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Texting While Driving Accident Lawyer in Massachusetts
Texting while driving is illegal in Massachusetts and creates clear liability. Attorney Jeffrey C. Lavey subpoenas phone records and builds definitive proof of distraction in every texting driver accident case. Free consultation. No fees unless we win.
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
Denial does not prevent proof. Cell phone records from the wireless carrier establish objectively what the driver was doing on their phone in the moments before the crash. If records show a text message was sent or received within seconds of the collision time, the evidence speaks for itself. Attorney Lavey obtains these records through the legal process in every suspected texting accident case.
Active texting is the most common distracted driving scenario, but other phone uses are equally illegal under Massachusetts law. A driver who was scrolling through social media, watching a video, using navigation in a handheld way, or engaged in any other active device interaction is in violation of the law. Phone records can establish which apps were active and what data was transmitted. Attorney Lavey examines all phone activity, not just texting.
No. Massachusetts law prohibits any handheld electronic device use while driving, including mapping apps used in a handheld manner. Any active device use that requires the driver to hold the phone is both illegal and negligent. The specific activity being performed is relevant to establishing the violation but does not change the liability analysis.
Hands-free device use is generally legal under Massachusetts law, though it still creates some cognitive distraction. If the driver was using a hands-free system legally, the distracted driving claim based on handheld device use does not apply. However, if the resulting crash was still caused by negligent driving, failure to observe traffic conditions, failure to stop in time, those standard negligence claims remain fully available.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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