Texting While Driving Accidents
It can be tempting to reach for your cell phone while driving to check for messages or to send a message to someone. But even if it’s only a few characters long, that message can result in a serious car accident and devastating injuries. Most people are aware of the damages of texting while driving, yet this hasn’t stopped thousands of people from continuing to do it even with passengers in their vehicles or during inclement weather. At the Law Offices of Barry Feinstein and Affiliates PC, we have handled countless cases involving catastrophic injuries and painful disabilities that resulted from a distracted driver. If you were hurt by someone who was texting while driving, a committed Massachusetts car accident lawyer at our firm is ready to help you explore your rights to compensation.Distracted Driving is Dangerous
In 2017, over 3,000 people died as the result of car accidents involving texting while driving according to the National Highway Traffic Safety Administration. Each day, roughly 9 people die and over 1,000 are harmed in crashes that arise from driving while distracted, which includes texting while driving as well as other things like talking on the phone. There are three main problems with distracted driving. First, it requires the driver to take his or her eyes of the roadway. Second, the driver must take at least one hand off the wheel to use his or her cell phone. Third, your mind becomes distracted by the texting activity. This creates a perfect storm for an accident.
One group in particular that suffers some of the highest distraction rates is teens. They have the least amount of experience when it comes to navigating the roadways and may not understand how much can change during the seconds that they take their eyes off the road to write or read a text. Unsurprisingly, they also have the highest proportion of fatalities related to distracted driving accidents. During 2017, 9% of all teen car accident fatalities involved a distracted driver.
Because of these dangers, many states have enacted bans on distracted driving. In Massachusetts, drivers are prohibited from using cell phones and any other mobile devices while driving, regardless of whether they are stopped in traffic. Drivers under the age of 18 are additionally banned from using hands-free devices and must refrain from cell phone usage of any kind while driving.Seek Compensation for Your Injuries
If you were hurt in a crash that a distracted driver caused, you can bring a personal injury action to recover compensation for the financial expenditures and other damages that you incur as a result of the crash. There are a few things that a plaintiff must prove in a negligence suit before he or she will be awarded compensation. First, you must show that the other driver owed you a duty of care. When it comes to the road, all drivers have a duty to operate their vehicles with the same level of reasonable care that a prudent person would use while driving. This standard encompasses any unique aspects of the situation such as a heavy winter storm, road hazards, or heavy traffic. Next, you must show that the defendant failed to act according to this standard. Evidence proving that the defendant was texting while driving would likely satisfy this requirement because a prudent driver would not be distracted with a cell phone behind the wheel.
Next, you must show that the defendant’s failure to drive according to the standard of care was the direct and foreseeable cause of your injuries. The defendant may try to point to some other factor such as a poorly designed roadway or even your own negligent conduct. The last phase of the lawsuit turns to assessing the amount of compensation that you are entitled to receive, such as amounts for medical bills, lost wages, reduced future earning capacity, and pain and suffering. A seasoned accident attorney can help you ensure that you request the maximum amount of compensation that you deserve.Meet With a Compassionate Massachusetts Lawyer After a Car Accident
Car accidents are always stressful and disruptive. Let an attorney at our Massachusetts firm put our experience and knowledge to use for you. We have handled texting while driving car accident cases and will assist you with all aspects of your claim including gathering evidence and working with insurance companies. We are available to serve residents of Boston, Cambridge, Lowell, Newton, Somerville, Waltham, Dedham, Norwood, Quincy, Brookline, and Peabody. To schedule your free consultation, call us at 1-800-262-9200 or contact us online.