Were you injured in an accident caused by a motorist who was using his or her phone behind the wheel? If so, you deserve compensation for your injuries. Our Massachusetts car accident attorneys are well versed in the specifics of personal injury law and can apply our knowledge to your claim. We strongly believe that you should not have to suffer just because another motorist acted with disregard for your safety by using his or her cell phone while driving.
In 2010, Massachusetts banned texting and emailing behind the wheel but did not implement a full ban on hand-held devices used to make phone calls. Since then, lawmakers have tried to pass several laws in an effort to ban drivers from using hand-held devices while driving, with the goal of reducing distracted driving accidents in the state. Last month, the Massachusetts House of Representatives overwhelmingly voted 155-2 to pass Bill H.3793, which bans drivers from using hand-held cellphone and electronic devices while driving. In other words, the bill would prohibit drivers from using any mobile electronic device while driving, unless it was being used in hands-free mode. This means they would be barred from reading texts, viewing images, or watching videos as well.
If you have been injured in a crash caused by a distracted driver, you may be able to recover compensation through a negligence claim. Negligence occurs when a person breaches the standard of care owed to another person, directly causing an accident or some type of harm. The standard of care refers to the level of care and caution that a reasonably prudent driver would have used in the same situation. Since being on one’s phone and driving at the same time is a behavior that is known to be dangerous, it would clearly be considered ‘unreasonable’ to a prudent person. As a result, if a driver caused a crash in this manner, he or she would likely be on the hook for any resulting damages.
If the hands-free driving bill becomes law, anyone injured in an auto accident caused by a driver on his or her phone could seek damages through a negligence per se claim. Negligence per se is a doctrine whereby an act is considered negligent because it violates a law or statute. Unlike with ordinary negligence, a plaintiff alleging negligence per se does not need to prove that a reasonable person would have acted differently. Instead, the behavior is automatically considered negligent, and the focus of the claim will be whether the conduct directly caused harm to the plaintiff.
Using a hand-held device behind the wheel puts everyone on the road at risk. If you have been injured in a car accident caused by a driver who was using his or her cellphone while driving, we can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our hardworking Massachusetts distracted driving accident attorneys can investigate the facts of your case and come up with a strong legal strategy accordingly. Our goal is to get you the full and fair compensation you deserve for your harm. For more information, call us today at 1-800-262-9200 or contact us through our website.