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Should Police Be Able to Search Your Phone for Evidence of Texting after a Crash?

Tuesday, January 10, 2017By Richard Alexander

Do you think that the police should be allowed to check your cell phone after a crash to see whether you were texting? Distracted driving plays an increasing role in causing accidents, not only in California, but nationwide. In fact, some states and courts are becoming more aggressive in how they are dealing with this critical public safety issue.

Texting while driving is especially dangerous because it involves all three types of distraction: visual, cognitive, and manual. In 2014, the most recent year for which statistics are available, almost 3,200 people were killed in crashes involving distracted drivers. Here in the Golden state, the California Office of Traffic Safety reports that "80 percent of vehicle crashes involve some sort of driver inattention."

Some governmental entities are moving toward dealing more aggressively with distracted driving. Both New Jersey and Pennsylvania courts have allowed lawsuits to proceed against people who text others who are driving. In other words, in these states, if you text someone while you know they are driving and that person causes a crash due to dealing with your text, some courts will let victims of the crash pursue you in court.

In addition, earlier this year, bills were introduced in both houses of the New York State Legislature to allow the police to use field analysis on mobile phones after crashes. The analysis would be conducted using a device nicknamed the "textalyzer." Although it appears that the textalyzer bill has stalled out in committee, the movement toward such a device is indicative of a trend taking a strong stance against texting and driving.

Distracted drivers who cause crashes should be held responsible for their irresponsible actions. If you were injured in a wreck with a distracted driver, the San Francisco personal injury attorneys at Alexander Law Group, LLP will work with you to procure all possible monetary compensation. Our goal is to help our clients receive proper compensation for their pain and suffering. You can reach one of our San Francisco personal injury attorneys at 888.777.1776. Alternatively, you can use our online contact form and we will get back to you promptly.

While the results that we have obtained in other cases and our clients' testimonials do not guarantee, promise or predict the outcome of your case, we do promise to do our very best for you in your case.

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