Russell L. Weaver and Steven Friedland (University of Louisville – Louis D. Brandeis School of Law and Elon University School of Law) have posted Driving While ‘Intexticated’: Texting, Driving, and Punishment (47 Tex. Tech L. Rev. 101 2014-2015) on SSRN.

Here is the abstract:

In this short article, we argue that texting while driving presents a special danger to society for which preventive solutions are needed. Although a variety of societal responses might be possible, and some other (softer) approaches should generally be preferred (e.g., education), since this is a symposium on homicide, it is appropriate to note that there will be situations when a prosecutor might justifiably (and probably should) bring murder or manslaughter charges against a driver whose texting causes a fatal accident. This article outlines the problems associated with texting, explains the legal basis on which homicide charges might be brought, and suggests some less drastic alternatives for dealing with the problem.