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NSC (National Safety Council) statistics show a dramatic increase in 2016 car crashes after 10 years of decline. It reports that as many as 10,000 Americans were killed in distracted driving crashes last year.  

"We reported on the new technology, textalyzer, in May, 2016 in Textalyzer Bill Under Consideration in New York. As distracted-driving accidents are increasing, we feel it is important to update the blog," said Fort Myers Car Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. 

Textalyzer was designed to combat distracted driving. News2 On Your Side in New York reported on May 10, 2017 that support is growing for the legalization in New York of the textalyzer, and Arizona police departments have begun implementation in some cities. 

What is the textalyzer? 

ABC15 in Arizona reported in late April 2017 that a textalyzer is like a "breathalyzer for the phone." It was the idea of a New York resident after his 19-year-old son was killed in 2011 by a distracted driver. The device can be used by officers if they suspect a violation or crash could have been caused by a distraction. The textalyzer will scan the phone for typing and swiping in 90 seconds without a warrant. 

Using software, according to CNN, officers would connect cell phones to their laptops or other devices and detect only the operating system logs. These logs only provide information about the touch-screen use and whether someone was typing at the time of the violation or crash. 

A University of Utah study found that laws and campaigns have not impacted distracted driving. The study found that unless drivers see more enforcement of distracted-driving laws, realize they could receive stiff penalties if caught, and that distracted driving is just as dangerous as drunk driving, very little will change. 

Controversy continues over the use of textalyzers 

It may seem that the passage of a textalyzer bill would be accepted. However, privacy advocates have already challenged them in court. The reason these advocates say they are challenging the textalyzer use is that the U.S. Supreme Court in 2014 decided that police need a warrant to search cell phones. 

"We seriously doubt that this bill is constitutional," said Lee Tien, a senior staff attorney with the Electronic Frontier Foundation. "A law that essentially requires you to hand over your phone to a cop in a roadside situation without a warrant is a non-starter." 

New York State Senator, Mike Ranzenhofer, who co-sponsored the bill to legalize the textalyzer told News2 On Your Side that he believes the measure could pass the legislature. The bill allows law enforcement to seize phones of all drivers at the scene of a crash to connect them to a textalyzer. If a driver refused, he/she could lose his/her license. Senator Ranzenhofer says the device would not scan the contents of the phone, but it would only determine whether or not a phone was in use at the time of a crash. 

"If you or a loved one has been injured in an accident where distracted driving is suspected, contact the experienced personal injury attorneys at our law firm," said Attorney Spivey.

Fort Myers Car Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney -  the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.