In 2010 the Massachusetts Safe Driving Act was passed and signed into law. It says that drivers are prohibited from texting and operating a vehicle. Furthermore, it says that any driver under the age of 18 may not use a cell phone while operating a motor vehicle.
What is the Mass Law About Texting and Driving?
Collisions as a result of distracted driving have caused significant injuries. While many motor vehicle accidents are small, some cause serious and permanent injuries. This was the reason for the law.
The use of cell phones accounts for a large percentage of “distracted driving” in Massachusetts. Of course, operating a radio, eating, even drinking your coffee can distract you as well. However, national statistics show that more than 20% of motor vehicle collisions are as a result of distracted driving and 16% of motor vehicle fatalities were as a result of cell phone use.
Distracted driving is on the rise, thus, the Massachusetts Safe Driving law was enacted.
How Can We Prove That the Negligent Driver Was Texting?
Phone records can be subpoenaed. Further, there may be a witness in the negligent driver’s vehicle who could testify as to what was going on in the vehicle. In serious motor vehicle collisions in Massachusetts, the police investigators often find an open phone in a conspicuous place. Finally, you, or a passenger in your vehicle can often testify as to what you saw the other driver doing with his or her hands just prior to the collision.
Again, there are “distractions” other than texting. Inexperienced drivers may be talking and gesturing and looking in the wrong direction. Someone with a small child may be temporarily looking backward to assist the child. Alcohol can cause impairment and inability to focus on the road. All of t this will be considered by an aggressive personal injury attorney.
What is Involved in a Distracted Driving Case in Essex County?
Attorney Houten will secure all medical records, medical bills and your lost wage information. Significantly, Attorney Houten will secure the evidence necessary to prove that you were the victim and that the negligent driver was…negligent. He will do this by gathering police and accident reports, taking witness statements, using photographs, and, as mentioned above, securing the phone records of the other driver.
Most cases don’t go to trial. When the negligence is clear, the insurance company for the negligent driver will admit liability and discuss damages. This is the reason you need an experienced personal injury attorney.
Get an Experienced Lawyer for a Texting While Driving
Attorney Tim Houten has been representing victims of distracted driving since 1982. Of course, there were no cell phones back then! Nevertheless, having been in court on motor vehicle cases, criminal cases, and all types of civil cases, Attorney Houten knows how to prosecute a case for texting while driving. He will aggressively pursue your case and secure the best possible result.
Call Attorney for a free consultation. There is no fee until and unless he is successful in resolving your case.