Bill could make establishing negligence easier in distracted driving cases

Distracted driving is a serious problem wherever you go nowadays. The widespread use of mobile devices has made it all too easy for even otherwise responsible drivers to put both themselves and other motorists at risk. States take a variety of approaches to the problem of distracted driving, some stricter than others.

Here in New York, the legislature has banned both texting and the use of handheld devices for all drivers. These are both primary laws, meaning that law enforcement is able to make citations for the offenses without there have been other offenses. Such laws may be helpful in the battle against distracted driving, but they are inherently limited, and must be supplemented with other efforts, including public education on the dangerous of distracted driving.

One of the emerging possibilities in fighting distracted driving is the use of so-called “textalyzer” phone scanners, which are able to tell law enforcement whether a driver was texting at the time of an accident. Lawmakers in New York are currently considering legislation which would make New York the first state where police are using the technology. Privacy concerns remain about the proposal, but supporters say the scanners would not allow officers to have access to motorists’ personal information.

This is certainly a bill to keep an eye on. If passed, it could help not only in law enforcement, but also with establishing negligence when a distracted driver causes an accident. Access to such information would make it easier for distracted driving victims to obtain the compensation they deserve.

Sources:

Distraction.gov, State Laws, April 26, 2016.

Fox News, “Distracted driving clampdown: Cops could get ‘textalyzers’,” James Rogers, April 13, 2016.