In the past several months, distracted driving has been thrust to the forefront of roadway safety. Those motorists who engage their electronic devices are certainly distracted, and they can put others at serious risk of harm. Those who are injured in a car accident caused by such distraction can suffer serious injuries, forcing them to face extensive physical, emotional, and financial damages. Although a personal injury lawsuit may be pursued in hopes of recovering compensation for these damages, victims don't always have the easiest of times proving negligence, especially when the defendant is accused of texting and driving.
However, that may be changing soon. According to reports, a new technological development may give the police the ability to check a driver's phone for recent usage, all within 90 seconds. This device, referred to as a "textalyzer," is already seeing support in New York, as a bill passing through the state legislature may allow it to be put into practice. This could be critical not only in determining the cause of an accident, but also in deterring such negligent driving in the future.
Some individuals, though, claim that the device violates individual's constitutional rights, as it essentially gives the police the authority to conduct a search of an individual's property without a court order. Others, however, say the device would operate like breathalyzer tests, which are impliedly consented to when an individual receives a driver's license.
Although this technology may pave the way for increased roadway safety, the truth of the matter is that its implementation here in Indiana may be far off in the future. This means that, in the meantime, innocent motorists will continue to fall victim to negligent drivers who are too self-absorbed to concern themselves with driving safely. Therefore, those who have been hurt by the negligence of another will need to continue to turn to personal injury lawsuits as a way to impose liability and, hopefully, recover the full extent of their damages.
Source: WTVF News Channel 5, "'Textalyzer' Would Let Police Search Phone Without Warrant," May 1, 2017