Distracted Driving Is One of the Leading Causes of Accidents in Massachusetts
Despite widespread awareness of the dangers, distracted driving — especially texting and phone use — continues to cause thousands of accidents in Massachusetts every year. When a driver’s distraction causes your injury, you have the right to hold them fully accountable. Here’s what you need to know about your legal rights after a texting and driving accident in Massachusetts.
Massachusetts Distracted Driving Laws
Massachusetts law prohibits all drivers from using handheld mobile devices while operating a vehicle. Texting while driving is explicitly banned and carries escalating fines for repeat offenses. Violating this law is powerful evidence of negligence in a personal injury lawsuit — it demonstrates the driver was breaking a safety statute designed specifically to prevent the kind of accident that injured you.
How Phone Records Prove a Driver Was Texting
The most definitive evidence of texting while driving is the at-fault driver’s cell phone records. Through the civil discovery process, your attorney can subpoena the driver’s carrier for records showing calls, texts, and data usage timestamped at the exact moment of the crash. Even if the driver denies texting, carrier records cannot be falsified. Our attorneys file preservation requests immediately after an accident to ensure phone data is not lost before a lawsuit is filed.
Other Evidence Used in Distracted Driving Cases
Beyond phone records, our attorneys pursue additional evidence including eyewitness accounts of the driver looking at a phone before impact, dashcam and surveillance camera footage showing the driver’s behavior, accident reconstruction analysis showing a failure to brake or react to road conditions, and social media activity — posts, stories, or check-ins made at the time of the crash. Building a comprehensive evidence base is what separates a strong case from a weak one.
Damages Available After a Texting Driver Injures You
Victims of texting and distracted driving accidents can recover all medical expenses, lost wages, future lost earning capacity, pain and suffering, emotional distress, permanent disability, and property damage. Because distracted driving involves a conscious choice to violate the law, these cases often resonate strongly with juries, which can influence settlement values significantly.
Call Larson Law After a Distracted Driving Accident
If you were hit by a texting or distracted driver in Massachusetts, call Larson Law at 508-888-8888. We move fast to preserve phone evidence and build airtight cases. Free consultation — no fee unless we win.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.