New “Textalyzer” Device to Prove Texting While Driving

Although everyone knows the dangers of texting while driving, the practice continues and people continue to suffer terrible accidents as a result. In accident litigation, one of the challenges is to establish conclusively whether one of the drivers was texting or engaging in other activities on their cell phone at the time of the accident.

When it is established that a driver was working with a smart phone at the time an accident occurred, it makes it much easier to determine that driver’s liability for the accident.

New Technological Developments

According to ABC Action News in Tampa, Florida, new technology has been developed that can determine conclusively whether a driver was texting at the time of an accident.

This device is intended to work much like a breathalyzer, which is what triggered the name “Textalyzer.” The idea is to use this device after an accident to determine when exactly a driver was using a cell phone.

Resistance to the New Tech

Understandably, there is some resistance to using this technology. Most of the resistance is based on privacy concerns. It could be a slippery slope: Today a Textalyzer is used to determine when a smart phone was used; tomorrow it could tell how it was used and what sites a user visited, etc. Or it could be used perhaps to hack into a phone for personal information.

Although there is some resistance due to privacy concerns, no one seems to be concerned with the value of this type of technology for bringing justice to those who cause accidents with their negligent driving.

It will be some time before the Textalyzer is approved for use in civil courts here in Tennessee. But in the meantime, if you have been in an auto accident that you think was caused by the other driver texting and driving, make sure you work with an experienced attorney who can help you establish liability in the other party and obtain the best compensation award possible.

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