A Proven Full Service Law Firm Serving the Families of the Local Community Since 1971

Massachusetts Texting and Cell Phone Car Accident Lawyer

It’s one thing to be injured in a car accident. It’s another thing to know it could have been prevented if the other driver had just put down their phone. Now, you’re the one left dealing with the consequences: painful injuries, growing medical bills, and time away from work. You are likely wondering how you can possibly prove the other driver was texting and how you can manage the financial strain they’ve caused you and your family.

This is where the right legal support becomes critical. You do not have to fight the insurance companies alone or carry the burden of building a strong case while you recover. A dedicated Massachusetts texting and cell phone car accident lawyer knows how to find the evidence needed to hold distracted drivers accountable and pursue the full compensation you need.

At Bailey & Burke, our job is to lift that legal burden from your shoulders so you can focus on what matters most: your recovery.

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Why Choose Bailey & Burke for Your Car Accident Case?

When you’re looking for legal representation, you need a firm that combines a track record of success with a genuine commitment to its clients. Since 1971, the attorneys at Bailey & Burke have been a pillar of support for injured individuals throughout Massachusetts. We have a 99.6 percent success rate in personal injury cases because we are meticulous in our preparation and unwavering in our advocacy. We know that results are what you need, and our history speaks for itself.

Our dedication to our clients goes beyond the courtroom. We believe in providing the highest level of personal service, which means you are more than just a case file to us.

Direct Access to Your Attorney: From your first meeting to the resolution of your case, you will work directly with an accomplished lawyer, not be passed off to a paralegal.
Clear and Constant Communication: We listen to your story, answer your questions, and provide you with the information you need to make empowered decisions about your case. We are also available to meet on evenings and weekends and can provide services in Spanish.
No Fees Unless We Win: We handle personal injury cases on a contingency fee basis. This means you pay us nothing until and unless we secure a settlement or a verdict in your favor.
Comprehensive Support: We go further than just handling legal paperwork. We are committed to helping our clients access the best medical care available to support their physical recovery.

We have built our reputation on meeting the unique needs of each client. With decades of experience, we have the knowledge and resources to hold negligent drivers accountable and pursue the full compensation you deserve.

The Sobering Reality of Distracted Driving in Massachusetts

Distracted driving is a dangerous and growing problem on our roads. The act of sending a single text message takes a driver’s eyes off the road for an average of five seconds. When traveling at 55 mph, that’s like driving the entire length of a football field blindfolded. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,522 lives in just one recent year. These aren’t just statistics; they represent real people whose lives were tragically cut short due to a preventable choice.

To combat this public safety crisis, Massachusetts has put specific laws in place. The state’s so-called Hands-Free Law makes it illegal for motor vehicle operators to hold or use any electronic device while driving. This includes:

Typing or reading a text or email
Using a phone’s camera
Browsing the internet or using apps
Manually entering information into a GPS

When a driver violates this safety law and causes a crash, it provides strong evidence of their carelessness. A knowledgeable Worcester texting and cell phone car accident lawyer can use this violation to build a powerful case for accountability.

How a Massachusetts Texting and Cell Phone Car Accident Attorney Can Help You

Driver holding a smartphone near the steering wheel, representing distracted driving caused by cell phone use.

After being hurt in an accident, you may feel unsure about what to do next. The legal process can seem complicated, and dealing with insurance companies can add to your stress. This is where an experienced attorney can make all the difference. Their role is to manage every aspect of your legal claim, allowing you to concentrate on healing.

Here are some of the critical tasks a lawyer from Bailey & Burke can handle for you:

Conducting a Full Investigation: We will immediately begin a thorough investigation into the crash. This involves gathering police reports, visiting the accident scene, and identifying all potential sources of evidence to prove the other driver was distracted.
Gathering Key Evidence: Proving a driver was texting requires specific evidence. We can obtain warrants or subpoenas to secure cell phone records, which can show text, data, and call activity around the exact time of the collision. We also search for traffic camera footage and interview eyewitnesses who may have seen the other driver on their phone.
Handling All Insurance Company Communications: Insurance adjusters are trained to protect their company’s bottom line, which often means trying to pay you as little as possible. We will take over all communications with the insurance companies, protecting you from their tactics and ensuring your rights are represented.
Calculating Your Total Damages: We work with you, your doctors, and financial professionals to understand the full impact of the accident on your life. This includes not just your current medical bills, but also future treatment costs, lost income, and the non-economic effects of your injuries.

By taking on these responsibilities, we level the playing field and position your case for the most favorable outcome possible, whether through a strong settlement or a court verdict.

Proving the Other Driver Was Texting

One of the biggest challenges in a distracted driving case is proving that the other driver was using their cell phone at the moment of impact. Drivers are rarely willing to admit they were texting. This is why a prompt and detailed investigation led by a skilled car accident attorney is so crucial. We use a variety of methods to uncover the truth and build a compelling case.

Gathering Critical Evidence

The first moments and days after a crash are critical for preserving evidence. We move quickly to secure information before it can be lost or destroyed.

Eyewitness Testimony: We identify and interview anyone who saw the crash or observed the other driver’s behavior just before the collision. A witness who saw the driver looking down at their phone instead of the road can provide powerful testimony.
Police Reports: The official police report often contains important details, including the officer’s initial observations, statements from those involved, and sometimes even a citation issued to the distracted driver for violating the hands-free law.
Video Footage: We canvass the area of the crash, which could be a busy intersection like Kelley Square or a stretch of I-290, for any available video. Many businesses, traffic cameras, and even doorbell cameras capture footage that can be used to show exactly what happened.

This initial evidence provides a strong foundation for building your claim and demonstrating the other driver’s fault.

Using Legal Tools to Uncover the Truth

In many cases, the most definitive proof is hidden in the driver’s cell phone records. To get this information, we use specific legal tools. We can issue a subpoena, which is a formal court order compelling the at-fault driver’s cell phone provider to turn over their records for the day of the accident.

These records won’t show the content of a text message, but they provide a timestamped log of all activity. We can cross-reference this log with the time of the 911 call or the time of impact documented in the police report. If the records show a text was sent or received, or data was being used, at that exact moment, it becomes very difficult for the driver to deny their distraction. A car accident lawyer knows how to use this powerful evidence to hold the responsible driver accountable.

Understanding Your Right to Compensation in Massachusetts

Commercial driver using a cell phone while driving, illustrating distracted driving risks on Massachusetts roadways.

If you were injured because of another driver’s negligence, Massachusetts law allows you to seek compensation for your losses. In legal terms, these losses are called “damages.” The goal of a personal injury claim is to secure a financial recovery that helps make you whole again by covering both your economic and non-economic costs.

A successful claim, supported by a skilled lawyer, can provide compensation for a wide range of damages.

Economic Damages: These are the tangible financial losses you have incurred because of the accident. They are straightforward to calculate and include things like all past and future medical bills, lost wages from being unable to work, loss of future earning capacity if you cannot return to your previous job, and the cost of repairing or replacing your vehicle.
Non-Economic Damages: These damages are meant to compensate you for the intangible, personal losses that don’t have a specific price tag. This includes compensation for your physical pain and suffering, emotional distress, scarring or disfigurement, and the loss of enjoyment of life caused by your injuries.
Punitive Damages: In rare cases where the at-fault driver’s conduct was grossly negligent or malicious, a court may award punitive damages. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar behavior in the future.

The value of each case is unique and depends on the severity of the injuries and the total impact the accident has had on your life. We work diligently to document every loss to pursue the maximum compensation you are owed.

Steps to Take After Being Hit by a Distracted Driver

Once you have received immediate medical attention and are back home, the actions you take can have a significant impact on your health and your ability to pursue a successful legal claim. The time after a crash can feel confusing, but focusing on a few key steps can help protect your rights.

Document Everything: Keep a simple journal to track your physical symptoms, pain levels, and how your injuries are affecting your daily life. Note any activities you can no longer do, any sleep disturbances, and your emotional state. This documentation can be valuable later.
Follow All Medical Advice: It is essential to attend all follow-up appointments with your doctors, physical therapists, and any other medical providers. Following your treatment plan shows that you are serious about your recovery and creates a clear medical record linking your injuries to the accident.
Keep All Paperwork: Create a file where you can store all documents related to the crash. This includes medical bills, receipts for prescriptions, car repair estimates, and any correspondence you receive from insurance companies.
Stay Off Social Media: Be very cautious about what you post online. Insurance companies often search claimants’ social media profiles for photos or posts that they can use to argue your injuries are not as severe as you claim. It is best to avoid posting about your accident or your recovery altogether.

These proactive steps can strengthen your case and prevent the at-fault party’s insurance company from finding reasons to deny or reduce your claim.

Massachusetts Texting & Cell Phone Accident FAQs

Here are answers to some common questions our clients ask about texting and driving accident claims.

What if I was partially at fault for the accident in Massachusetts?

Massachusetts follows a “modified comparative negligence” rule. This means you can still recover damages as long as you are found to be 50% or less at fault for the accident. However, your total compensation award will be reduced by your percentage of fault.

How much does it cost to hire a texting and driving accident lawyer?

At Bailey & Burke, we handle these cases on a contingency fee basis. This means you pay absolutely no attorney fees upfront. We only get paid a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing.

How long do I have to file a lawsuit for a car accident in Massachusetts?

The statute of limitations, which is the legal deadline for filing a lawsuit, for most personal injury cases in Massachusetts, is three years from the date of the accident. It is crucial to contact a lawyer well before this deadline expires, as missing it can prevent you from ever recovering compensation.

What if the driver who hit me was using a hands-free device?

Even if a driver was complying with the letter of the hands-free law, they can still be held liable for an accident. Cognitive distraction—when a driver’s mind is focused on a conversation instead of the road—is still a form of negligence. If their hands-free conversation caused them to drive carelessly and hit you, they can be held accountable.

Can I sue the driver's employer if they were working when they hit me?

Possibly. Under a legal principle called vicarious liability, an employer can sometimes be held responsible for the negligent actions of an employee who was acting within the scope of their employment. If the driver was sending a work-related text or making a call for their job, their employer might also be a party to the lawsuit.

Take Control of Your Future with Bailey & Burke

Being injured by a distracted driver is a serious injustice. You shouldn’t have to bear the financial and personal costs of someone else’s reckless decision to text and drive. At Bailey & Burke, our personal injury lawyers are here to help you hold them accountable. With decades of focused experience and a deep commitment to our clients, we have the resources and determination to fight for the justice you deserve.

Don’t let an insurance company decide the value of your health and future. Let us put our 99.6% success rate to work for you. Contact our Massachusetts office today for a free, no-obligation consultation to discuss your case. Call us at (888) 368-0983 or reach out through our online form to speak with an accomplished lawyer who is ready to help.