Boston Texting and Driving Car Accident Lawyer

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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. Call the Law Office of John J. Sheehan for a free consultation at (617) 925-6407.

Laws Regarding Texting and Driving in Boston

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 Cell Phone Use While Driving Affect a Boston Injury 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.

How to Prove Texting and Driving Caused Your Accident Injuries

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 and 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 car accident lawyer for texting and driving injuries 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 a Boston personal injury attorney to learn more about how he or she could help you seek compensation for your injuries. Call (617) 925-6407 today to schedule a consultation.

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Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

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El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

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I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

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