These days, it is hammered into the minds who are taking driving classes that texting while driving is not only illegal in the majority of the country but also extremely dangerous (I believe there was a study done that concluded it would be safer to be in a car with a drunk driver than someone who was texting). In essence, there is no excuse to continue with phone usage while driving with justification when this knowledge is a well known fact. The family of the victim has more than enough reason to sue the texter.
I believe the family should be allowed to sue the texter, because the texter probably caused the accident, and because of them there was ANOTHER accident. This is why I strongly believe the victim's family should be allowed to sue the texter in the event of an accident... ... ...
We already live in a world that the concept of lawsuits is already overdrawn. We don't need any other reason so give people money they don't need. When the victim dies, their family will have to pay for medical/funeral costs (if the victim is a dependent), but after that there isn't anything that needs to be payed for, especially if the dependent victim dies. If a dependent victim dies, the family basically GAINS money by not having to support someone anymore.
Plus, the texter is already going to jail, so a lawsuit is just adding insult to injury.
The problem with this idea is that it is not the other person's fault. When I get in the car to drive, I put my phone on silent and ignore it until I reach my destination. It is not as if someone is goading me into texting while driving, that decision is 100% up to the driver. Even then, if the other texter knew that the person was driving, they'd more than likely find someone else to text.
Do Not Put Personal Feelings Into This!