With vehicular accident fatalities rising sharply in recent years (after having fallen for many years), law enforcement soon may be using “textalyzers” to combat texting and other illegal use of cellphones while driving vehicles, just like “breathalyzers” are used to combat driving while under the illegal influence of alcohol. Textalyzers, developed by Cellebrite, analyze whether a driver’s cellphone was used for texting, swiping, etc. around the time of the vehicle accident (without disclosing any of the user’s substantive cell data).

The unexpected recent increase in vehicle crash fatalities documented by the National Highway Traffic and Safety Administration (“NHTSA”) correlates with the increase in texting while driving vehicles indicated by market surveys, social media, and other sources. Lawmakers in New York currently are considering textalyzer legislation, garnering national television, radio, and other media coverage.

Mr. Waterman has handled vehicle accident cases for 35 years. He represents victims of wrongful death, brain injury, and other serious personal injuries.