Injured by a Careless, Texting Driver?
Distracted driving enforcement has always been something that only happens when the driver is caught in the act or admits. However, law enforcement may soon be able to tell if the driver who caused an accident was using a phone at the time of the accident. This may be possible by using the Textalyzer.
Law enforcement has always had access to the breathalyzers, which tells them if a driver’s blood alcohol concentration was over 0.08 percent at the time and if the driver was legally intoxicated. There has never been a device that measures distractions.
New York may be implementing the use of the Textalyzer very soon, especially if the state’s new law passes. No more need for endless courtroom battles to obtain a subpoena for a driver’s phone records. Instead, police can attach the phone with the Textalyzer and see if the driver was in fact distracted at the time of the incident.
The technology will connect to the phone using a laptop or other device and show if the driver was texting or using a touchscreen when the accident occurred. It will still protect the driver’s personal information on the phone, and text message content is not revealed by the device.
About the Law
Known as Evans Law, this law was named after a man who lost his son to a distracted driver. He introduced it to the New York Legislature to permit the use of the Textalyzer by New York police officers. Under the implied consent law, the Textalyzer would work similar to the breathalyzer. Drivers would have implied consent to allow law enforcement to use it. If they refuse, they face license suspension or revocation.
Will the Textalyzer Come to Kentucky?
No one can say for certain if the Textalyzer will come to Kentucky, but many speculate that if the law passes in New York, and they are successful with the Textalyzer in proving distracted driving cases, it is likely that more states – possibly even Kentucky – will use the Textalyzer in their cases, as well.
Proving Distracted Driving is Hard, if Not Impossible
Right now, law enforcement does not have much available to them to help them prove that a driver was distracted at the time of an accident. With a device like the Textalyzer, they would be able to prove that the driver was, in fact, using a phone, which would save the hassle and cost of trying to request cellphone records.
Injured by a Distracted Driver? You Still Have Options – Contact a Law Firm
If you have been involved in an accident with a distracted driver, and you feel that the driver was distracted, there are still ways to prove that he or she was distracted and driving. Contact an injury lawyer immediately to represent your case and help you prove the driver’s negligence.
Contact attorney Seth Gladstein at the Gladstein Law Firm, PLLC today for a free consultation. You can schedule yours now by calling us or request more information through our online contact form.