Legislation being considered in New York would give authorities the ability to check a driver’s phone for signs of distraction following any accident and impose fines to those who refuse using what some refer to as a textalyzer.
A bill being considered would authorize the use of a textalyzer device that could analyze a driver’s phone after any accident.
Law enforcement would be allowed to analyze anyone’s phone who had been in any accident. Anyone who refused would face fines like facing fines for refusing a breathalyzer. The idea is an officer could generate a report analyzing if the driver was using their phone at all around the time of the accident and if they were, whether they were using their device hands on, or hands free.
The proposed law would be known as Evan’s law, named for a 19-year-old killed in a car accident that was later found to be because of distracted driving. The driver of the car he had been riding in was texting and driving, but it was months before that was known. Police could check his phone at the time because they needed a warrant to do so.
Officials across the country have been considering measures to cut down on the number of distracted driving accidents and fatalities.
Some privacy advocates have voiced concern over such a law. Many cite the fact that most phones contain a wealth of private and personal information and handing it over would give access to all that our phone contains.
If you were seriously injured in a distracted driving accident, it is crucial to speak with our experienced distracted driving attorneys. Call today for your free, initial consultation.
