Distracted driving is one of the main causes of car wrecks. Cellphone use while driving leads to 1.6 million car crashes each year, according to the National Safety Council. This is why Massachusetts, and many other states, have passed laws that restricted cellphone usage for drivers. If you have been injured in a car accident due to the other driver using a cellphone at the time of the wreck, reach out to a seasoned car collision attorney. An accomplished lawyer has experience handling Boston car accidents involving cellphones cases and could fight to ensure that you are able to receive the compensation that you deserve.
In Boston and Massachusetts, there are strict cellphone and texting laws in place in order to reduce the number of Boston car accidents involving cellphones. When someone is driving a vehicle, they are not supposed to be texting or even have the cellphone in their hand at all. If an individual is going to make a call, they may talk hands-free. Many cars come with Bluetooth technology, which is the proper way to talk on the phone while driving.
However, even within the allowed use of the phone, there are still some restrictions. A person cannot use their phone to dial to make a call or search for numbers on their phone. Also, a driver is not allowed to text, watch videos, or engage in social media. They cannot physically have their hand-held device up to their ear to use it to speak either. If a person ignores these laws, they can be pulled over and given a citation.
Cellphone laws apply very strictly to beginner or novice drivers in Boston. It is against the law for a novice driver to use their cellphone. As a beginner on the road, they should avoid all distractions that could impact their ability to drive their vehicle. A novice driver should pay attention to all their surroundings and drive very carefully as they gain experience behind the wheel.
If someone is injured in a Boston car accident involving a cellphone and they were actually using their phone, then it could negatively impact their injury claim. If the defense can show that the plaintiff was on the phone at the time of the accident, then they could argue that the plaintiff contributed to the wreck. When an attorney represents an individual in a car crash, their job is to figure out and show how the other driver involved in the accident was at fault.
If a defendant was using a cellphone at the time of the collision, then the plaintiff’s attorney is going to work tirelessly to prove that the cellphone usage constitutes fault. The defendant, by using their cellphone, was doing something illegal at the time of the accident. Therefore, this fact can help a skilled personal injury attorney recover damages for the plaintiff.
In a case in which both the plaintiff and the defendant are proven to be using a cellphone then both have broken the law. However, it does not necessarily make someone at fault in an accident. It is similar to someone speeding on the highway. They can get pulled over for a ticket as it is illegal to speed on the highway. However, if the driver was rear-ended by another car, even though they were speeding, they are not at fault for the accident. In other words, the fact alone that someone was on their cellphone does not make them at fault for the accident.
In Massachusetts, in order to obtain someone’s cellphone records, there needs to be an actual legal reason to do so. Often, the insurance companies will ask for cellphone records as part of their search, and opposing parties have a duty to cooperate. If the request is reasonable, the individual has to turn the cellphone records over. However, this usually only happens under special circumstances. If the claim ends up going to court, then a person’s cellphone records may be included in discovery.
To see how an attorney could help you recover following any Boston car accidents involving cellphones, call today to schedule a consultation.