texting and driving Archives - The Inside Press

Ben Lieberman is a Chappaqua dad like so many others in so many ways. But, he is unlike most in one heartbreakingly distinctive way–he had to bury one of his children.

Seven years ago, the Lieberman family’s lives were forever changed by that phone call we all know as “a parent’s worst nightmare.” Their eldest, 19-year-old college freshman Evan, was being airlifted to the Level 1 regional trauma center of Westchester Medical Center (WMC) in critical condition due to injuries sustained in an automobile crash. Evan had been a passenger–a sleeping, rear-seat, belt-buckled passenger in an early morning car pool commute to a summer job.

The Liebermans immediately rushed to WMC, took up bedside vigil and never left Evan’s side. They slept on air mattresses in the hospital waiting room, and prayed and willed their son to beat the 10% first night survival odds doctors gave him. And Evan responded, fighting long and hard for his life for a solid month. Ultimately, however, he lost his battle, and the Liebermans lost their son and brother.

What do you do when you lose a child? Even in theory, it’s a question that is hard to think about; parents aren’t supposed to bury children, it just doesn’t make sense. Eventually, through a civil suit, the Liebermans gained access to the driver’s cell phone records, and determined that the driver had been texting during the drive and near the collision, Lieberman relayed. The crash happened in a dead cell zone, Lieberman also noted, so it couldn’t be determined either way what the driver’s exact activity was when his car crossed the double yellow line.

Ever since, and to honor Evan’s memory, the Liebermans have dedicated themselves to the dual causes of finding solutions for distracted driving and raising money for Westchester Medical Center.

Educating the Public About Distracted Driving

Combatting distracted driving has been a long, steady push to draw attention to the fact that distracted driving is as big an issue–if not bigger–than drunk driving.

Lieberman partnered with New Castle Town Supervisor Rob Greenstein and Police Chief Charles Ferry to create the “Hands Off the Phone and On the Wheel” initiative. Signs, banners and freely distributed magnets featuring the stopped hand logo (which also signifies the 5-point violation) are visible throughout town.

Lieberman also co-established Distracted Operators Risk Casualties, aka DORCS, –with the front passenger’s mother, Deborah Becker–to help spread the message far and wide that distracted driving causes terrible injuries and takes lives. And he began work with an Israeli phone forensic company, Cellebrite, to develop a device that would enable police to determine whether a driver’s cell phone was being used at the time of an accident. They called the device a Textalyzer for its similarity to the Breathalyzer.

To counter the arguments from various civil liberties groups, Cellebrite even figured out a way to make sure the device simply determines data usage without accessing personal information. In 90 seconds, the technology generates a report that details illegal typing and swiping but also differentiates legal voice activation and Bluetooth.

Pending Legislation for “Evan’s Law”

Lieberman, Greenstein and Ferry met with New York State Senator Terrence Murphy and Assembly Assistant Speaker Felix Ortiz to introduce the device, and to discuss a bipartisan state bill that would make New York the first state to attempt a distracted driving policy solution.

Ortiz, who was instrumental in the 2001 legislation banning the use of handheld devices while driving, stated: “We did a good job in implementing hands-free law; unfortunately, at a crash, the law can’t be enforced without an eyewitness or unlikely confession.” The proposed Textalyzer bill, a solution aptly named “Evan’s Law,” would enable police to examine phones at an accident site using the Textalyzer.

Governor Cuomo directed his Traffic Safety Committee to study the Textalyzer and the bill is pending.

Meanwhile, interest continues to grow and spread nationally, and Lieberman, who testified in Chicago, California, Washington, D.C., was recently honored with the National Highway Traffic Safety Administration Lifesaver’s Award for Public Service at the 2018 Conference in San Antonio Texas.

When not travelling and working to make our roads a safer place for all, Lieberman, together with his wife Debbie, is involved with fundraising for Westchester Medical Center through their now-established non-profit “Evan’s Team.”

According to Lieberman, the fundraising started “almost by accident.” The Liebermans’ many friends all wanted to contribute something, to help in some way; many suggested various events and community gatherings that would keep Evan’s sports- and fun-loving spirit front and center while raising money in his memory. They started with mud-runs, poker nights, dodgeball games (one of Evan’s favorite activities). These events were a hit and filled a need.

And, says Lieberman, “ended up raising real money.” Thus, Evan’s Team was established; its first project, renovating the waiting area of WMC.

Evan’s Team Fundraising Efforts

The family felt fortunate that Evan received excellent medical care, but they found the waiting room areas and experience were lacking in basic necessities. “There was nowhere to sleep, shower, or get a nutritious meal. There was no privacy; doctors and families were discussing the most intimate details of life and care without the dignity of private space.” With the generous funds donated by Evan’s Team, WMC’s Trauma Intensive Care Unit is now able to offer families “The Evan Lieberman Friends and Family Lounge”–a comfortable and dignified space complete with consultation rooms, private sleeping spaces, locker rooms with showers and an always-stocked nutrition center.

Evan’s Team’s grass-roots outings have grown to become a well-sponsored and attended annual event. The local community continues to get involved, and friends who have since moved away return to reminisce and take part. It’s still “all about Evan and something he would have loved,” says Debbie. Golf, tennis, and, of course, Evan’s favorite dodgeball/funball make for a day of play, while the evening is capped by a dinner and much-anticipated car raffle. This year’s car is a 2018 blue Mercedes 4Matic, convertible with a sleek saddle interior. It’s a beauty!

Parked at the top of King Street, in front of Quaker Hill Tavern, the car stands as an invitation to buy a raffle ticket (only 1,000 are sold each year), to join Evan’s Team and support such a worthy cause and to remember that driving is a privilege that requires attention, concentration and respect for the road and other drivers. Money raised from the event will go to Evan’s Team’s latest project–funding Maria Fareri Children’s Hospital’s Child Life and Creative Arts Therapies, dedicated to meeting the unique emotional, developmental and cultural needs of each child and family in their time of crisis.

To learn more about Evan’s Team including the upcoming outing event and car raffle, please visit: www.evansteamny.com

Ben Lieberman speaking at the introduction of Evan’s Law at the State Capitol in Albany. Behind him (left to right) are bi-partisan Bill Sponsors Senator Terrence Murphy (R-Westchester) and Assistant Assembly Speaker Felix Ortiz (D-Brooklyn) along with New Castle Town Supervisor Rob Greenstein.

By Justin Ellick

When it comes to driving, we can all agree that using your phone while behind the wheel is a no-go. Doing so clearly takes the driver’s attention and eyes away from the road. It’s something we know is unsafe, so why do most of us do it so regularly? The danger phone usage presents while driving is obvious enough to society that laws were put in place to prevent it, but those laws have quickly become outdated and most concerning is that those laws are near impossible to enforce.

With the way technology has progressed over the past five to ten years, phones are now so much more than just a way of communicating. Smartphones have taken over the world, and as a result have taken over people’s lives. Most of us can’t go a 15-minute car ride without checking our Instagram or taking a Snapchat. The fact that most people can acknowledge this problem and yet are still offenders, should be enough of a red flag to pursue additional legal action regarding the issue.

After a ten-year decline in auto collisions mainly due to a decrease in drunk driving and better built cars, road fatalities spiked up a staggering 8 percent in 2015. Driver distraction seems the most likely culprit but because police are limited in how they can investigate –the problem remains dramatically underreported and therefore, we remain far away from proper understanding and far away from a viable solution.

Legislators and public health experts are fighting to change a distinctly modern behavior. One man at the forefront of this fight is Ben Lieberman, a resident of Chappaqua, who knows all too well the problems and dangers phone use while driving presents. In June of 2011, Ben’s son Evan was asleep in the back of a car when the driver lost control. Evan, 19, ultimately passed away from the injuries he suffered in the crash. His father spent the next several months in a civil lawsuit trying to retrieve phone records, which eventually showed that the driver, who claimed he had fallen asleep, was texting throughout the drive and moments before the crash. The collision happened in a dead cell area so the exact moment remains controversial.

This is where Ben learned there is very little police protocol in place to examine phones or phone records after a crash. He has been an advocate for driving safety ever since, and has been working tirelessly to get peoples’ hands off the phone and back on the wheel. As a result of this effort, Ben, his wife Debbie, and Deborah Becker (whose son was also a surviving passenger in the crash) have introduced legislation that would essentially start to treat distracted driving like drunken driving in New York State.

The bill, dubbed Evan’s Law in honor of Lieberman’s son, would give police officers at the scene of a crash roadside technology similar to that of the Breathalyzer, allowing them to tap into any operating system in order to check for recent illegal activity on the device (as opposed to legal Bluetooth use) all while avoiding any content. Also, if a passenger were using the driver’s phone, neither person would be penalized.

However, the legislation has raised concerns by privacy organizations. They suggest that phone records can be subpoenaed or a warrant can be obtained to examine the phone. Lieberman understands the concerns but notes that, “Phone records only reveal texting and phone calls which would exclude so many popular activities like social media, selfies and even a common email. Also, a warrant to examine the phone is far more difficult and time consuming to obtain than people could ever imagine. It’s also important to note that a phone can be wiped to original ‘store settings’ long before a warrant arrives.”

“The legislation’s intent is to meticulously respect privacy by emphasizing usage over content,” Lieberman continued, “There’s obviously going to be a kneejerk reaction from people that their phone is being looked at. We want to make sure people understand that such a device would only report how much you’re touching your cellphone, not what your touching it for.”

The technology behind the legislation has been nicknamed The Textalyzer. As for the company that would create such a device, Mr. Lieberman has teamed up with Cellebrite U.S.A., the mobile forensics company that has been reported to have cracked the San Bernardino terrorist’s IPhone when Apple was deadlocked with the FBI. Cellebrite has gone on record that they are confident they can develop the technology. The fact that a highly regarded tech company like Cellebrite vouched for the Textalyzer was huge for the Liebermans when it came to getting politicians behind the bill.

Democratic assemblyman Félix Ortiz, who is a strong supporter and sponsor of Evan’s Law, said that the Textalyzer would not give officers access to the contents of any emails or texts. It would simply give them a way to catch distracted drivers. If a bill like Evan’s law becomes reality, people are going to be more afraid to put their hands on the cellphone,” concluded Ortiz.

Senator Terrence Murphy (R-Westchester) speaking at July 26th Evan’s Team outing to detail progress on the legislation and efforts to curtail distracted driving.

In six short months, Ben and his wife Debbie have made tremendous strides in changing the perspective people have on texting and driving. By bringing Evan’s Law and the Textalyzer technology to the forefront, they’re forcing a conversation hoping that people will realize that not only is distracted driving a destructive behavior but also, that there is very little in place to deter this.

Distracted driving should be taken just as seriously as drunk driving. They are both dangerous, crippling, and without a doubt a killer. But for some strange reason–phone usage is still socially acceptable. If we truly understood the scope of the damage, people would have more urgency. It’s time that distracting drivers are viewed with the same stigma as drunk drivers. Passing of Evan’s Law and the development of the Textalyzer are essential to that process.

Greeley grad Justin Ellick, a sophomore Media and Communications Major at Ursinus College in Philadelphia, is an intern for Inside Chappaqua and Inside Armonk Magazines this summer.