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If you were aware of what was happening. Smartphones are distracting.

Is there any proof that the guy who died was using a smartphone at the time of the crash?

oops didn't mean to imply that for the driver. meant it to as a meta-comment.

my point was that the driver probably didn't know the crash was about to happen. broader investigation into "why the crash happened" is more fruitful than "what the driver could have done differently once the crash happened"

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