Cellphone Car Accidents
Massachusetts Personal Injury Lawyers For Cellphone Car Accidents
Drivers talking on cellphones or text messaging while driving are, according to the National Highway Traffic Safety Administration (NHTSA), much more likely to be involved in an accident to being distracted. Nationally over 25 percent of all accidents occur due to driver distraction. Year after year, unsafe cellphone use continues to grow, resulting in hundreds of thousands of injuries and over 2,500 deaths yearly.
Massachusetts Passes New Anti-Texting Laws
On September 30, 2010, Massachusetts anti-texting law took effect. It prohibits the use of any mobile device used to:
- Write electronic messages such as texts, instant messages and emails
- Read electronic messages
- Send electronic messages
- Surf the internet
- Play video games
- Watch TV
These activities are barred, even if you are stopped at a stop light, stop sign or stopped in traffic. If you get stopped, you could be fined anywhere from $35 to $150.
Mobile devices include any handheld or portable electronic equipment that
provides data communication between two or more persons, which include, but are not limited to, mobile telephone, text message device, paging device, PDA, laptop, portable video game system or a machine that can accept TV broadcast.
Mobile devices do not include any equipment that is installed or otherwise affixed either temporarily or permanently to a motor vehicle for the purpose of providing emergency assistance to the operator of the vehicle or for the purpose of assisting navigation or to entertain passengers in the rear seats of a motor vehicle. The above devices must be installed temporarily or permanently in the car, even if used by children in the rear seats. Mobile phones that are handheld can be used to talk as long as one hand remains on the wheel. There is an exception to this rule, and that is the operator must be over the age of 18. Teens can face fines and reinstatement fees of $200 to $600, as well as a 60-day to 365-day loss of license, depending on whether it is their first, second or third offense.
Despite the existence of these strict laws, many drivers continue to disobey them resulting in staggering numbers of car accidents resulting in serious injury or death. If you or a loved one has been injured as a result of a driver violating the above cellphone/electronic device laws, please contact us by email or telephone.
The Massachusetts injury attorneys at Ellis Law Offices have more than 50 years of combined experience helping accident victims in Boston, Worcester, Fitchburg, Springfield and other towns and cities throughout Massachusetts.
Cellphone Use Results In Distractions
Talking on a handheld cellphone is the most common type of cellphone distraction that commonly results in motor vehicle accidents. Even if the Massachusetts texting Law has not been violated, i.e., being over 18 years old and having one hand on wheel, the cellphone use in many cases can be deemed a factor that distracts a driver and thus can be considered as a cause of a car crash.
The acts of text messaging and email have drastically increased in recent years. This easy access via portable devices has lured drivers to such use in very dangerous conditions such as during the operation of a motor vehicle. This results in drivers taking their eyes off the road for long periods of time.
Hands-free cellphones though permitted under Massachusetts law can still be deemed a distraction and the cause of a motor vehicle accident as it pertains to a civil liability personal injury case.
The Cause Of Cellphone Accidents Is Not Always Immediately Apparent
Oftentimes, litigation is needed to secure the other driver’s cellphone records during production of documents where it can be learned if a cellphone or other electronic device contributed or caused the car accident. This is why Ellis Law Offices begins every case with a thorough investigation of all the facts and relevant laws to determine all possible causes of the car accident.
Contact Worcester, Suffolk And Middlesex County Car Accident Lawyers At Ellis Law Offices
If you or a loved one has been injured and think cellphone use may have contributed to the accident and your injuries, you need to hire an experienced attorney. For a free consultation with a lawyer about your car accident, contact our Massachusetts law firm by email or telephone. For your convenience, home and hospital visits are available upon request.