving simulation
Yaeger said she hadn’t seen Muslovski walking in his reflective gear that morning because she took her eyes off the road to look at her cell phone for a full 10 seconds. Texting and driving was not against the law in Ohio at the time, and Yaeger was charged with misdemeanor vehicular homicide. She was sentenced to just 45 days in jail.
At her sentencing Yaeger sobbed as she told the court, “I realize the severity of the incident and I think about the victim’s families pain everyday. I would do everything in my power to do that morning over.”
Yaeger declined NBC News’ request for an interview. In a letter to NBC News, Yaeger’s lawyer, John Juhasz, noted that she is speaking to schools about the dangers of texting and driving, not only because the judge ordered it, but also because she wants to prevent other similar accidents.
The family was devastated by Yaeger’s sentence and lobbied to help bring about a change to Ohio’s laws. In Ohio, a new law banning texting and driving went into effect in August 2012. Texting while driving is now illegal for all drivers in 39 states, including Ohio but many experts say the laws don't go nearly far enough.
“People are getting a slap on the wrist for this,” said Jennifer Smith, an advocate for laws against texting and driving. “And who knows how many cases we don’t even know about because people aren’t admitting it and we’re not checking the cell phone records.”
►Take Our Poll: How often do you text and drive?
Smith and other advocates argue that texting and driving--like drinking and driving--is a dangerous choice and should be punished more severely.
“In drunk driving cases you see normal sentences anywhere from two to 15 years and up. With texting and driving, you can see virtually no punishment, to a few days in jail, up to 30 days,” Smith said. “And in a few cases there's been one, two years.”
Research suggests that texting while driving is six to eight times as dangerous as drunk driving.
“If driving drunk is a 400 percent increase in crash risk texting's been shown to be possibly a 2,300 percent increase in crash risk,” Kansas University cognitive psychology professor Paul Atchley said. “You have to have your hands on a device and not on the wheel. You have to have your eyes off of the road and on this device. And you have to think about it because speaking, constructing speech even though you're typing it out, is a hard thing for the brain to do.”
Muslovski’s daughter echoes that sentiment.
“It [texting and driving vs. drunk driving] has the same end result, but the consequences are so very different because our legislation hasn't caught up with the technology,” Yanssens said.
Muslovski’s wife, Denise, says it is still difficult to face the reality that her husband of 36 years is no longer here.
“It did not need to be. Just keep your eyes on the road, your hands on the wheel,” she said. “He lost his life. He didn't deserve that. He worked hard every day of his life, planning for a wonderful retirement that he never had the chance to have, not one day. My life is forever changed.”
►Go behind the wheel of a texting and driving simulation
Editor’s Note: Tune into Rock Center with Brian Williams on Thursday, Jan. 10, at 10pm/9CDT for Kate Snow’s full report.
Leave a Comment:
What is so important that you'd rather look down at your phone to type out a message instead of calling that person via your Bluetooth ear piece or simply waiting for a red light?
There should be a button you can push while you're driving so that if someone calls or texts it automatically replies that you are driving and you will reply when you your done.....maybe have an emergency option that will alert you to pull over and check the message if it's that important.
JFC... I have a Win 8 phone that connects to my car via Bluetooth and reads any incoming texts to me through the car speakers. I can respond using voice recognition and speech to text. I don't have to pull over or look at my phone.
JFC They do have apps that do that. It's whether or not people actually use them that makes them work.
While operating a vehicle, any phone/text/makeup application, etc., use which requires your attention and concentration to be engaged in any other manner of sustained distraction is dangerous.
Period.
Part of the issue is that people, especially youth, don't realize how dangerous driving actually is because it is part of every day life. Picture yourself flying out of a canon at 30-70 mph with the ability to steer and avoid objects, would you look away from where you're going to read a text?
Car manufacturers should put a device in automobiles the block cell phone reception but still give them the capability to call 911, Devices already exhist that do just that, block cell phone reception.
As far as I am concerned, anyone who is texting and driving who kills someone should be charged with negligent homicide. They made a conscious decision to send a text instead of paying attention to driving their car. This is a willful act where the risks are well known. While you can not charge them with murder because there was no intent, they are still guilty of killing someone through a conscious, negligent act where the risk of injuring or killing someone is pretty well established. Maybe if the sentence was steeper people would think twice before taking such a stupid risk.
JS - The Legislature could also define texting while driving as gross negligence, which could give the victims a better chance at a fair recovery from the negligent driver in a civil suit. For stronger criminal penalties, one might define texting while triving as "wanton and reckless" which would place it in the category of second degree ("depraved heart") murder. The intent to do the act (texting while driving) substitutes for the intent to kill, based upon the knowledge that doing the act (texting) willfully exposes others to the risk of death.
I'd say wreckless driving at best with a 2-3 license suspension.
She took someone's life!
YEt more importantly I am curious why so many Ohio Parents have yet to teach their children the differences of RIGHT AND WRONG? Appears to be severely unruly and disrespectful kids in Ohio these days----so I am forced to wonder where are their parents?
Can't help but notice that all of these slap on the wrist "punishments" are for young, white females. wonder what a young black woman would have received?
nothing, if you're going to drive someplace, put the phone up. call or text the people that you're on your way and will see them when you get there. but least I forget, nowadays, you've got to talk or text with them until you get there, just in case you miss something. texting while driving should have the same penalties as DUI.
They have apps nowadays that will respond to text messages that you are currently driving and will respond when you reach your destination. However, you are right people are so afraid they will miss something in the 10/15 minutes it takes them to reach their destination that they absolutely must check their texts and will not activate these apps. It's a shame.
It's a social problem as well. I know people that when I don't respond to their text in less than 2 min start sending text after text. Drives me crazy when I'm driving.
So many lives ruined. The victim's family and the girl who killed him will be forever changed. I'm sure nobody intends to hurt or kill anyone when they play with their phone/radio/GPS/child, etc while driving, but a lot can happen in 10 seconds while travelling 60mph.
Alot of damage can happen in just the blink of an eye-----turn you damn phone off when behind the wheel of a vehicle-----your selfishness endangers too many others!
I see people of every age (and gender) texting almost every time I drive my car. They really scare the hell out of me. if you honk because they drift in to your lane, they flip you off. I wish there was a way of reporting them. If it is that important, park or pull off to the side of the road to send your all important message. I wish they would require that all cell phones get turned off while in the car. Surely they can live without them for a while. People who fly have to do it for hours at a time.
We gotta thin our #s out somehow, shame for the victim's family but it had to end sometime.
Now execute the driver.
That's 2 less... just lanes opening up on the highway.
Step up chuckle head, you can walk out in traffic we won't miss you.
Um...I have been on planes where there were people texting. They dont care about the dangers it can cause...like taking everyone's life. Till there are harsh punishments. Nobody will care.
Yes, except texting on a plane is absolutely no threat to anyone, anywhere, ever.
Ur-a... ok 'just saying 08.' Whatever you say! Unless it's the pilot texting... while taking off or landing... I think we're ok.
I watched a news segment where ABC(I think) tested how cell phones effect planes, they spent over 300 hours flying all over America on a private Boeing and testing cell phones. They weren't able to cause any harm or electronic malfunctions, and they had reception for less than 1% during all those hours of flight all over America... which raises questions about flight 93.
There is plenty of evidence that shows that texting while driving is about the same as having several drinks. Odd that MAD hasn't taken this one up... but maybe that's because all those MAD moms are texting each other while they're driving.
Anyone causing an accident while texting and driving should be prosecuted EXACTLY as harshly as someone driving under the influence. The driver has willfully abrogated taking reasonable care, and is just as culpable. Anyone who says otherwise won't admit this obvious truth, and are likely among those who engage in this unbelievably selfish, dangerous and dumb behavior. I make it a habit to help protect our roads and I humiliate and even intimidate these worthless d-bag texters every chance I get - funny how they shrink like the little daffodils they are when confronted by a very angry, very real man. If you text and drive, you are just as much a lowlife as any drunk driver. And now you have been told. No more excuses - just humiliation at the hands of the intelligent sector of society.
MF
This MF made your mother holler last night. Took her up the arse, she took a dump, and you have a baby brother now. Looks and smells just like you.
Just hang the family members of the victims. Mess with my freedoms and I will mess with you!
My guess is you aren't man enough to mess with anyone. Make my day.
'the tenth loyal' you're an idiot. The 'freedom' to text while driving, weighed against the loss of a human life... The victim in this story was 'free' to ride his bike without being plowed into by a distracted driver... think before you type... dummy.
Grow up Tenth.
Tenth Loyal you just proved that you are complete Donkey who only shows his tall end.
All I can say is IF someone hits me while they are texting.......they better pray to GOD they hit me hard enough I cant get out of my truck grrrrrrrrrrrr
It's out there: Cellcontrol.com. Get it for your kids and yourself. Save a life today.
SO sick of this crap blaming it on texting it was accident. People have been distracted driving for years, whether they are fussing at their kids, arguing with their wife/husband, changing radio station (as the guy that totaled my car was doing), trying to do their make-up.. Sorry for the families loss but it can not and should not be compared to drunk driving...
Bull @!$%# I see aholes drifting all over the road because they are texting. Worse is at the light they are texting and the light turns green and you miss the light because of them!!! Get a blue tooth. I love mine.
IF you injure or kill someone while texting, it should be considered a serious felony. This is a no brainer except for low brainers!
But most adults are seasoned drivers who keep an eye on the road----kids and young adults are seriously too selfish and preoccupied with to saying NO to the ding of a text.
Evidently Marine, you must have failed basic training due to your addiction to texting or you would not even think better say what you typed!
One can argue, fuss with kids or change the radio station without taking their eyes off the road. Texting requires looking at the damn phone. Also, there are many more outside "distractions" one must pay attention to nowadays-more cars on the road, more pedestrians, poorly maintained roads and more idiots swerving around because they are texting while driving!
Cops should text back with "ur goin 2 jail lol!!"
Sadly, we live in a society where a significant percentage of the population, mostly but by no means exclusively female, cannot now get into their car without surgically attaching a cell phone to one ear.
When I was in England recently I was warned that if the cops saw me using a phone while driving, it was an on the spot $500 fine.
Cellcontrol is great, but does very little for protecting you from other people on the road not using it. Dangerous driving behaviors not only put the driver doing them at risk, but also everyone else around on the road, which often gets to very significant numbers of people on crowded urban highways, or industrial roadways with heavy truck traffic that cannot respond to road emergencies the way smaller car might be able to.
I don't see any reason to not impose minimum sentences with jail time, and perhaps even license suspensions and required driver safety education, at the convicted driver's expense, of course in order to get a license back. Even for first time offenders.
These are fairly common sentences for DWI's these days, even for first time offenders - and that's just if you get stopped without causing an incident with injuries or fatalities.
Frankly, fines and sentences that do not notably disrupt the lifestyles of people who routinely engage in dangerous behavior will do nothing to reduce that behavior.
texters should suffer the same penalties, fines, and jail time as drunk drivers,,,,
Seems like we need new legislation. If phones were incapable of sending text messages in such rapid succession, these tragedies could be averted. Perhaps we should limit phones to only be able to type one letter per hour, and people wouldn't text while driving any more.
Also, we need to tax text messages, $1.00 per message, and put the money toward highway safety and aid to victims of texting-while-driving accidents. Also, they should be required to buy texting insurance. Text control now!
What's the big deal?
Evidently Frank youo must be too immature to understand!
What's the big deal---a person died a husband and father died because this girl was more interested in her text than her own or another's safety while behind the wheel of moving vehicle, IF you don't think taking another's life due to addictive stupidity of texting then you really don't have a clue of anything that matters in reality---- the real one outside of a convenience machine!
I think it should be mandatory that cell phone records are audited after an accident. We should not be dependent on an admission of guilt. If a call was made or text was sent, there should be a shift in blame and penalties. Mothers texting while driving large SUVs are more of a danger to my family than a drunk driver is. I have been run off the road a couple of times by people texting. Each time, they did not make an attempt to stop and check on anyone. They left the scene of the accident. To me that is more criminal than a person who does not realize they are impaired.
just a bad as drunk driving. should be illegal in any state that has any sense. that would not include SC. no one is that important that they cannot delay a message. driving requires concentration and stay in the right lane unless u r passing. or i guess u can text ur ass off at 10 under the speed limit in the left lane.