here is my brief opinion:

While driving you should drive.  Driving does not include talking on the cell, txting, reading the paper, making appointments in a planner, reading said planner, or any one of the other countless things I have seen while on the road. 

That being said, I agree were her being on the cell may or may not have made a difference because she was tailgating as well. 

Just FYI, 46% of all the accidents I have been involved in were caused by people on cells or txting.  30% drunks and the rest were just people in a hurry, or some other reason.  I have been involved in 13 not at fault accidents involving other vehicles, none on the moto thus far [knocks on wood till knuckles bleed].

PS: my insurance is just starting to get where it should be and my wife goes and gets a speeding ticket dammit! 

No I just counter your argument in the same tone becaues we are that the same. And if you think two herniated discs in your back is getting off light you got another thing coming. Also, I said that the accident was my fault and I paid all of my penalties for it!

And also, this may well be a motorcycle forum but I can betcha about 90% of all of us have cars also so that puts us in both situations. I do get a little more irritated when I get cut off on my bike versus my car. But, honestly in my case both can be just as deadly. I drive a convertible and if I flip or another car goes airborne I'm done for. There is always dangers in whatever we do!

One of my accidents occured while on a bicycle when a car came out of the Disney parking lot at 45mph he was in a hurry to get home. Doctor said the dislocated hip wouldn't be a problem then but would come back to haunt me. I didn't sue the guy and now eight years later I'm feeling the accident because my pelvis does not align properly anymore and when I walk at work after two hours I'm in excruciating pain. Guy didn't even get a ticket for it. Or when the tourist cut me off actually striking my bumper I lost control and hit a guard rail, Or the semi truck that lost a retreaded tire that was as long as my little pick up truck was wide hitting my windshield causing loss of control and a roll over. Neither of those two bothered to even stop. So, I think I have been on both the recieving and the giving! I'm not even going to get into getting ran over by a bicycle when I was 12!

I'm sorry but when it's our time to go it's our time to go. I'm not saying to try and speed it up but is it anymore heart breaking for let's say a 25 y/o getting into an accident and dying or having a sudden cardiac arrest in a basketball game in front of your eyes? Bad things happen! I know first hand being an EMT for six years. Try consoling either mother at either scene.

And finally law enforcement has completely gotten rid of the term "accident" anyhow because there is always a cause it just doesn't "happen" something some how someway someway is always at fault!