Distracted Driving Accident Lawyer in Massachusetts

Distracted Driving in Massachusetts

Massachusetts law prohibits all handheld electronic device use while driving. Drivers who use phones to text, browse, or access apps while operating a motor vehicle are violating this law and are negligent per se when that distraction contributes to an accident. But driver distraction extends beyond electronic devices: eating and drinking, adjusting infotainment systems, talking to passengers, reading, and any other activity that diverts attention from driving creates civil liability when an accident results. Attorney Jeffrey C. Lavey represents distracted driving accident victims throughout Massachusetts.

Proving Cell Phone Distraction

Cell phone records are the most direct evidence of phone-related distraction at the time of an accident. Wireless carrier records show the exact timing of calls, texts, and data connections, which can be compared to the accident time to establish that the driver was actively using their phone. These records are obtained through a court subpoena to the wireless carrier. Attorney Lavey issues subpoenas for cell phone records as early as the legal process permits in every suspected phone-related distracted driving case.

Other Forms of Distracted Driving

Driver distraction beyond phone use includes: adjusting a GPS or navigation system while driving; eating and drinking; operating the radio, climate control, or infotainment system; reaching for objects in the vehicle; and attending to children or pets in the vehicle. Evidence of these distractions comes from witness observations of the driver’s behavior before the crash, the driver’s own admissions, dashcam footage, and the physical evidence of the crash itself including the absence of pre-impact braking. Attorney Lavey pursues all forms of distraction evidence in every distracted driving case.

Employer Liability for Distracted Driving by Employees

When an employee was using a work-provided phone for business purposes or was responding to work-related communications at the time of a crash, the employer may share liability for the resulting injuries. Employers who require employees to communicate by phone while driving, or who fail to implement policies prohibiting handheld device use during driving time, may be directly negligent in addition to being vicariously liable for the employee’s conduct. Attorney Lavey investigates employer phone use policies in every work-related distracted driving case.

Compensation for Distracted Driving Accident Victims

The deliberate, illegal choice to use a handheld electronic device while driving is a particularly egregious form of driver negligence, and the full range of Massachusetts personal injury damages is available: medical expenses, lost wages, pain and suffering, and future costs for serious injuries. The circumstances of the distracted driver’s conduct are relevant to the complete picture of damages. Attorney Lavey pursues full compensation for every distracted driving accident victim.

Frequently Asked Questions