Distracted Driving Accidents
Car Crash Lawyers Serving Injured Individuals in Boston
Driving in Massachusetts is a privilege, not a right. Distracted drivers sometimes abuse that privilege, which all too often results in serious injuries to other motorists. This is one of the most common causes of car accidents and a leading cause of crash-related injuries. It is not uncommon to see someone texting on his or her cell phone, eating, applying make up, or even reading the newspaper while driving. At Lowney Law, LLC, our car accident attorneys have over 15 years experience asserting the rights of Boston residents who have been hurt as the result of another motorist’s distracted driving.
Assert Your Right to Compensation against a Distracted Driver
It is difficult to exercise the appropriate level of care that is required to operate a vehicle safely while one is distracted with a cell phone or another activity while driving. The applicable duty of care requires drivers to operate their vehicles with the same care that an ordinary and prudent person would in a similar situation. Additionally, the Massachusetts Anti-Texting Law prohibits a driver from texting, emailing, or reading from their handheld devices, including iPads and tablets, while driving. This law does not prohibit adult drivers from talking on a cell phone behind the wheel, but it does prohibit persons under the age of 18 from using their cell phones for any purpose while driving. Truck drivers and bus drivers are subject to a federal law that prohibits them from texting while driving.
If the negligent driver responsible for your injuries is a truck driver or bus driver, it is important to understand how this law may affect your claim. Failure to act according to one’s duty behind the wheel, or to abide by these laws, constitutes a breach of the standard of care. These are the first two elements of a negligence claim, which is the usual cause of action that arises from a motor vehicle accident.
After establishing the type of duty involved and that the defendant breached that duty, the victim must next show that his or her injuries were the direct result of that breach, which is referred to as causation. Since distracted driving accidents happen in the blink of an eye, the impact is typically sudden and severe, resulting in serious harm. Once the plaintiff has proven causation, he or she may offer evidence supporting the extent of the injuries suffered and other damages related to the collision.
If you have been harmed by a distracted driver, he or she may be liable to you for a number of damages, including medical expenses, lost wages, lost future earning capacity, physical therapy, property damage, and pain and suffering. However, it is likely that an insurance company will represent the person who caused the accident. Insurance companies and their lawyers do everything they can to avoid making payments to an injured person. For that reason, it is crucial to hire a skilled attorney who is familiar with the variety of damages to which you may be entitled, and who has experience negotiating aggressively with insurance companies.
Consult a Boston Attorney to Discuss Your Motor Vehicle Collision Claim
If you or someone you know has been injured in the Boston area as the result of a distracted driver’s negligent conduct, the motor vehicle collision lawyers at Lowney Law, LLC are here to help. We provide legal guidance to residents in Suffolk County and elsewhere in Massachusetts, including Boston, Dorchester, Hyde Park, Jamaica Plain, Mattapan, Roslindale, Roxbury and West Roxbury. Our initial consultation is free, and we do not recover any fees unless we obtain a settlement or judgment in your favor. Call us now at 617-364-8000 or fill out our online form to start exploring your potential claim.