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New Law Aimed at Preventing Texting While Driving

Torem & Associates

A proposed law in New York may begin a national trend aimed at reducing the number of drivers who text while driving. Texting while driving is one of the most common forms of distracted driving. Distracted driving claims thousands of lives each year across the United States. Texting while driving increases your risk of being involved in a traffic accident by twenty-three percent. However, over three-fourths of all young adults believe they can safely text while driving. If you have been injured by a distracted driver, you already know this is not the case.

Why Does Texting While Driving Cause Accidents?

Texting while driving causes accidents because it takes the driver’s focus off the task of driving. According to Distraction.Gov, distracted driving is any activity that takes the driver’s attention away from driving. Texting is one of the worst forms of distracted driving because it requires the driver to use his or her hands, eyes, and mind to read and/or send a text. This diverts the driver’s visual, manual, and cognitive attention away from the task of driving increasing the driver’s risk of causing an automobile accident.

The number of people texting while driving continues to increase. From 2013 to 2014, the rate of texting while driving and/or using handheld devices increased from 1.7 percent of drivers to 2.2 percent of drivers. Soon, law enforcement may have a valuable tool to discourage drivers from texting while driver.

What Is The Textalyzer?

If New York passes a new law, it will be the first state to use the textalyzer. The textalyzer is named after the breathalyzer because the concept is similar. A breathalyzer tests a person’s blood alcohol content; however, the textalyzer analyzes a driver’s cell phone to determine if it was in use at the time of the automobile accident.

Opponents of the law claim the textalyzer will violate the driver’s constitutional right to privacy. However, those in favor of the law claim that the roadside device would only tell law enforcement if the phone was in use at the time of the collision. Law enforcement would have the option of requesting a warrant to obtain detailed data from the phone. Those against the use of the textalyzer believe it can be abused by law enforcement agencies and/or mistakes will be made that will violate the driver’s rights.

For accident victims who were injured because someone was texting and driving, the textalyzer may help prove fault in automobile accidents. This could be a valuable piece of evidence to ensure injury victims receive the compensation they deserve.

Do You Need A Fresno Car Accident Attorney?

If you have been injured in a motor vehicle accident in Fresno, CA or the surrounding Central California Valley, call Torem & Associates at (888) 500-5000to schedule a free consultation with one of our experienced personal injury lawyers. You may also chat with a representative online or use our convenient online contact form to request additional information. We are here to help you when you need someone to fight for your right to receive a fair and just settlement.


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