Although most drivers in Roxbury know texting while driving can be extremely dangerous, they still may peek at a message while in traffic or answer a text while waiting at a stop light. Not only does this behavior violate traffic laws, it could distract someone and lead to a car accident. If you were injured due to another driver texting behind the wheel, it is worthwhile to consult a Roxbury texting while driving car accident lawyer. A steadfast car accident attorney who understands cases involving text messaging could help you determine your next step so you may recover compensation.
When someone operates a motor vehicle on public roads, they owe certain duties to everyone they encounter. They are expected to use a reasonable amount of responsibility and caution. This includes following all the rules of the road and avoiding unnecessary distractions.
When a driver fails to meet the duty of care owed to those around them, they may be liable for the consequences, including any injuries that result. If a driver’s actions amount to negligence, there may be grounds to seek compensation through a civil lawsuit. An experienced Roxbury texting while driving car accident lawyer could help people understand the potential for a claim and assist with filing legal actions against allegedly negligent drivers.
Using a cell phone or other handheld device to write, read, or send messages is prohibited by Massachusetts General Laws Ch. 90 Section 13B. This statute further states that the prohibition does not apply if a vehicle is not moving and located in a spot not designated for driving. An experienced Roxbury texting while driving car collision attorney could help determine if a driver’s actions constitute texting and fight against aggressive insurance companies who may argue the statute does not apply.
Regardless of whether a driver’s conduct violates the traffic law, if their behavior constitutes negligence, the driver may be liable for the related accident. For example, if a driver stopped at a right-hand lane, answers a text message, and allows their vehicle to drift forward into another car or pedestrian, the failure to pay attention could constitute negligence. Positive demonstration of negligence may lead to driver liability for damages.
Massachusetts law establishes limitations that may affect recovery in car accident lawsuits. The statute of limitations requires injured people to file any legal claim within three years of the date of the accident. Lawsuits filed after that time are generally not allowed.
The comparative negligence rule may limit the amount of compensation an injured person could receive in a legal case. As long as the person seeking recovery is not more than 50 percent at fault for the accident, they may still seek damages if their own negligence contributed to the cause. However, the amount will be reduced by the percentage equal to their share of liability.
The line that determines whether a driver is operating responsibly can be difficult to ascertain and even more difficult to prove. Fortunately, you do not need to demonstrate the cause of a texting car crash alone. A Roxbury texting while driving car accident lawyer could collect evidence of injuries and advise on the potential for legal damages. Allowing an attorney to evaluate your situation may help you understand your legal options. Before you decide your next step, reach out to a seasoned legal advocate to discuss your case.