THE TEXTALYZER – COPS MAY GET NEW TOOL TO FIGHT TEXTING WHILE DRIVING

THE TEXTALYZER – COPS MAY GET NEW TOOL TO FIGHT TEXTING WHILE DRIVING

Posted on Monday, April 25th, 2016 at 5:21 pm    

If a controversial law is passed in New York, drivers in that state may have to hand their phone over to law enforcement in the event of a car accident.  The officer will use a device being called a “textalyzer” to scan the phone logs to determine if the driver was texting or using the cell phone at the time of the collision. The law will make submitting to a textalyzer part of the “implied consent” law so drivers refusing to hand over their phones will have their driver’s licenses suspended.

The proposed bill is called “Evan’s Law” after 19 year old Evan Lieberman who died in 2011 after a head-on collision with another teenager. The teenager who caused the accident was not criminally charged but Evan’s father sued the driver and discovered he was using his cell phone at the time of the fatal accident.

Does The Textalyzer Violate Constitutional Rights?

People against the law claim that the textalyzer violates constitutional privacy rights because law enforcement officers do not have a warrant to conduct a search of the cell phone. However, those in favor of the law claim it will reduce the number of people killed or injured in accidents caused by distracted drivers by discouraging texting while driving. If drivers know their cell phones are subject to being analyzed by the textalyzer, they will be less likely to text while driving.  They claim that the textalyzer does not violate privacy rights because it only tells police if the driver was texting or using the phone at the time of the crash. In order to obtain detailed logs of calls and messages, a search warrant would still need to be obtained.

Is Texting While Driving A Big Problem In California?

If the textalzyer law passes in New York, other states could follow suit. Texting while driving is a problem throughout the United States, including California. California’s “It’s Not Worth It!” campaign reports that during 2014, 61 percent of drivers surveyed admitted they had been hit or nearly hit by a driver who was texting or talking on a cell phone. During 2013, over 426,000 handheld cell phone and texting convictions were recorded with 57,000 tickets being issued in April alone.

Texting while driving increases your risk of being involved in an accident by 23 percent. Distracted driving, including texting while driving, is a huge problem with 80 percent of all vehicle crashes being caused by some form of distracted driving. Texting is one of the worst forms of distracted driving because it takes the driver’s hands off the steering wheel, his eyes off the road, and his mind off the task of driving. It is simply not worth the risk and the new textalyzer seeks to make texting while driving even less appealing by making it easier for officers to identify drivers who are breaking the law.

Have You Been Injured By A Texting Driver?

If you have been hurt by someone who was texting while driving, you deserve to be compensated for your injuries.  Because California is not using the textalyzer, an attorney may need to subpoena the phone records of the other driver to prove he or she was texting at the time of the collision.

Contact the Tiemann Law Firm for a free consultation with one of our Sacramento personal injury attorneys.  You can contact us by calling (916) 999-9000 or you can chat with a representative on our website.  We want to help you recover compensation for your losses, damages, and injuries caused by a distracted driver.

Client Testimonials

Elena Basquez
Quote

The Tiemann law Firm has been very good to me ever since I walked in the door. James and Emily have been very responsive and professional and make me feel comfortable when I start to freak out a bit. Accidents can be pretty stressful and I feel like they’ve gone above and beyond. I’m happy that keep me up-to-date on how my case is going. I appreciate that they make me feel like a priority and that they take my case serious. I have already recommend them to a few friends and family members. God forbid I get into another accident, but if I do, I know exactly where to come for help.

Elizabeth Ochoa
Quote

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and their dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Beca Lopez
Quote

Such wonderful experience with Tiemann Law firm. The employees are great, respectful, and kept in contact with me throughout the entire process. I would definitely recommend this firm. Thank you so much for your services!

Tajii Black
Quote

Don’t listen to the bad reviews! My experience with this law firm is unmatched , I always recommend to colleagues and friends and they have not been disappointed either. Great quality people who care about the outcome not just the bottom line

Dawniel Ewing
Quote

I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted updated they responded immediately. They made me feel like they cared. Highly recommend them!

Amy J
Quote

Tiemann Law Firm is a great law firm. The best part is we won and I received a bigger settlement than I thought was possible! They keep in touch and are friendly and easy to talk to. If you want the best settlement for your case,   CALL THESE GUYS!!!

Michael T.
Quote

I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
Quote

The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
Quote

I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
Quote

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B.
Quote

Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had an excellent staff as well.  Highly recommended...

Star Fire
Quote

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of your hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S.
Quote

No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
Quote

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H.
Quote

I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
Quote

Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
Quote

I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!