Distracted driving is dangerous, with thousands of crashes occurring each year because of people using phones or other electronic devices. Unfortunately, the data on distracted driving crashes may be undercounting the true number of people injured or killed by motorists using their phone. This is because not all drivers admit to texting or talking on the phone at the time of a crash and it can sometimes be hard to convincingly prove that a driver was on his or her electronic device when a collision occurred.
Now, Motherboard reports that a new technology could be coming to New York soon that could give law enforcement officers the ability to tell in real-time whether a driver was texting when he or she was involved in a motor vehicle collision.
The technology, called a textalyzer, could result in more tickets or criminal charges and could also make it easier for victims of car accidents to prove another driver should be held liable because distracted driving was the cause of a collision. New York injury attorneys can help crash victims prove that texting or other distractions caused a crash so victims can get the compensation they need.
The textalyzer technology is described as the digital equivalent of a breathalyzer test used to determine if someone is drunk. It digitally scans a driver’s phone to detect if the phone was being used at the time the motorist was driving. Not only can it tell if someone is texting, but it can also determine if the motorist was using any other apps as he or she was operating the vehicle.
There are some privacy concerns being expressed about the technology, but its inventors and advocates of its use indicate it doesn’t access any personal data — it just reveals whether the phone was being used or not. There are also concerns about whether the use of the textalyzer will identify normal phone operations that are not a violation of distracted driving laws as an impermissible distraction, but textalyzer creators also claim this won’t be an issue.
These concerns need to be addressed because there is a pending New York bill that would actually require drivers to consent to having their phones scanned after an accident. The new road safety bill being proposed is called Evan’s Law and it is named after a 19-year-old who lost his life due to a distracted driving accident in 2011.
If passed, Evan’s law would make it mandatory to submit to the phone scan after a crash and refusal to submit a phone or other personal electronic device for testing could result in the driver’s license or permit being revoked.
If Evan’s Law passes and becomes law, victims of distracted driving collisions will now have powerful new evidence they can use to show that they were harmed by a distracted driver. Rosenberg, Minc, Falkoff & Wolff can help victims use this evidence to make a case for compensation when serious injuries or wrongful death occur in car crashes. Call our office today.