The family of deliveryman Tian Sheng Lin, who has been declared brain dead after being struck by a texting teenage driver, says they're not ready to take him off life support yet. His daughter told ABC 7, "I hope he could wake-up because we still need him." But the family's lawyer, whom they hired to sue 19-year-old driver Nechama Rothberger, says the situation looks grim. He told the Daily News, "It would take a miracle, but the family is still hoping for recovery." Though it's no comfort for Lin's family, there is hope that the incident may motivate legislators to enact harsher punishments for drivers too busy texting to pay attention to the road.

On Sunday night, Lin was out delivering Chinese food from his family's restaurant on a motorized scooter. He and Rothberger were both taking the same left turn off Avenue P when she struck him, leaving him with brain and shoulder damage. Rothberger reportedly had a half-written outgoing message on her phone. Currently, drivers caught texting can be fined up to $150, but only if they are caught with a primary offense. Governor Paterson wants to make texting while driving a primary offense, and he said of legislation pending in the Senate, "This bill will take the handcuffs off our law enforcement officers and make our highways safer by allowing officers to observe a violation and immediately issue a summons."

Rothberger's lawyer says she is sorry for the accident and plans to write Lin a letter, but Lin's family thinks that's not enough. His daughter said, "I only ask the police, 'Who fault was that?' And the police tell me a hundred percent the girl's fault." Lin's wife said, "I want justice for my husband."