Needless to say, I disagree with the view that negligence should not be criminalized. A reasonable, responsible, person will not be texting, using the cell phone, or looking for stuff in the car while driving a heavy vehicle that can kill or severely injure other people. I hope lawyers chime in, but when negligence is criminal, I believe it is against some standard of a reasonable person. rear ending someone would not be criminal unless the driver engaged in irresponsible behavior while driving.