Massachusetts law prohibits texting while driving. Additionally, a hands-free law was recently passed as well to stop drivers from holding their phones even when just making calls. Combined, these laws make it clear that drivers should avoid distractions while driving as these contribute to a large portion of auto accidents nationwide. If you’re involved in an accident, here’s what you should know about personal injury cases involving distracted driving.
Distracted Drivers Can be Held At Fault for Accidents
Determining fault is critical in auto accidents. Sometimes one party is 100% at fault, but it’s also common for multiple drivers to carry partial fault. If you were a driver, proving cell phone use by other drivers can help shift percentages in your favor. If you were a pedestrian, it can prove negligence. Distractions can either cause accidents or prevent drivers from taking reasonable steps to avoid accidents. Both are equally important.
Proving Cell Phone Usage Can Be Challenging
It’s unlikely that drivers willingly admit to distracted driving. You may have seen a driver on their phone, but your testimony simply isn’t enough when you, yourself, are involved in an accident. You’ll need testimony from witnesses unrelated to you and/or official cell phone records. Obtaining records from cell phone companies typically requires a subpoena, which your personal injury attorney can assist with.
Why Work with an Attorney on Personal Injury Cases Involving Distracted Driving
Personal injury cases involving distracted driving have some unique challenges. It adds yet another element to the circumstances surrounding an accident. Using a cell phone, alone, may not be enough to prove fault or negligence. It must be combined with other facts and even scientific data. For example, you might argue that a driver may have been able to avoid an accident had he/she not been distracted, and that a few seconds have a huge impact on the outcome of an accident. Accident reconstruction experts and creative ways of approaching your case may be needed. This is why working with an attorney experienced in personal injury cases is so important. Your attorney will understand how best to approach your case and protect your best interests.