California residents should know that in neighboring Nevada, a measure has been proposed that may allow police to use a device called a “textalyzer” to determine if drivers were using their phone prior to a crash. The maker of the device, the Israel-based company Cellebrite, says the device does not access or store personal content. It will check for any user activity, such as if the driver opened a Facebook messenger call screen.
Advocates of the bill say that distracted driving is underreported since drivers can lie to the police about their actions prior to a crash. There is also no consistent police practice for punishing distracted driving, unlike with DUI. Those punishments that do exist are widely considered weak. Advocates say that people feel it is okay to drive distracted because of the lack of social stigma attached to it.
However, groups opposing the proposed bill have brought up privacy concerns. Some say the textalyzer would violate the Fourth Amendment, which protects against unreasonable search and seizure. Also, the measure would require police to obtain a warrant if drivers refuse to have their phones checked. Police can already obtain warrants to access phones, leading some to question the measure’s necessity.
The textalyzer is currently not being used by any law enforcement agencies. If the Nevada legislation passes, the device will enter the field testing stage.
When there is proof that a distracted driver caused a car crash, victims may be able to file a personal injury claim against that driver’s auto insurance company. Before starting, though, victims may want to see a lawyer for a case evaluation. If retained, the lawyer might hire investigators to obtain a copy of the police report and, if applicable, the defendant’s phone records. The lawyer may be able to negotiate for a settlement, litigating if the other side refuses to pay out.