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Will a 'textalyzer' resolve questions of fault in accident cases?

Distracted driving, particularly texting while driving, remains a national problem even with a majority of states enacting laws banning the practice. It appears that even with these laws in place, people continue to use their cell phones to communicate while on streets and highways.

This may be due to the difficulty in enforcing such laws. In many jurisdictions, texting and driving is only actionable as a secondary offense (meaning that another primary offense must be cited before the texting violation is considered). Regardless, a new piece of technology is in the works to help combat distracted driving. 

Enter the textalyzer, which is a take on the breathalyzer which detects the alcohol concentration a driver has. The textalyzer will allow authorities to discover whether a driver had been texting, emailing or using certain applications before a crash.

Indeed, the device is months away from being ready for police agencies, but civil liberties groups are already concerned about how police may use it and whether constitutional protections may be violated.

But for accident investigators, such a device would be very helpful in determining who is at fault in an accident. After all, a driver who breaches the duty to use reasonable care while behind the wheel by texting and driving can be held liable for the injuries and property damage caused in a crash.

If you have been injured in an accident caused by a distracted driver, an experienced personal injury attorney can advise you of your rights and options.

The preceding is not legal advice. 

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Kujawski Marcus, LLC - Attorney At Law