DALLAS, Texas. If officers stop you for drinking and driving, they can ask you to submit to a breath test. If you have been in a crash with another driver and alcohol is suspected as a contributing factor, police can get a warrant and require the other driver involved to submit to a blood alcohol and blood drug test. Yet, if you’ve been in a crash with a distracted driver, it can be much harder for police to know if the other driver may have been distracted. Until recently, officers have had to use testimony from witnesses, confessions from family and friends texting with negligent parties, and other investigative methods to determine whether distracted driving may have been involved in a crash. All of that may change with the advent of new technology.
It’s known as the textalyzer. According to U.S.A. Today, the device can download the contents of a driver’s phone and determine the driver’s interaction with technology before the accident. Critics of the technology call it an invasion of privacy. Distracted driving victims and their families hail the technology as being potentially game-changing.
For instance, the technology could potentially assist personal injury lawyers seeking damages on behalf of families impacted by distracted drivers. The Law Offices of Robert Gregg are Dallas, Texas accident lawyers who help families seek damages after they have been hurt in a crash. However, without evidence, it can be hard to make a strong case. The textalyzer could make it easier for attorneys to fight for the rights of those whose lives have been negatively affected by texting and driving.
Currently, police can access a person’s phone data after an accident, but only with a search warrant. However, if implied consent laws are applied, it may be possible for officers to use the device whenever they suspect a person has been texting and driving. The Textalyzer reportedly offers police a minute-by-minute account of your online activity, messages, and calls.
Right now, the textalyzer has not been authorized for use, but some states are considering making it against the law for drivers to refuse to hand over their phones if officers pull them over. However, the new technology is not without its critics or those who have concerns. According to CBS News, Governor Cuomo of New York has asked the Governor’s Traffic Safety Committee to consider the constitutional issues that could arise should the new technology be implemented. Privacy advocacy groups warn that the device could violate a person’s civil rights because generally, officers need to have warrants to search a person’s phone.
Despite your stance on the textalyzer, it is clear that texting and driving is a major issue in the U.S. 3,477 people died due to distracted driving in 2015 and thousands more were injured. If you or a loved one was hurt due to the actions of a distracted driver, you may have important rights under the law.