Tian Sheng Lin, the 53-year-old deliveryman struck by texting teen Nechama Rothberger as she was driving down Avenue P Sunday night, has been declared brain dead at Kings County Hospital. Rothberger was charged with misdemeanor reckless driving and using a mobile phone while driving, but at her arraignment last night her lawyer said she "didn't hit him intentionally. It was merely an accident." Oh, well that changes everything! Investigators found a half-written outgoing message on her phone.

Rothberger and Lin, who was riding a motorized scooter, were both attempting to make the same left turn when Rothberger struck Lin, apparently too distracted by her phone to notice what was happening. Lin's family is heartbroken over his brain damage, and his 19-year-old daughter said, "My dad did everything for his family. He always took care of us." Rothberger's lawyer says "she's sorry," and plans to send a letter to Lin in the hospital.

Drivers can be fined up to $150 for texting while driving, but the fine can be imposed only if the driver breaks another law while on the phone.