Boston Distracted Driving Accident Lawyers

If you’ve been in a car accident caused by someone else, it may be that the driver at fault simply wasn’t watching where they were going. Distracted driving has reached epidemic levels in Massachusetts and throughout the U.S.

According to the National Highway Traffic Safety Administration, driving while distracted caused 3,308 deaths and led to 289,310 injury victims in 2022. Overall, in 2022, distracted drivers played a role in 8% of fatal motor vehicle crashes, 12% of car accidents that led to injuries, and 11% of all vehicle collisions that were reported.

A major cause of distracted driving is the use of cell phones while behind the wheel. The U.S. Department of Transportation estimates that at any given moment during the day, more than 800,000 drivers use handheld cell phones while driving. The Massachusetts Safe Driving Law bans all cell phone use for bus and novice drivers, as well as bans texting for all drivers.

If the driver who caused the accident you were in was a distracted driver, a Boston car accident lawyer from Michael Kelly Injury Lawyers can help you hold them accountable. Contact us today for a free legal consultation about your personal injury claim.

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What Is Distracted Driving?

A distracted driving accident happens when a driver’s attention shifts from safely driving a vehicle. This behavior can be divided into three main types of distractions:

• Visual (not looking at the road)
• Manual (not keeping hands on the wheel)
• Cognitive (not thinking about driving).

These distraction types are often combined. When a driver uses their phone to reply to a text, they’re not just taking their eyes off the road; they’re also using one hand to actually hold the phone. And a driver’s mind is on that message instead of the heavy traffic. In just a couple of seconds, a car could cover a significant length while a driver is basically driving without seeing anything.

Is Texting While Driving Illegal in Massachusetts?

The Massachusetts Hands-Free Law, enacted in 2020, bans sending, typing, or reading electronic messages to or from handheld devices while operating a motor vehicle (unless in hands-free mode). The law prohibits all use of handheld electronic devices by Massachusetts drivers under 18 while behind the wheel.

First-time offenders end up paying a $100 fine. The second time, the fine increases to $250. For any violations after that, it goes up to $500, and offenders must take a distracted driving educational program.

If you suspect that the car driver who caused your accident was texting while driving or using a cell phone or another electronic device in violation of Massachusetts law, we can help you hold them accountable. Our car accident attorneys can obtain a court order compelling the driver to turn over cell phone records and/or access to social media accounts. This may provide evidence of use just before the crash. If the police cited a driver for violating the Hands-Free or Safe Driving Law, this will, of course, help your case.

Different Types of Distracting Driving

Distracted driving goes way beyond just texting and driving. Other distractions that contribute to negative consequences on the road include:

Common Injuries in Distracted Driving Accidents

In contrast to other motor vehicle accidents where drivers might have time to react, a distracted driving accident can be especially dangerous since the distracted driver is often caught off guard. Thus, such incidents result in serious injuries, including:

1. Traumatic brain injuries, ranging from a mild concussion after a car accident to severe trauma
2. Spinal cord injuries
3. Multiple bone fractures requiring surgery and much time to heal
4. Back injuries, including herniated discs
5. Internal organ damage and bleeding
6. Facial injuries and dental trauma
7. Joint injuries affecting knees, shoulders, and hips
8. Post-traumatic stress disorder
9. Chronic pain conditions.

Such severe injuries have consequences that last much longer than an emergency room visit. Victims typically deal with months or even years of medical treatments, exhausting rehabilitation sessions, and day-to-day challenges that totally transform their lifestyles.

On top of the physical pain, families of accident victims may face rising medical expenses, lost wages, and the emotional pressure of adapting to a new way of life. That’s why working with a good distracted driving lawyer in Boston is so vital — you get more chances to receive fair compensation (the average car accident settlement in Massachusetts is $50,000) and can focus on healing, while Boston personal injury lawyers do the job for you.

How to Prove Distracted Driving in a Car Accident

There are several ways to determine whether distracted driving contributed to a car crash, beginning with getting statements from the driver, passengers, or other witnesses. Evidence may also be obtained through:

• Debit or credit card receipts indicating recently purchased food or drinks

  Food wrappers, drink cups, spills, and other debris in the wrecked car might indicate eating or drinking while driving.

• Accident scene evidence

  Distracted driving accidents are characterized by a lack of braking or swerving to avoid a collision. Lack of skid marks or short, straight skid marks at an accident scene indicate little or no braking or swerving occurred.

• Information from the event data recorder (EDR) in the driver’s car

  Like airplanes and large commercial trucks, newer cars contain EDRs, which record various data, such as engine speed, changes in speed, use of brakes, and more as the car moves. This data can be downloaded after a crash.

• Social media activity

  This may show posts with incriminating statements made after an accident.

• Security camera footage

  Depending on where the crash occurred, such video evidence could show the driver, passengers, or a distracting incident outside of the car just prior to the accident.

Developing a distracted driver personal injury lawsuit involves investigating each of these opportunities to obtain evidence to support the claim. In many cases, a court order is necessary to allow access to the car’s black box data or the driver’s social media accounts and obtain critical evidence.

It is extremely helpful to engage a lawyer quickly after a distracted driving accident to ensure that crucial evidence does not get destroyed or lost before it can be used to support your case. In some cases, having Boston car accident attorneys ask questions right away can compel the at-fault driver to take responsibility for their actions.

Statute of Limitations for Distracted Driving Accidents in Massachusetts

Time is of high importance when you pursue a distracted driving claim in Massachusetts. The driving law sets a strict three-year deadline from your accident date to file a personal injury lawsuit. So, if you wait too long, you lose your chance to get compensated, no matter how severe your injuries are or how obvious the other driver’s fault is.

Even though three years may sound like enough time, building a strong personal injury case takes a lot of work: investigation, evidence gathering, negotiations with the insurance company. Thus, the sooner you start, the better your driving accident lawyer will be able to protect your legal rights.

Compensation After a Distracted Driving Accident

The purpose of an accident claim is to recover compensation for the individuals involved in the accident who were harmed by other driver’s negligence. This may be a driver, passenger, pedestrian, or bicyclist.

The injured party may seek financial compensation for:

• Medical bills due to injuries, including projected costs of disabling injuries
• Property damage due to costs of vehicle repair or replacement
• Income loss due to time away from work or disability, leading to loss of earning power
• Pain and suffering
• Scarring and disability
• Loss of enjoyment of life
• Loss of consortium
• Funeral and burial costs
• Legal fees.

In addition to developing evidence that shows the defendant was negligent, your attorneys from Michael Kelly Injury Lawyers will develop a full accounting of your losses. We’ll calculate the full compensation required to make you whole financially.

Many personal injury cases are settled through negotiations. If our car accident attorney cannot reach an agreement that suits you, we will be prepared to go to court and present your case to a judge and jury.

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Contact Our Boston Distracted Driving Accident Lawyers

The attorneys of Michael Kelly Injury Lawyers work to bring justice to Massachusetts residents injured by others’ negligence and recklessness, and our recent settlements prove the effectiveness of our approach. If another driver has chosen to drive while distracted and injured you or your loved one in a distracted driving accident, we are ready to help.

Contact our personal injury law firm for a free evaluation of your case with a car accident lawyer. We offer a 30-day, risk-free guarantee: If you are unhappy for any reason with our legal services within the first 30 days, your file will be returned free of charge. Call for a free consultation today!

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More Information:

• Massachusetts Strategic Highway Safety Plan, MA Department of Transportation
• Summary of the Safe Driving Law, MA Registry of Motor Vehicles
• Distraction.gov, the Official U.S. Government Website for Distracted Driving