Distracted Driving Attorney in Massachusetts
Seek compensation and fight for your rights in a distracted driver personal injury case
Distracted driving is a growing problem on our roads and highways, with more and more drivers becoming distracted by their smartphones, GPS devices, or other electronic devices while behind the wheel. This dangerous behavior can cause serious injuries or even fatalities. If you or someone you know has been injured in a car accident caused by distracted driving, seek legal advice from a distracted driving attorney in Massachusetts as soon as possible.
The Law Offices of Barry Feinstein & Affiliates P.C. has over 25 years of experience handling personal injury cases, including those related to distracted driving accidents. Our skilled attorney can help you navigate the legal system and fight for your rights, seeking compensation for your medical bills, lost wages, and other damages resulting from the accident. We understand the challenges you may face during this difficult time and will work tirelessly to ensure you receive the justice and compensation you deserve.
Contact us today for a free consultation and to learn more about how we can help you with your personal injury claim related to distracted driving.
Why Do I Need A Distracted Driving Lawyer in Massachusetts?
No one should have to pay for their medical bills and other related costs after being injured in a car accident caused by a negligent driver. A distracted driver may be financially responsible for your injuries, medical expenses, and other losses. At The Law Offices of Barry Feinstein & Affiliates P.C., our competent attorney has the knowledge and skills to fight for your rights and ensure you receive the compensation you deserve.
Our personal injury law firm believes that distracted drivers must be held accountable for their actions, and we can help ensure that you obtain justice by:
- Investigating the circumstances surrounding your accident and building a solid case on your behalf,
- Gathering evidence and interviewing witnesses,
- Consulting with car crash and reconstruction professionals,
- Negotiating with insurance companies and their representatives,
- Fighting for your rights in court if settlement is not feasible,
- Ensuring you receive the maximum compensation possible for your personal injury case,
Navigating the legal system can be overwhelming, especially while dealing with the aftermath of a distracted driving accident. Don’t face it alone. Contact The Law Offices of Barry Feinstein & Affiliates P.C. today for a free consultation and let us help you get back on the road to recovery.
What is Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted from the road. This may occur for various reasons. Drivers can become distracted by objects in their vehicles, such as cell phones, wallets, or purses, or by looking for street signs while searching for an address.
Distracted driving is dangerous because it can significantly reduce a driver’s ability to react to changes on the road, such as sudden stops or swerves by other drivers or pedestrians. This can increase the risk of accidents, injuries, and fatalities.
There are three categories of distracted driving:
- Visual distraction: Driver distraction is caused by removing their eyes from the road.
- Cognitive distraction: Distraction caused by a driver’s preoccupation with thoughts that divert their attention from the road.
- Manual distraction: Distraction caused by the driver removing their hands from the steering wheel, such as when texting, changing the radio station, picking up a dropped object, etc.
Don’t let distracted driving accidents leave you feeling helpless and overwhelmed. If you believe the driver who hit you was distracted in any way, contact our distracted driving lawyer immediately. We have the knowledge and resources to investigate your distracted driving claim and seek the complete compensation you deserve.
What is Considered Distracted Driving in Massachusetts?
In Massachusetts, distracted driving is any activity that takes a driver’s attention away from the road, which includes, but is not limited to:
- Using a cell phone, including texting, talking, browsing the internet, or using social media
- Eating or drinking while driving
- Applying makeup or grooming
- Reading or writing, including maps or directions
- Watching videos or using other electronic devices, such as tablets or laptops
- Engaging in conversations with passengers that distract from driving
- Reaching for objects or items in the vehicle
- Daydreaming or being otherwise mentally preoccupied while driving
It is crucial to note that Massachusetts law prohibits drivers from using handheld electronic devices while operating a motor vehicle. This includes texting while driving, which is considered a primary offense, meaning a police officer can pull a driver over if they witness them texting while driving. Drivers can face fines, license suspension, and other penalties for engaging in distracted driving behaviors throughout Massachusetts.
With over 25 years of experience handling personal injury cases resulting from distracted driving accidents, our law firm has the knowledge to help you navigate the complexities of the legal system. Call our Massachusetts distracted driving lawyer today if any of these activities caused your car accident.
What Injuries Can Be Sustained in Distracted Driving Accidents?
Distracted driving can lead to severe accidents, injuries, and even fatalities. When drivers take their eyes, hands, or minds off the road, they increase the risk of causing a collision, which can result in various injuries for those involved.
The following are some of the most common injuries caused by distracted driving:
- Traumatic brain injuries
- Spinal cord injuries
- Head and back injuries
- Multiple fractures or broken bones
- Bruises, cuts, or lacerations
- Torn muscles or ligaments
- Joint dislocation
- Internal bleeding or injury
- Wrongful death
Some of these injuries can result in life-changing conditions with long-term effects on a person’s physical and emotional well-being. If someone else’s negligence or carelessness caused you to suffer these injuries in a car accident, you must seek compensation immediately. Our Massachusetts distracted driving attorney can help you assess your options and the best action steps.
What are the Distracted Driving Laws in Massachusetts?
Here are two distracted driving laws in Massachusetts crucial to know about:
Massachusetts Texting While Driving Ban
The Massachusetts Safe Driving Law went into effect on September 30, 2010. With this law, Massachusetts prohibited junior operators – drivers aged 16 1/2 to 18, from texting or making phone calls while driving. Texting and driving have been prohibited for drivers aged 18 and up. Older drivers were still permitted to use cell phones to make calls, making enforcement difficult.
Massachusetts Hands-Free Driving Law
Under this law, drivers can no longer pick up cell phones in Massachusetts. Instead, they can use hands-free technology. Cell phones cannot be used for GPS unless devices are mounted on the vehicle dashboard. Taking full effect on April 1, 2020, this law applies to drivers 18 and older. Junior operators are not allowed to use hands-free cell phone systems.
Is Texting While Driving Illegal in MA?
Texting while driving is regarded as the most dangerous of all forms of distracted driving. This is because it requires drivers to do the following:
- Distract them from driving because they must think.
- Remove their eyes from the road for the driver to see what they are typing.
- Hold the steering wheel with either one or no hand.
That’s the triple threat of distracted driving and is a recipe for road disaster. Anyone who has been injured by a distracted driver requires the assistance of a competent attorney. Texting while driving should never occur in the first place. If the driver is at fault for the accident because they were texting while driving, our distracted driving attorney can assist you in pursuing the maximum possible compensation.
Is Distracted Driving Considered Negligence?
When a person’s carelessness results in injuries to another party, the injured party may file a personal injury lawsuit. The lawsuit enables them to recover compensation for the losses or damages they have sustained. When a distracted driver causes an accident and injuries, they have acted negligently. the following elements must be demonstrated to establish negligence:
- The driver had an obligation to exercise a duty of care. In other words, they were required to obey traffic regulations and drive safely and sensibly.
- The driver violated the duty of care by failing to drive safely and reasonably.
- The victim’s injuries were directly caused by the breach of duty.
- The victim was injured as a result of the driver’s actions. These damages could include money, property damage, and other things.
The greatest obstacle in a car accident claim is proving that the driver at fault breached their duty of care. Most auto insurers contend that a different factor caused the victim’s injuries. They intend to pay out the least amount possible. But you don’t have to worry- our distracted driving lawyer in MA, will challenge these insurers, establish negligence, and demand maximum compensation.
When Can I Pursue a Claim for a Distracted Driving Accident?
You may be able to file a claim if you have been injured in a distracted driving accident. However, since Massachusetts is a no-fault state for auto insurance, you must first file an insurance claim with your insurance company.
Personal injury protection, property damage coverage, bodily injury, and uninsured driver’s coverage are all required for all drivers in the state. The state’s no-fault insurance policy has a coverage limitation. This means the maximum personal injury protection benefits you can obtain from your insurance company have a certain threshold.
Other insurance benefits may be available depending on the severity of your injuries, the cost of medical treatment, who was at fault, and property damage. You may be eligible for additional compensation if your case meets the tort injury threshold. Our Massachusetts distracted driving attorney can help assess if your case qualifies under the personal injury law.
How Can I Prove Distracted Driving in My Car Accident Claim?
Getting statements from the driver, passengers, or other witnesses is the first step in determining whether distracted driving played a role in a car accident. Additional ways to obtain evidence include:
- Receipts from debit or credit cards indicating recently purchased food or beverages: Food wrappers, drink cups, spills, and other debris found in the wrecked car could hint that the driver was eating or drinking while driving.
- Evidence from the accident scene: Distracted driving accidents are distinguished by a failure to brake or swerve to avoid a collision. A lack of skid marks or short, straight skid marks at an accident scene indicates little or no braking or swerving.
- Data from the driver’s car’s event data recorder (EDR): Newer cars, like airplanes and large commercial trucks, have EDRs that record a variety of data as the car moves, such as engine speed, changes in speed, brake use, and so on. This data can be downloaded after a crash.
- Social media activity, which may reveal posts containing incriminating statements made following an accident.
- Security camera footage (depending on where the accident occurred), which may show the driver, passengers, or a distracting incident outside the car just before the accident.
After a collision, developing a distracted driver personal injury lawsuit requires looking into each possibility to find evidence to support the claim. Obtaining a court order to access the black box data from the car or the driver’s social media accounts to obtain evidence is frequently necessary.
Our Massachusetts distracted driving attorney should be retained promptly after a car accident to prevent substantial evidence from being lost or destroyed before it can be used to support your case. In some instances, prompt questioning by an attorney following an accident can force the at-fault driver to accept responsibility for their actions. Talk to us today to know more.
What is the Compensation Available After a Distracted Driving Accident?
A car accident claim intends to obtain compensation for the harmed individuals involved in the accident resulting from someone else’s negligence. The at-fault parties could be a driver, a passenger, a pedestrian, or a bicyclist.
If your car accident claim is successful, you may be awarded compensation for the following:
- Medical expenses
- Rehabilitative and future medical expenses
- Property damage for vehicle repair or replacement
- Income loss due to time away from work
- Loss of earning capacity due to disability
- Pain and suffering
- Emotional damages
- Permanent or temporary partial or total disability
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death
- Punitive damages, if applicable
In addition to developing evidence demonstrating the defendant’s negligence in a distracted driving case, our Massachusetts distracted driving attorney would augment a full accounting of your losses and the financial compensation necessary to make you whole.
Many cases involving personal injury are settled through negotiations. If we cannot reach a satisfactory agreement, we will be prepared to take your case to court and present it to a judge and jury.
How Much Time Do I Have to File a Distracted Driving Accident Claim in Massachusetts?
In Massachusetts, the statute of limitations for personal injury cases is generally three years from the date of the injury or accident. However, it is crucial to note that the statute of limitations may be shorter in some situations.
There are exceptions to this rule for the following:
- Minors who are 3 years from reaching 18, or
- People with mental disabilities.
In these cases, the time limit “clock” is paused or “stayed.” This means that the three-year time limit doesn’t start running until the stay is removed, which could happen when the minor turns 18 or the person with a disability becomes capable of pursuing a legal claim.
Additionally, seeking legal advice as soon as possible after a car accident is crucial, as there may be other important deadlines to consider. For example, if you plan to file a claim with your insurance company for personal injury damages, you may have a shorter timeframe in which to do so.
Missing a deadline can result in the case being dismissed by the court, and you may lose your right to seek compensation for your injuries. That’s why it’s necessary to consult with our personal injury attorney as soon as possible following a car accident to ensure that all legal deadlines are met, and your rights are protected.
Call Our Competent Distracted Driving Attorney in MA Now!
The Law Offices of Barry Feinstein & Affiliates P.C. is concerned about our client’s well-being and future. That is why we commit all of our resources to pursue each case to completion. We provide free initial consultation, so you have nothing to lose by contacting us.
Our goal is to help you achieve the best possible outcome for your case, and we won’t stop fighting for you until we’ve succeeded. Don’t let the legal system overwhelm you – let us handle the details of your case while you focus on your recovery. Call our Massachusetts distracted driving attorney today!