Distracted driving causes thousands of accidents in Massachusetts every year. A driver might be texting, eating, messing with the radio, or talking to passengers when they crash into another vehicle. These split-second distractions can lead to serious injuries or even death. The tricky part is proving the other driver was actually distracted when the accident happened.
Distracted Driving Laws in Massachusetts
Massachusetts has specific laws about distracted driving. Handheld phone use is illegal while driving, and texting is banned for everyone on the road. Young drivers under 18 can’t use phones at all behind the wheel, not even with hands-free devices.
Distractions come in three forms. Visual distractions take your eyes off the road. Manual distractions mean your hands leave the steering wheel. Cognitive distractions pull your mind away from driving. Texting is particularly dangerous because it combines all three types at once. A driver who texts takes their eyes, hands, and mind off driving simultaneously.
Gathering Evidence Right After the Crash
What happens in the first few minutes after a crash can make or break a case. If possible, take photos of everything, the vehicles, their positions, any skid marks on the road, damage to both cars, and the surrounding area. Look inside the other driver’s car if you can safely do so. A phone on the floor, spilled coffee, or food wrappers might show what distracted them.
Talk to anyone who saw what happened. Other drivers, pedestrians, or passengers in either vehicle might have noticed the at-fault driver looking down at their phone or doing something else distracting. Get their names and phone numbers as what they saw could become crucial later when insurance companies start questioning what happened.
Cell Phone Records Tell the Truth
Phone records don’t lie. They show exactly when someone made calls, sent texts, or used apps. Lawyers can request these records from phone companies through legal channels. The records have timestamps that can be matched up with when the accident occurred.
However, getting someone else’s phone records isn’t something the average person can do. Courts need to get involved, and specific legal procedures must be followed. This is where having a lawyer makes a real difference. They know how to get this information before phone companies delete it, which they often do after a certain period.
What Police Reports Reveal
Officers who come to accident scenes write detailed reports. They might notice a phone in the driver’s hand or seat. Sometimes drivers admit they were distracted, and officers document these statements. If the at-fault driver gets a ticket for texting or using a handheld device, that citation becomes important evidence in a civil case.
Police reports also include the officer’s professional opinion about how the crash happened. Even without a distraction-specific ticket, reports often contain observations about driver behavior, what people said at the scene, or physical clues pointing to inattention.
Finding Video Evidence
Cameras are everywhere nowadays. Traffic lights, stores, gas stations, parking lots, and homes often have security systems that might have recorded the accident. This footage can be gold for a distracted driving case. It might show a driver with their head down, swerving, or reacting too slowly, all signs of distraction.
The problem with video evidence is that it doesn’t last forever. Many systems record over old footage after just a few days or weeks. Lawyers send preservation letters to businesses and property owners right away to stop them from deleting recordings. Some drivers also have dash cams that could have captured what happened.
Social Media Can Be Evidence Too
People post everything on social media these days, sometimes without thinking. A driver might have posted a status update, photo, or location check-in right around the time of the accident. This proves they were using their phone while driving.
Lawyers experienced in these cases know how to find and preserve social media evidence legally. This includes posts the driver might have deleted, thinking they’d be gone forever. Digital information often includes hidden data showing exactly when and where something was posted.
Time Is Not on Your Side
Evidence disappears fast. Phone companies delete records. Security footage gets recorded over. People forget details. Massachusetts gives injury victims three years to file a lawsuit, but waiting even a few months can mean losing evidence forever.
Getting a lawyer involved quickly means the investigation starts immediately. Lawyers have investigators, know how to issue subpoenas, and understand what evidence matters most. They can move fast to lock down proof before it vanishes.
Massachusetts Comparative Negligence Rules
Massachusetts has a rule called modified comparative negligence. If someone is 50% or more responsible for their own accident, they can’t collect damages. Even when another driver was distracted, their insurance company might try to blame the victim for part of the crash.
Strong evidence of distraction helps show the other driver was primarily at fault. This protects against arguments that could reduce or eliminate compensation. Insurance companies look for any reason to pay less, so solid proof of distraction matters enormously.
What Compensation Covers
Distracted driving accidents can result in compensation for medical bills, lost paychecks, car repairs, pain and suffering, and reduced quality of life. Serious injury cases might also include money for future medical treatment, permanent disabilities, and lost ability to earn a living.
The better the evidence of distraction, the stronger the case becomes. Strong cases lead to better settlements or trial verdicts. Insurance companies pay more attention when they know the evidence against their driver is solid.
Why Distracted Driving Cases Matter
Every distracted driving case that results in consequences sends a message. Drivers need to understand that glancing at a phone or eating while driving can destroy lives. When distracted drivers face accountability, roads become safer for everyone.
Victims of these crashes deserve every dollar they can get. Medical bills pile up fast. Lost wages hurt families. Pain and suffering is real and lasting. The legal system exists to make things as right as possible after an accident, and that means holding negligent drivers responsible.
Anyone hurt by a distracted driver should focus first on medical treatment, then on protecting their legal rights. Document everything, save all medical records and bills, and don’t give recorded statements to insurance companies without legal advice. What seems like a simple conversation can be used against victims later.
The right lawyer makes all the difference in distracted driving cases. At Mass Injury Group we know what evidence to look for.
Visit us at 15 Broad St #800, Boston, MA 02109.
Call us on (617) 263-0060 for a free consultation.