The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as “any activity that diverts attention from driving.” According to the Association for the Advancement of Automotive Medicine, distracted driving accidents kill more than 3,300 people and cause an additional 400,000 injuries each year in the United States.
When a distracted driver crashed into your vehicle or collided with you while you walked along a Boston street, you became the victim of someone else’s negligence. Whether they illegally used a handheld device or something else distracted them, they are guilty of negligence when their action causes harm to another.
If you suffered injuries or property damage in an accident caused by distracted driving, you might want to discuss your situation with a Boston distracted driving accident lawyer. Call Ben Crump Law, PLLC, today at (800) 959-1444 for a free case review with a team member.
New State Law Bans Use of Electronic Devices While Driving
On February 23, 2020, Massachusetts became the 16th state to outlaw the use of electronic devices by drivers unless they use the devices in hands-free mode. People should not text, check email or social media, or place phone calls while driving their vehicle or face increasing fines and penalties, according to Mass.gov. Activities such as these distract drivers by causing them to look away from the road and remove their hands from the steering wheel to engage their device.
The state had already banned texting and driving in 2010, but police officials said that they could not tell from a distance if a driver had texted or merely made a phone call. They also made the point that when a distracted driver using a handheld device caused an accident, no matter how they used it, the crash was avoidable. The legislature responded to their analysis and banned the use of handheld devices altogether.
Other Forms of Distracted Driving
Using your cell phone while behind the wheel is not the only form of distracted driving that could cause an accident. Other distractions include:
- Eating or drinking
- Putting on makeup
- Looking at a map or GPS device
- Reaching for something in the glove department
- Adjusting the radio
- Restraining a child or pet
For a free legal consultation with a distracted driving accidents lawyer serving Boston, call (844) 638-1822
Distracted Drivers Cause Harm and Expense
When you become involved in a distracted driving accident, you incur many expenses. These expenses may include:
- Towing expenses
- Auto repair or replacement
- Other property damage
- Insurance deductibles
- Medical bills
- Physical therapy and rehabilitation
- Mental health treatment
- Lost wages and benefits
- Rental car costs
- Pain and suffering
This list does not include every possible expense you might face after a car accident. If a loved one died because of the accident, you would have funeral and burial costs, loss of consortium, and other damages.
Boston Distracted Driving Accident Lawyer Near Me (844) 638-1822
What a Lawyer Can Do for You
A Boston distracted driving accident lawyer can ensure that you do not experience financial hardship from having to pay for the damages stemming from an injury you suffered through no fault of your own. They can handle everything related to your insurance claim or personal injury case.
One thing a car accident lawyer will advise against doing is to speak extensively with insurance companies. Insurance companies do not want to pay on claims, and if they must, to pay as little as possible. When you speak to an insurance company, you might jeopardize your chance at a settlement that fully meets your needs. An insurance adjuster might ask how you feel that day or who was to blame for the accident, hoping to elicit an answer that damages your case. You want to leave these conversations for a lawyer to handle.
Proving Negligence Key to Successful Claim
An attorney can seek compensation for you by proving the other driver’s negligence. In the context of personal injury law, negligence means the other driver did not exercise reasonable care while driving. The law defines reasonable care as how another driver would act under the same or similar circumstances.
To file a successful claim, a lawyer will attempt to prove that:
- The other driver had a duty to drive with reasonable care.
- The other driver breached that duty.
- You suffered harm or injury because of that breach.
A personal injury lawyer can interview witnesses, collect evidence, and work on reconstructing the accident scene. They can look at police and medical reports and speak with experts.
After determining liability, a lawyer can help you file a lawsuit if you cannot come to terms with an insurance company. They can also file a wrongful death claim if a loved one died in the accident. An attorney will stay in close touch with you and keep you informed and ready for every step of the process.
Statute of Limitations
A Boston car accident lawyer will also know the statute of limitations for pursuing your case in court. According to Massachusetts General Laws Chapter 260 § 2A, you have three years to file a personal injury claim. You want to make sure you proceed without delay once you decide to seek justice, giving a lawyer enough time to build your case and calculate your damages before the deadline passes.
Your Road to Justice Can Begin Today
Call Ben Crump Law, PLLC, today at (800) 959-1444 for your free consultation with a team member. Our Boston distracted driving accident lawyers do not shy away from tough cases, and if necessary, we will go to court to fight for your rights.
You do not have to concern yourself about legal fees. We work on a contingency fee basis, meaning we do not receive any money unless you receive a settlement or court award. The sooner you call, the sooner we can get started working together to fight for the justice and compensation you deserve.