December 5, 2023 | Accidents

The rise of smartphones and ‘smart’ technology has meant that you can do more on a single device than you could in the past. Smart technology has also meant that you can connect to various devices and equipment around you ranging from your TV and Fridge to your car. This has allowed for increased personalization and the ability to remain connected no matter where you are. However, increased connectivity, especially with your vehicle could spell disaster especially for drivers that text and drive. Below we explore the dangers of texting and driving and why it’s an especially bad idea with the rise of smart car technology.

Distracted Driving on the Rise

Distracted driving is on the rise throughout the country. According to the National Highway Traffic Safety Administration, 3,142 people in the country lost their lives in 2019 as a result of accidents caused by distracted drivers. According to reports by The Centers for Disease Control and Prevention (CDC) approximately 9 people die and thousands more sustain injuries daily in motor vehicle accidents involving distracted drivers.

While there are various distractions that contribute to these statistics, texting while driving remains the primary culprit. This has led to many jurisdictions enacting strict laws against this practice. The legal consequences of texting and driving include fines, license points and in some instances criminal charges.

It has always been quite challenging for victims to prove that drivers were indeed texting while driving and that this was the cause of the accident. However, this is changing. The rise of smart car technology and increased connectivity means that data collection has become easier. It also means that your data can be accessed and the information used in court as evidence against you.

A Technological Minefield

Modern vehicles come equipped with an array of smart technology including infotainment systems, microphones, cameras and sensors. Car manufacturers include this wide array of technology for safety, convenience and entertainment. Features such as automatic emergency braking, collision detection, lane-keeping assistance have helped and continue to help mitigate the impact of human error.

Smart technology is able to provide a better driving experience and enhanced safety through the continuous collection of data. Some common data sources in modern vehicles include:

• Sensors – smart cars are equipped with sensors that actively monitor the vehicle’s surroundings. These sensors can detect obstacles such as pedestrians for example and engage emergency braking to avoid collisions. Sensors within vehicles collect data on the conditions within the vehicle as well as the condition of the driver and other occupants.
• Cameras – modern vehicles come with an array of integrated cameras to capture visual information. These cameras not only aid in tasks such as lane-keeping and parking but can also provide detailed views of the vehicle’s surroundings as well as document events within the vehicle.
• Infotainment systems – Modern infotainment systems allow drivers to connect their phones and other smart devices with the vehicle. Drivers can play their favorite play list of music, listen to podcasts or even receive phone calls. Infotainment systems can therefore retain a log of phone activities during the drive.

As can be seen from the above, smart cars collect a vast amount of data through various sensors and interconnected systems. This data can prove to be the nail in the coffin if you choose to engage in texting while driving.

How Data From Your Vehicle Can Impact a Texting and Driving Lawsuit

It was recently revealed that infotainment systems in many modern vehicles have been downloading and storing copies of all text messages that are received or sent from smartphones while connected to the system. Ironically, vehicle owners are not able to access their call logs and other communications once downloaded by the systems. However, this data can be accessed by law enforcement if needed.

Is this a breach of privacy? According to the federal court, it isn’t. A class action lawsuit brought against vehicle manufacturers for illegal privacy violations was recently dismissed as a federal judge ruled that it doesn’t meet the required legal threshold for illegal privacy violation. This means that data collected by your vehicle can be used against you in court in the event of a lawsuit. This is especially worrisome since data from your vehicle can provide a detailed timeline of events leading up to the accident. This data can shed light on your behavior and any potential distractions including engaging in texting.

Smart car technology is reshaping the landscape of liability and accountability in the aftermath of an accident. It is providing law enforcement with the data they need to enforce distracted driving laws and is a great reason you should avoid engaging in this dangerous behavior.

If you have been involved in an accident and are not sure what to do next, get in touch with us. We’d be glad to review your case for free and offer legal guidance.

Great Reason Not to Text and Drive