A neighboring state to North Carolina is the source of a new radar gun that detects text messaging. Not yet commercially available, the device developed by tech company ComSonics will detect unique frequencies emitted from mobile devices when they are actively texting.
Texting while driving is illegal in North Carolina.
The new technology, once available, may be an answer to a question our Raleigh car accident attorneys answered: How can you prove someone was texting while driving? For now, some researchers speculate the new texting radar gun will need to prove itself when the time comes for market release.
With speed radar guns, drivers cited with speeding violations may submit pleas to the local court that the radar gun calibration was not accurate. Could the same be true for texting radar guns? Possibly. Mobile devices are constantly emitting and receiving frequencies. The new radar gun technology would need to isolate the particular frequency transmitted when a phone sends texts.
Another factor: Mobile phone use is not uniform. Some people use Apple products, others have phones that are Android-based, and others are not smartphones. Do they all emit the same frequency for text messages?
Another factor similar to speed radar guns is whether the system detected the appropriate driver. Was a vehicle in another lane negligently speeding and an innocent driver assumed as the speeding car? With texting radar guns, could the same be true? And a step further--what if a passenger--or passengers--in a vehicle are texting? How can the radar gun prove that the driver of the vehicle was the individual operating a mobile device? Perhaps this new technology will only be used for single occupant vehicles.
It's still too early to answer the questions above. To stay updated on when this device is released, follow our Raleigh car accident attorneys on Facebook and Twitter @brentadamslaw. If you were involved in an accident where you believe the negligent driver was texting at the time of the accident, contact our lawyers to learn how liability can be established in a distracted driving case.