A green light changes, but the car ahead remains motionless. On the highway, another vehicle drifts slowly into your lane. These common and dangerous moments on Massachusetts roads are often caused by distracted driving. When a driver chooses to look at a phone instead of the road, the consequences can be serious and long lasting.
If a distracted driver has injured you or someone you love in Worcester, Clinton, or anywhere in the state, you have the right to seek compensation and hold the at-fault driver responsible. Speaking with a Massachusetts distracted driving lawyer can help you understand your options and what steps may be available to you.Â
Contact The Law Offices of Bailey & Burke to schedule a free consultation and learn how the firm can assist with your claim.
Key Takeaways About Massachusetts Distracted Driving Cases
- Massachusetts law strictly forbids drivers from using handheld electronic devices. This includes texting, using applications, or dialing a phone while driving.
- Proving a driver was distracted involves specific evidence. This may include cell phone records, police reports, vehicle data, and eyewitness statements.
- Victims of accidents caused by distracted drivers may seek financial recovery for their medical bills, lost income, and pain and suffering.
- A seasoned attorney focused on Massachusetts distracted driving cases can help you navigate the complex claims process.
- The insurance policies and legal standards for rideshare accidents involving distraction can differ significantly from standard car accident claims.
Why You Need a Massachusetts Distracted Driving Lawyer From Bailey & Burke
Following a collision caused by a distracted driver, you face a challenging situation. You may have serious injuries, accumulating medical bills, and an inability to return to work. A Massachusetts distracted driving lawyer from The Law Offices of Bailey & Burke can handle many aspects of the legal process while you focus on your health.
Our firm has proudly represented Massachusetts communities since 1971, building a reputation for trust and a long record of successful results for our clients. We understand the local roads and court systems in areas from Fitchburg to Leominster.
Our team handles the entire claims process, from the initial investigation to aggressive settlement negotiations or, when it is the right course of action, a trial. We begin by meticulously gathering the evidence needed to construct a persuasive case.Â
Our attorneys communicate directly with insurance companies on your behalf and address tactics that may be used to minimize a claim’s value or shift blame. We work on a contingency fee basis, meaning you will not owe any attorney fees unless we successfully recover funds for you.Â
This approach allows you to pursue justice without adding to your financial burdens.
Massachusetts Distracted Driving Laws and the Hands Free Law
Massachusetts has enacted strong laws to combat the dangers of distracted driving. The central piece of legislation is the Hands-Free Law, found in Massachusetts General Laws Chapter 90, Section 13B.Â
This statute makes it illegal for any motor vehicle operator to use an electronic device unless it is in a hands-free mode. The law’s purpose is to reduce the number of preventable accidents caused by drivers who are not fully focused on driving.
This law means a driver cannot hold a phone to their ear, type a text message, browse social media, or manually enter a destination into a GPS. A violation of this statute can be used as strong evidence of negligence in a personal injury claim.Â
Knowing the specifics of this law is the first step in the process of holding a careless driver responsible for the harm they cause.
What Qualifies as Distracted Driving in Massachusetts
Driver distraction is a broad term that includes more than just texting. Any activity that diverts a driver’s attention from the safe operation of their vehicle is a form of distraction. These actions are typically sorted into three main categories.
- Visual Distractions: Anything that causes a driver to take their eyes off the road ahead.
- Manual Distractions: Actions that require a driver to take one or both hands off the steering wheel.
- Cognitive Distractions: Anything that pulls a driver’s mind and focus away from driving safely.
A single act, such as using a smartphone, often involves all three types of distraction at once, creating a significant risk to everyone on the road. A driver who glances down for just a few seconds travels the length of a football field with no real awareness of changing traffic patterns or a pedestrian crossing a street in Worcester.
Common Driver Distractions That Cause Massachusetts Car Accidents
While cell phones are a primary cause of distraction, numerous other behaviors can lead to a serious crash. A skilled Massachusetts distracted driving lawyer will investigate all possibilities to uncover the true cause of a collision.
Many routine activities can become dangerous distractions:
- Adjusting the stereo, climate controls, or a GPS navigation system
- Eating or drinking while the vehicle is in motion
- Turning around to interact with passengers or children
- Personal grooming activities, such as combing hair or applying makeup
- Becoming engrossed in a conversation with a passenger
These seemingly harmless actions can have devastating consequences on busy local roads or highways. When they result in an accident, the distracted driver may be held liable for the injuries and damage they inflict.
How a Massachusetts Distracted Driving Lawyer Builds Your Case
To pursue a successful claim, you and your attorney must prove that the other driver’s distraction was an act of negligence that was a direct cause of your injuries. This requires a foundation of solid proof, not just a reasonable suspicion. Insurance companies frequently contest these claims, making a prompt and thorough investigation by your legal team a top priority.
An attorney will work to gather and preserve all relevant evidence. This process must start quickly, as some evidence, like video footage from a nearby business in Fitchburg, can be deleted or lost. The goal is to show, step by step, how the driver’s inattention caused the crash and your injuries.
An attorney may also work with accident reconstruction specialists who can analyze vehicle damage, skid marks, and other physical evidence to provide an expert opinion on the cause of the crash.
Evidence Used to Prove Distracted Driving in Massachusetts
Your lawyer can use formal legal procedures to secure information that proves the at fault driver was not paying attention. This evidence is the foundation of your personal injury claim and is vital for negotiating with insurance carriers.
Your legal team can work to obtain various forms of proof:
- Cell Phone Records: A subpoena can compel a service provider to release records showing texts, calls, or data usage at the moment of the crash.
- Police Accident Reports: The official report may include the officer’s own observations about driver behavior or witness statements mentioning distraction.
- Eyewitness Testimony: Formal statements from other drivers or pedestrians who saw the at fault driver using a phone can be incredibly impactful.
- Vehicle Data Recorders: Many modern cars may have black box systems that record data on braking and steering.
This body of evidence helps create an undeniable link between the driver’s negligent actions and the harm you have suffered. It provides the leverage needed to counter attempts by the other party to evade responsibility.
Unique Challenges of Rideshare Distracted Driving Accidents
Accidents involving distracted drivers for rideshare companies like Uber and Lyft introduce another layer of complexity. These cases are often different because the driver is operating the vehicle for a commercial purpose. The constant need to interact with the rideshare app for navigation and accepting new fares is a form of built in distraction.
When a rideshare driver causes an accident while distracted, determining which insurance policy applies can be complicated. The answer often depends on the driver’s status at the time of the crash.Â
A knowledgeable attorney can analyze the situation to identify all potential sources of recovery, which might include large commercial insurance policies maintained by the rideshare company. If you were injured in a crash with a distracted Uber or Lyft driver, you should take certain steps.
- Document the driver’s name and the rideshare company they were working for.
- If possible, take a screenshot of your ride information from the app.
- Obtain contact information from any witnesses to the accident.
- Seek immediate medical attention for any injuries.
- Consult with a lawyer before giving any statements to an insurance adjuster.
Navigating the aftermath of a rideshare accident requires an understanding of both personal injury law and the specific regulations governing these transportation companies.
Pursuing Fair Compensation After a Distracted Driving Wreck
If you were injured by a distracted driver in Massachusetts, you may be able to recover compensation for your many losses.Â
These funds, known as damages, are intended to help you manage the immense financial and personal impact of the injury. The final value of a claim depends on numerous factors, including the severity and permanence of your injuries and the total economic costs you have had to bear.
Your potential recovery is generally divided into two main categories of damages. Economic damages are meant to reimburse you for direct, verifiable financial losses. Non-economic damages address the more personal, non-monetary ways the injury has altered your life and well being.Â
An experienced Massachusetts distracted driving lawyer can help you document all your losses thoroughly to present a complete and compelling claim for all available damages.
Documenting Your Losses for Financial Recovery
A successful personal injury claim could help you recover funds for a wide variety of accident related losses. Properly calculating both past and future damages is a key function your attorney will perform.
You may seek compensation for the following losses:
- All past and future medical treatment costs, including surgery and physical therapy
- Lost wages and income from the time you were unable to work
- Diminished future earning capacity if you cannot return to your prior job
- Physical pain and emotional suffering
- Loss of enjoyment of life and consortium
These elements are designed to cover the full spectrum of harm that a distracted driver’s negligence can cause. Your lawyer works to identify and document every loss connected to the accident.
FAQs for Massachusetts Distracted Driving Lawyer
What should I do right after an accident if I think the other driver was on their phone?
Your first priority is safety. Move to a safe location if you can, and call 911 to report the crash and request medical help for any injuries. If you are able, calmly tell the responding police officer exactly why you believe the other driver was distracted. Note any details you observed, such as seeing the phone in their hand, and be sure to get contact information from any witnesses who may have seen the same thing.
How does a lawyer get the other driver’s cell phone records?
An attorney cannot just ask a phone company for the records. During a formal personal injury claim or lawsuit, your lawyer may use a legal document called a subpoena. This court endorsed order compels the cell phone provider to release specific records for the limited time frame surrounding the accident.
What happens if a passenger in my own car caused a distraction that led to an accident?
This is a complex scenario. While a passenger’s actions could certainly contribute to causing a crash, the driver has the ultimate responsibility for maintaining safe control of the vehicle. You should speak with an attorney to understand how the details of your situation might affect any potential claims.
Is a driver still distracted if they were using a hands free device?
Even using a hands-free device can cause a significant cognitive distraction that impairs a person’s ability to drive safely. While using hands-free technology is legal under Massachusetts law, a driver may still be found negligent if their conversation or interaction with the device contributed to causing the accident.Â
How long do I have to file a distracted driving lawsuit in Massachusetts?
In Massachusetts, the statute of limitations for most personal injury claims is three years from the date of the accident. It is always beneficial to contact a lawyer as soon as possible after an accident. This provides ample time to investigate, gather evidence, and build the strongest case possible before this deadline approaches.
Speak With a Massachusetts Distracted Driving Lawyer Today
Bailey, Michael J., Distracted Driving Accident Lawyer
The time following a car accident is filled with stress and uncertainty. You do not have to navigate this journey by yourself. The legal team at The Law Offices of Bailey & Burke is ready to stand with you, answer your questions, and pursue the resources you need to rebuild.Â
We are deeply committed to holding negligent drivers accountable for the harm they cause throughout Massachusetts. If you are ready to learn more about your legal options, contact our office for a free, no obligation consultation to discuss your case.
