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The National Safety Council reports that 1.6 million crashes each year are caused by cell phone use while driving. Nearly 330,000 injuries occur each year from car accidents caused by a driver texting while behind the wheel. New “Textalyzer” technology may help police determine if a driver was texting before a crash.

A company called Cellebrite designed the Textalyzer technology. Their company is geared toward digital intelligence “for a safer world.” The company states that it “empowers law enforcement, military and intelligence, and corporate customers with relevant and defensible digital evidence to build stronger cases and more effective operations.”

Legislatures in various states, including New York, are looking to pass legislation that would allow police to use this new technology to search a driver’s phone for evidence of its use prior to the accident. In theory, the evidence would be gathered at the scene of the accident.

The Textalyzer is a tool in the fight against distracted driving; however, it will face many hurdles before it will be legally allowed and put into the hands of police officers. Critics of the technology are calling it an invasion of privacy. Currently police can get evidence of a phone’s use prior to an accident with a search warrant that allows them to download the data. Or, police may subpoena records from the phone company. The Textalyzer technology would allow law enforcement to gather the evidence at the scene of an accident and without the additional need for a search warrant.

Certainly texting while driving is a problem. While we currently do not have information on whether the Nebraska legislature will explore the use of Textalyzer technology, Nebraska law already prohibits texting while driving. The statute prohibits the use of “handheld wireless communication devices to read a written communication, manually type a written communication, or send a written communication while operating a motor vehicle while in motion.” Neb. Rev. Stat. § 60-6, 179.01.

Were you in an accident caused by a distracted driver?

Distracted drivers who cause accidents should be held responsible for their actions. When you hire an attorney to represent you in your claim, you will gain additional resources to investigate and prosecute your car accident case.  Attorneys can subpoena phone records to reveal whether the driver was texting immediately before the accident. In addition, if you hire an attorney as soon as possible after your accident, you can limit the amount of evidence (digital or otherwise) that is lost as time goes on.

If you were involved in an auto accident in Nebraska that you suspect may have been the result of texting while driving or distracted driving, call our office today (402)558-4900 to schedule a free consultation.  Our compassionate staff is available to help answer your questions and begin the process of seeking justice in your car accident case. Read what our clients have to say about us here.