Texting While Driving Accident Lawyer in Massachusetts

Texting While Driving: Clear Liability Under Massachusetts Law

Massachusetts law prohibits the use of handheld electronic devices while operating a motor vehicle. A driver who was sending or reading a text message, browsing social media, watching a video, or engaging in any other handheld device use when a crash occurred is in violation of this law and is liable for the resulting injuries. The violation is both a traffic infraction and direct evidence of negligence per se in any civil proceeding. Attorney Jeffrey C. Lavey represents texting-while-driving accident victims throughout Massachusetts.

Proving Texting Through Cell Phone Records

The most direct evidence that a driver was texting at the time of a crash is their cell phone records, specifically, call and message logs that show what the driver was doing on their phone in the minutes before and during the crash, with timestamps that can be compared to the accident time. These records are held by the driver’s wireless carrier, not by the driver. Attorney Lavey obtains them through a court subpoena issued to the wireless carrier as part of the discovery process. The driver’s phone itself may also contain recoverable data through forensic analysis.

Timing Is Critical

Cell phone records must be requested promptly. Wireless carriers retain message and call logs for varying periods, and forensic recovery from the phone itself is easiest when the device has not been reset or replaced. Attorney Lavey issues written preservation demands to the wireless carrier and, where appropriate, requests the court to compel preservation of the driver’s device data as early as possible in every texting accident case.

Employer Liability When Employees Text on Work Phones

When an employee was using a work-provided or work-required phone for business purposes at the time of a crash, the employer may share liability for the resulting injuries. A company that requires employees to respond to messages while driving, or that provides devices used for work-related communication without policies against use while driving, may be independently negligent. Attorney Lavey investigates employer phone policies in every work-related distracted driving case.

The Full Damages Picture in Texting Accident Cases

The same full range of compensation is available in texting accident cases as in any Massachusetts car accident claim: medical expenses, lost wages and earning capacity, pain and suffering, and future costs for serious injuries. The deliberate, illegal nature of texting while driving, a choice the driver made knowing it was dangerous and unlawful, is highly relevant to the pain and suffering evaluation and to presenting the full wrongfulness of the driver’s conduct to a jury if necessary.

Frequently Asked Questions