It’s no surprise that distracted driving is one of the leading causes of auto accident related injuries and death. And, when you think of distracted driving, texting is likely one of the first things that come to mind.
It’s no wonder that many states have specifically banned texting while driving. Unfortunately, efforts to prevent this have not proven to be so effective.
Case in point:
-Are you guilty of texting while driving?
-Have you texted or emailed while at a stop sign or red light?
-Or, maybe you’ve held your phone at just the right spot so that you can quickly glance between that addicting bright screen and the road?
Odds are that you’ve probably done something of the sort.
Unlike drunk driving, and despite driving laws created to stop texting behind the wheel, it remains (for many) socially acceptable.
So, here’s another reason to drop your phone “like it’s hot” until your drive is complete.
A new law regarding a test called the Textalyzer (yes, a spin on the “Breathalyzer”) has been proposed in the state of New York.
Here’s the skim of it:
A car accident happens. The police officer goes through their normal process of investigating what happened. But now, in addition, the officer asks for all involved drivers to hand over their phones.
The Textalyzer is then used to search for recent activity on the phone – texts, emails, or any other activity not allowed under New York law when driving. This is done by getting into the phone’s operating system.
And…The proposed law states that a driver’s failure to hand over his or her phone could result in a suspended driver’s license.
I know what you’re thinking:
“What about our privacy rights?”
That stands to be a large barrier for the proposed law. Apparently, however, the Textalyzer would not give officers access to any real content of texts and emails identified. Instead, the test would simply identify if there was recent activity on the phone.
This will certainly be an interesting one to watch. Stay tuned!
Baskerville Law LLC
Baskerville Law LLC is an auto accident personal injury law firm dedicated to helping victims of driving negligence and their loved ones. If you or someone you love have been injured in a car accident due to someone else’s negligence or wrongdoing, we’re here to help.