Texting using a handheld cell phone or smartphone is prohibited while a person is operating a motor vehicle in Massachusetts. There is no prohibition in using a cell phone via Bluetooth connection, but having the cell phone in your hand while you are driving is not permitted because of the risk involved with distracted driving. When an accident occurs, serious injury and damage could result.
If you or a loved one were injured in a motor vehicle accident due to a distracted driver, a Boston texting while driving car accident lawyer could help you seek compensation for your injuries. A knowledgeable automobile crash attorney could review your claim, and gather evidence to prove the defendant’s negligence in court.
Laws Regarding The Use of Cell Phones While Driving
It is illegal for an individual to have a cell phone in their hand while he or she is driving. There is legislation that is being proposed to outlaw the use of any handheld cell phone while driving. Drivers would be limited to using hands-free technology such as a Bluetooth connection. In cases of medical emergency or some accident-related emergency, a person who is operating a vehicle can dial 911.
Also, in Massachusetts, it is illegal for anybody under the age of 18 to use a cell phone at all while driving. Individuals should speak to a skilled Boston texting while driving car accident lawyer to learn more about the laws regarding distracted driving.
How Can Use of a Cell Phone Affect A Claim?
For an automobile accident case, the use of a cell phone or smartphone could affect liability. Generally, the plaintiff must prove that the defendant’s negligence caused the accident to occur. In many cases, the defendant may counterargue that the plaintiff also contributed to the accident. The plaintiff’s percentage of fault will affect their total compensation award.
By The Plaintiff
Cell phone use of the plaintiff at the time of the accident could impact their financial recovery in a personal injury claim. If the case went to a jury trial, and the jury found that the plaintiff was comparatively negligent, then it could reduce their amount of damages.
If the jury found that the plaintiff was comparatively negligent or more than 50 percent at fault, that could result in a defense verdict. This means that if the plaintiff is more than 50 percent at fault for the accident, he or she may not be eligible to recover compensation. If the case is settled prior to trial or jury verdict, then the plaintiff’s negligence could reduce the amount of settlement money that the insurer is willing to offer.
By The Defendant
Cell phone use by the defendant can impact the injury claim because that could be used as evidence of negligence or carelessness. If the plaintiff’s dedicated attorney could prove that the defendant was using the cell phone at the time of the impact, then their total compensation award may be increased.
By Both Parties
If both drivers were found to be using cell phones at the time of the accident, then it will be a question of which driver caused the collision. Cell phone use does not necessarily mean that the cell phone user was distracted, but it may result in a lower offer by the insurance company.
Evidence For an Automobile Crash Claim
In car accident claims involving distracted driving, the evidence needs to include cell phone records which could determine the date and time that the person was using the device. The driver using the cell phone could give written consent so that the authorities could obtain their cell phone records, but more commonly, those records could be obtained via a subpoena as well. It would also show the phone number that he or she were either calling or the call that they received, and if that corresponds with the time of the accident, then that could be evidence or proof that the person was using the cell phone.
Also, a Boston texting while driving automobile attorney could speak to eyewitnesses to see if they saw the defendant using a cell phone at the time that the accident.
Speak to a Boston Texting While Driving Car Accident Attorney Today
Negligence is one of the most common causes of automobile collisions. Distracted driving such as texting while driving could cause severe consequences such as great injury and property damage. When an accident occurs due to the negligence of a motor vehicle driver, a Boston texting while driving car accident lawyer could help you seek justice. Your legal counsel could advise you of your legal options to hold the responsible party accountable for their actions.
Speak to an attorney to learn more about how he or she could help you seek compensation for your injuries. Call today to schedule a consultation.