Distracted Driving Car Accident Lawyers
Their eyes were on a screen, not the road.
When a distracted driver drifts into you because their attention was on a phone and not the road, the crash is theirs and Massachusetts law lets you recover for the harm it caused.
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What a distracted driving car accident claim covers
A distracted driving crash happens when a driver takes their eyes, hands, or attention off the road, usually for a phone, and drifts into a lane, misses a stop, or never brakes for the car in front of them. When you are the one they hit, the crash was not bad luck or a shared mistake. It was the direct result of a driver deciding that whatever was on their screen mattered more than the road in front of them. A Boston personal injury attorney at Larson Law can pull the evidence that shows they were distracted, match it against what the law required of them, and build the case that puts the cost on the driver who looked away. The consultation is free, and there is no obligation.
Distracted driving cases carry a particular frustration, because the danger is so avoidable and so ordinary. Almost every driver knows they should not text and drive, and almost every driver has done it anyway. When that habit finally hurts someone, the at-fault driver rarely admits the phone was in their hand; instead they and their insurer suggest you stopped short, that you came out of nowhere, that the crash was somehow yours. Knowing that the phone is exactly what they will not mention is the first step toward proving it was there.
You may be replaying the crash, wondering whether you could have seen it coming or done something differently. That doubt is natural, but it is not the legal question. The law does not ask whether a perfect driver could have escaped a car whose driver was not looking; it asks whether the other driver kept the attention the road required. Keeping the case fixed there is how we make sure your honest uncertainty is never turned into an admission you never meant to make.
None of this makes the other driver’s choice your fault. Drivers are expected to look up, to leave following room, and to keep their eyes on the road precisely because ordinary things happen ahead of them: a light changes, a car slows, a person steps off a curb. A driver who was watching handles those moments; a driver on a phone does not. The failure was theirs, and the law measures the crash against the attention they owed the road, not against whether you could have done the impossible.
What our clients say
Why injured drivers call us first.
- We pull the phone records and the vehicle data that show the other driver was distracted.
- We answer the insurer’s shared-fault arguments before they can chip away at what you are owed.
- We line up the medical proof so every lasting cost is counted, not just the first hospital bill.
- We know the Boston roads and intersections where distracted-driving crashes keep happening.
- We handle the adjusters and the paperwork so you can focus on healing, not on fighting the claim.
- No fee unless we win.
- Free case review, no obligation.
- Available 24/7 for your call.
- Decades of trial experience.
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100+ Injured Victims Helped
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How Massachusetts distracted-driving law works.
The hands-free law. Massachusetts draws a bright line around distracted driving. Under G.L. c. 90, §13B, no driver may hold a mobile electronic device or read or view text, images, or video on one while driving; a phone may only be used hands-free. A driver who was holding or looking at a phone at the moment of a crash was breaking that law, and that violation is powerful evidence of negligence in your injury claim.
How shared-fault arguments work. Massachusetts follows a modified comparative negligence rule under G.L. c. 231, §85. You can recover as long as you were not more at fault than the other driver, though your award is reduced by your own share. In distracted-driving cases the insurer’s move is to shift attention to you, that you braked suddenly, changed lanes, or could have avoided them, precisely because it draws attention away from the phone. The evidence of distraction is what answers that.
The deadline and how your own coverage fits in. Under G.L. c. 260, §2A, you generally have three years from the date of the crash to file suit; miss it and the claim is gone. Massachusetts is also a no-fault state, so your own Personal Injury Protection coverage under G.L. c. 90, §34M pays initial medical bills and part of lost wages regardless of fault. To step outside no-fault and pursue the distracted driver for full damages, including pain and suffering, your case must meet the tort threshold in G.L. c. 231, §6D, generally a set amount in medical expenses or an injury such as a fracture, permanent scarring, or loss of a sense. Serious distracted-driving collisions routinely clear that bar.
Proving distraction is often the whole case. Phone records, the vehicle’s own data, and the pattern of the crash, a driver who never braked, who drifted at a steady speed, who struck a stopped line of traffic, together tell a story a jury understands immediately. A driver looking at the road brakes; a driver looking at a phone does not. Building the claim is largely the work of showing which one this was.
It also helps to know that the hands-free law changed how these cases are proven. Because holding a phone is now itself illegal, evidence that the other driver was on a device is no longer just a fact about the crash, it is evidence they broke a specific safety statute written to prevent exactly this. That gives your claim a clear standard to point to, and it takes away the argument that using a phone behind the wheel was somehow normal or acceptable.
Where distracted driving car accidents happen
Distracted-driving crashes are not tied to one kind of road; they happen wherever a driver’s attention lapses. In Boston that means the stop-and-go on the expressways and Storrow Drive where a glance at a phone means rear-ending stopped traffic, the crowded downtown streets where a distracted turn catches someone in the crosswalk, and the neighborhood roads in Dorchester, Allston, and beyond where a drifting car crosses a line it never saw.
Because a distracted driver endangers everyone around them, we handle these claims across the full range of people they hurt. We represent drivers and passengers in Boston car accidents and the far more serious Boston truck accidents, where a distracted driver behind a heavy vehicle leaves little room to survive. We stand up for the road users a distracted driver never sees in time, from motorcyclists and pedestrians in the crosswalk to cyclists in the bike lane and riders on scooters, because a person with no metal around them has no defense against a car whose driver was looking down. Whatever you were doing when the crash found you, the question is the same: where were the other driver’s eyes?
What makes these crashes so hard to accept is how little was gained for so much lost. The other driver read a message or checked a notification, and handed someone else a recovery that can stretch for months. A claim cannot rewind that, but it can put the cost of that glance where it belongs, on the driver who chose the screen over the road. If you are not sure the other driver was distracted, that is exactly the question we exist to answer, and the review costs you nothing.
Wherever it happened, the pattern that gives a distracted-driving crash away is consistent: no braking, a late or absent reaction, an impact that a watching driver would have avoided. We know how to read that pattern on a Boston street and how to line it up with the records that confirm it, and the first review of it is always free.
The distracted-driving crashes we see
Distracted driving produces a few recognizable crashes, and each carries its own injuries. The most common is the rear-end collision, where a driver looking down never brakes for stopped or slowing traffic and hits at close to full speed. There is the lane-drift crash, where a driver’s car wanders across a line into oncoming or adjacent traffic while their attention is elsewhere. And there are the intersection and crosswalk crashes, where a distracted driver rolls through a signal or a turn without ever seeing the person who had the right of way.
The injuries follow the physics. A rear-end or drift crash at speed can cause whiplash and disc injuries in the neck and back, break bones, and produce the kind of head injury that is not obvious on the first day. A motorcyclist, cyclist, or pedestrian struck by a driver who never braked absorbs the entire collision. These are exactly the lasting, life-altering harms the hands-free law exists to prevent.
Much of the proof of distraction has a short life. Phone records must be requested before they are purged, the vehicle’s data can be overwritten when the car is repaired or scrapped, and nearby camera footage is recorded over within days. None of it depends on the other driver admitting the phone was in their hand; the records and the crash pattern speak for themselves. The sooner a lawyer is involved to preserve them, the harder it becomes for the at-fault driver to claim they were watching the road.
Because the proof is time-sensitive and technical, these are cases where getting a lawyer involved early changes the outcome. Preserving a phone record or a vehicle’s data is not something most people can do on their own, and once it is gone the at-fault driver’s denial is harder to answer. Acting quickly keeps the evidence, and the evidence keeps the case honest, and it keeps the pressure on the person who caused the crash rather than on the person who was simply driving with their eyes on the road.
Medical Bills and Future Care
Lost Wages and Earning Capacity
Pain, Suffering, and Hardship
Wrongful Death of a Loved One
What to do after the crash.
Photograph both cars and the damage
Photograph the vehicles, the point of impact, the skid marks or their absence, and the final positions before anything moves, because in a distracted-driving crash the lack of braking tells the story.
See a doctor even if you feel fine.
See a doctor promptly even if you feel only a little shaken, because the injuries a rear-end or drift crash causes can surface many days later, and an early record ties them squarely to the collision.
Call a lawyer before you settle up.
Before you accept the other driver’s version, let a lawyer pull the phone records, because the rules place the fault on the driver who looked away, and the evidence of distraction backs that story up.
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Talk to us before you talk to them.
If a distracted driver hit you in Boston, you should not have to prove you were paying attention to an adjuster whose job is to pay you less. Larson Law will take that fight off your hands. We will pull the phone and vehicle records, deal with the insurer, and make the case that the crash belongs to the driver who looked away. Call today for a free, no-obligation consultation, and pay nothing unless we recover for you.
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Our Clients.
Our Practice Areas.
Larson Law represents injured people across Boston in serious crash and injury cases. If a distracted driver hurt you, the hands-free law and the evidence are on your side, and we will use them to hold the responsible driver accountable for the moment they looked away.
Personal injury law in Boston answered directly.
Do I have a personal injury claim?
You may, if someone else’s carelessness caused your injury. The key questions are whether another person or company was negligent, whether that negligence caused your injury, and how serious the harm is. Many people are unsure whether their situation rises to a claim, especially when an insurer downplays it. A free review with an attorney is the best way to find out, because we can look at the facts, the evidence, and the insurance and tell you honestly whether you have a case and what it may be worth, at no cost to you.
What kinds of cases do you handle?
We handle the full range of serious injury and wrongful death cases, including car, truck, motorcycle, bus, rideshare, bicycle, and pedestrian crashes, slip and fall and other premises injuries, dog bites and animal attacks, injuries from dangerous or defective products, and fatal accidents. What these cases share is that someone was hurt by conduct that should not have happened. If you are not sure whether your situation fits, the simplest thing is to ask; the review is free, and we will tell you honestly whether we can help.
How much is my claim worth?
It depends on the severity of the injuries and their lasting effects. Value can reflect past and future medical care, lost wages and reduced earning capacity, pain and suffering, and the long-term impact of a serious or permanent injury, along with property damage in a crash. Every case is different, and the future care is often the largest part of a serious claim. Be cautious of anyone who promises a number up front; a careful attorney evaluates the claim only after reviewing how the injury happened and the full medical picture.
What if the insurer says I was partly at fault?
You can still recover as long as you were not more than half to blame. Under comparative negligence, MGL Chapter 231 Section 85, your compensation is reduced by your share of fault but not eliminated unless that share passes fifty percent. Insurers often exaggerate the injured person’s role to cut what they pay, sometimes based on little evidence. An attorney can present the full picture of how the injury happened and protect your recovery from an unfair or inflated fault argument.
Should I talk to the insurance company?
It is best to be cautious. The other side’s insurer, and sometimes even your own, may contact you quickly and sound friendly, but their goal is to limit what they pay, and an early recorded statement can be used against you while you are still hurting. You are not required to give one. An attorney can deal with the insurers for you, so you do not say something that is later taken out of context, and so the focus stays on the other side’s fault and your recovery rather than on the insurer’s bottom line.
How long do I have to file a claim?
Most injury claims must be filed within three years under MGL Chapter 260 Section 2A, and for an injured child the deadline is paused under MGL Chapter 260 Section 7. Claims involving a city or other public entity can carry much shorter notice deadlines. Because evidence fades and cameras record over their footage within days, it is best to act soon so the proof can be preserved well before any deadline approaches.
What if I cannot afford a lawyer?
You can. Larson Law handles injury claims on a contingency fee, which means there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim and working with any experts the case needs. You do not pay out of pocket while you recover, and we are only paid from a successful result. That arrangement exists so that anyone, regardless of their finances, can afford strong legal help after a serious injury.
Do I really need an attorney for my claim?
For a minor injury you may not, but for any serious injury an attorney usually makes a real difference. Insurers settle for less when no lawyer is involved, and the rules around fault, deadlines, and coverage are easy to get wrong on your own. An attorney levels the field, handles the insurers, proves the claim, and pursues the full value while you focus on recovering. Because the first review is free and we work on a contingency fee, there is no cost to find out whether you need one and what your claim may be worth.
How long will my case take?
It depends on the case. Some claims resolve in a matter of months through negotiation, while others, especially serious injuries that are still healing or cases an insurer refuses to value fairly, take longer and may require filing suit. It is usually wise not to settle until the full extent of your injuries is known, since you generally cannot reopen a claim later. An attorney can give you a realistic timeline for your situation and work to move the case as efficiently as possible without leaving money on the table.
What if a loved one died from an injury?
If an injury proved fatal, close family may bring a wrongful death claim under MGL Chapter 229. Such a claim can seek compensation for the loss of the person’s income, services, companionship, and guidance, along with funeral and related expenses. These cases are painful and the legal steps are complex, and an attorney can handle the investigation and the filings so the family can focus on each other, never paying anything up front and owing a fee only if there is a recovery.
How much does a personal injury attorney cost?
Nothing upfront. Larson Law handles personal injury claims on a contingency fee, so there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim, obtaining the records, and working with experts. We are only paid from a successful result, which lets an injured person take on the insurers without paying out of pocket while they recover, so cost is never a reason to wait to find out what your claim may be worth.
What should I do after an accident?
Get medical care right away, even if you feel okay, since some injuries appear hours or days later, and keep every record. Write down how it happened, photograph the scene, the cause, and your injuries, and get the names of any witnesses while it is fresh. Report the accident as appropriate. Avoid giving the insurer a recorded statement or signing anything before you have spoken with an attorney, who can preserve the evidence and protect both your health and your claim from the start.
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.