Despite aggressive efforts to address the problem of distracted driving
across the United States, accidents, injuries, and deaths due to distracted
driving continue to increase, primarily due to the use of wireless devices,
such as cellular phones and GPS units. In fact, in 2013, the
National Highway Traffic Safety Administration (NHTSA) estimated that, at any given moment, more than 660,000 drivers in the
United States are using such devices while behind the wheel.
Research has indicated that a driver using a cell phone is at least as
impaired – and therefore dangerous – as a driver who is legally
Pennsylvania and many other states have made it illegal to text while driving, the
law has proven difficult to enforce, as police officers often find it
difficult to discern and prove that a driver actually was texting.
A solution may be on the horizon. Drawing a parallel with drunk driving
lawmakers in New York have begun to consider deploying a “textalyzer” to aid law enforcement in effectively utilizing distracted driving laws
already on the books.
According to the
New York Times, this device, which would be issued to officers, would be plugged into
a driver’s phone during a traffic stop and would interface with
its operating system and report whether or not the phone had been recently
used. Again drawing a parallel to DUI enforcement, the textalyzer law
would include an implied consent component which would require drivers
to submit to the textalyzer or risk independent sanctions, including license
Plaintiff’s attorneys frequently face the same issue as police officers
when prosecuting a case involving distracted driving. Text message records
are kept for only a limited time and wireless carriers are notoriously
uncooperative in producing them. A textalyzer law would allow law enforcement
to not only identify distracted drivers but also preserve a record of
their phone use that plaintiff’s attorneys can rely upon when pursuing
compensation for those injured by distracted driving.
Contact Mayerson Law if you have been injured in a Pottstown car accident
If you have been injured by a distracted driver, you need to act quickly.
Even when the other driver was clearly at fault, getting their insurance
company to pay fair compensation can be a challenge. The Pottstown auto
accident lawyers of Mayerson Law now how to deal with insurance companies,
getting fair compensation for our injured clients. Call us today at 610.492.7155 or
reach out to us online to have your case evaluated by a Montgomery County injury lawyer.