MASSACHUSETTS DISTRACTED DRIVING ACCIDENT LAWYER
One glance away changed your life.
When a driver looks at a phone instead of the road, the crash that follows can cause serious injuries in an instant, and Massachusetts law puts the fault on the distracted driver.
- No fee unless we win
- Same-day response
- Free case review
As Seen On:
A distracted driving accident lawyer proves the inattention.
A distracted driving crash is rarely an accident in the true sense; it happens because a driver chose to look away from the road. Texting, scrolling, dialing, watching a screen, or reaching for a device all pull a driver’s eyes, hands, and attention away at highway speed, and the result is often a severe, preventable injury. Distracted driving is one of the leading causes of motor vehicle deaths nationwide, confirmed from the National Highway Traffic Safety Administration, and Massachusetts has responded with one of the stricter laws in the country. Since 2020, the state’s hands-free law has barred drivers from holding or using a mobile electronic device behind the wheel at all. That matters enormously to an injury claim, because a driver who violated the hands-free law was breaking a safety statute at the moment of the crash, and that violation is powerful evidence of negligence. The challenge is proving it. Drivers rarely admit they were on a phone, and the evidence that shows it, phone records, the vehicle’s data, witness accounts, and the police report, has to be identified and preserved before it disappears. A distracted driving accident lawyer builds that proof from the start, ties it to your injuries, and pursues every source of insurance. Larson Law handles these claims across Massachusetts. If a distracted driver hurt you, a distracted driving accident lawyer can review your situation at no cost.
What our clients say
Phone records and crash data win these cases.
- We handle distracted driving crash claims statewide, from texting and phone use to any form of driver inattention
- We move fast to preserve phone records, vehicle data, camera footage, and witness accounts
- We use the Massachusetts hands-free law to establish the driver broke a safety statute
- We identify every insurance source: the at-fault driver, your PIP, and underinsured motorist coverage
- We deal with the insurer directly so the claim is not settled before your injuries are known
- No fee unless we win your case
- No upfront costs
- Direct attorney access throughout
- Same-day and hospital visits anywhere in Massachusetts if you cannot travel
$300K+ Won For Clients
100+ 5-Star Google Reviews
8+ Years of Legal Expertise
98% Legal Success Rate
100+ Injured Victims Helped
No Win, No Fee Guaranteed
Massachusetts bans the device use behind these crashes.
The Massachusetts hands-free law and fault
Under MGL Ch. 90 Sec. 13B, Massachusetts prohibits a driver from holding or using a mobile electronic device while operating a vehicle; the hands-free requirement that took effect in 2020 made even momentary handheld use unlawful. When a distracted driver causes a crash, that statutory violation is strong evidence of negligence, because the driver breached a safety law written precisely to prevent these collisions. Establishing the violation, through phone records, the citation, and the driver’s own account, is often the difference between a contested claim and a clear one.
PIP, your coverage, and the at-fault driver
A distracted driving crash is a motor vehicle case, so Massachusetts personal injury protection under MGL Ch. 90 Sec. 34M pays initial medical bills and a portion of lost wages regardless of fault. Beyond PIP, a claim against the at-fault driver’s liability coverage pursues the full extent of your injuries, and if that coverage is too low, underinsured motorist coverage on your own policy under MGL Ch. 175 Sec. 113L can add to it. Identifying every available policy early is part of building the full value of the claim.
Comparative fault and the deadline
Massachusetts follows modified comparative fault under MGL Ch. 231 Sec. 85, so you can recover as long as your share of the fault is not greater than the other side’s, with the award reduced by your percentage. Insurers often try to shift blame onto the injured driver to offset a distracted-driving case. The deadline to file is generally three years from the crash under MGL Ch. 260 Sec. 2A, and when a distracted driving crash is fatal, the family may bring a wrongful death claim under MGL Ch. 229.
Distracted driving crashes happen on every Massachusetts road.
Where distracted driving crashes happen in Massachusetts
Distracted driving crashes occur on every kind of Massachusetts road, on the interstates and Route 128, on city streets and suburban arterials, and in parking lots and at intersections where a split second of inattention is enough. The injuries are often worse than the vehicle damage suggests, because a distracted driver frequently brakes late or not at all. Wherever the crash happened in the Commonwealth, the claim turns on the same proof: that the driver’s attention was off the road and that the inattention caused your injury.
Proving the distraction after a crash
The evidence that proves distraction is specific and time-sensitive. Cell phone records can show calls and texts at the moment of impact, the vehicle’s event data recorder can show speed and braking, nearby cameras may have captured the crash, and witnesses and the responding officer can describe what they saw. Much of this evidence is not preserved automatically and can be lost within weeks. Acting quickly to secure it is one of the most important things a distracted driving accident lawyer does on these claims.
Where these cases are filed
A Massachusetts distracted driving claim is filed in the county where the crash occurred. Smaller civil claims proceed in the District Court for that area and larger claims in the county Superior Court, confirmed from mass.gov. Larson Law handles distracted driving crash claims across all of Massachusetts, from the Berkshires to the Cape, and the first review of your claim is always free.
A crash claim covers far more than the repair bill.
What a claim may support depends on the severity of your injuries, the at-fault driver’s coverage, and the insurance available to you. The losses reach far past the repair bill and the first hospital visit, into long-term treatment, lost income, and the lasting effect of a serious crash.
Medical Bills and Future Treatment Costs
Lost Wages and Earning Capacity
Pain, Suffering, and Permanent Injury
Wrongful Death of a Loved One
The hours after a distracted driving crash count.
Get care and document the crash
Get medical care right away, even if you feel only shaken, and keep every record. Photograph the scene and save any witness details, because in a distracted driving case early proof carries the claim.
Talk to a distracted driving accident lawyer
Call us or send the form. A distracted driving accident lawyer will review how the crash happened, explain what Massachusetts law allows, and map your next steps, completely free of cost to you today.
We build the case from here
We obtain the phone and crash evidence, prove the driver’s inattention, deal with the insurer directly, and pursue every part of your claim through to a full and fair resolution, every step of it now.
- 5.0 stars out of 100+ reviews
Bring a distracted driving accident lawyer onto it.
A distracted driving claim depends on proving the driver’s attention was off the road, on evidence like phone records and vehicle data that disappears quickly, and on a filing deadline that does not move. Tell us how the crash happened and where you are in your recovery, and we will explain what your claim may support and what to do now to protect it. When a distracted driving crash takes a life, the surviving family may bring a wrongful death claim under MGL Ch. 229, which carries its own deadline worth securing early. The first review is free, and there is no fee unless we win.
By submitting this form, you acknowledge that doing so does not create an attorney-client relationship. Please do not include confidential information. Contacting us does not obligate you to retain our services.
Our Clients.
Our Practice Areas.
We handle distracted driving and texting crash claims across all of Massachusetts, from the first call to the final resolution. Whatever happened, we will tell you where you stand at no cost.
Common distracted driving crash questions, answered.
What counts as distracted driving in Massachusetts?
Distracted driving is any activity that takes a driver’s attention from the road, but the law focuses on mobile devices. Under MGL Ch. 90 Sec. 13B, Massachusetts prohibits holding or using a phone or electronic device while driving; the hands-free law that took effect in 2020 bars even momentary handheld use. Texting, dialing, scrolling, and watching a screen are all covered. Eating, grooming, and reaching for objects are also forms of distraction that can support a negligence claim when they cause a crash.
How do you prove the other driver was distracted?
Proof comes from several sources that must be preserved quickly. Cell phone records can show device use at the time of the crash, the vehicle’s event data recorder can show speed and braking, nearby surveillance or dash cameras may have captured the collision, and witnesses and the police report can describe the driver’s conduct. A citation under the hands-free law is also strong evidence. Because much of this disappears within weeks, acting early to secure it is essential.
Is the distracted driver automatically at fault?
Not automatically, but a violation of the hands-free law under MGL Ch. 90 Sec. 13B is powerful evidence of negligence, because the driver broke a safety statute meant to prevent exactly this kind of crash. Fault still has to be established with evidence connecting the distraction to the collision and your injuries. That evidence, properly gathered and presented, is what turns a distracted driving crash into a strong liability case.
Does PIP cover me after a distracted driving crash?
Yes. A distracted driving crash is a motor vehicle case, so Massachusetts personal injury protection under MGL Ch. 90 Sec. 34M pays your initial medical bills and a portion of lost wages regardless of fault. PIP has limits, though, and a serious injury usually exceeds them, which is why a claim against the at-fault driver’s liability coverage, and your own underinsured motorist coverage under MGL Ch. 175 Sec. 113L, matters for the full recovery.
What if the distracted driver had little or no insurance?
Your own policy may provide the answer. Massachusetts requires insurers to offer uninsured and underinsured motorist coverage under MGL Ch. 175 Sec. 113L, which can apply when the at-fault driver has no coverage or too little to cover a serious injury. Identifying every available policy, including your own, is part of how we build the full value of a distracted driving claim.
What if I was partly at fault for the crash?
You may still recover. Massachusetts follows modified comparative fault under MGL Ch. 231 Sec. 85, so you can recover as long as your share of the fault is not greater than the other side’s, with the award reduced by your percentage. Insurers often try to shift blame onto the injured driver in a distracted-driving case. Holding any fault finding to the actual evidence is part of protecting your claim.
How long do I have to file a distracted driving claim?
Under MGL Ch. 260 Sec. 2A, the deadline for most Massachusetts injury claims is three years from the date of the crash. The practical window to preserve phone records, vehicle data, and camera footage is far shorter, and some of that evidence can be gone within weeks. Reaching out early protects both the legal deadline and the proof the claim depends on.
What is a distracted driving claim worth?
There is no fixed figure. What a claim may support depends on the severity of your injuries, your medical costs and future treatment, lost wages and reduced earning capacity, and the pain and disruption the crash caused, along with the insurance available. We do not promise a number; we build the claim so its full value, including future losses, is documented and pursued.
Do I have to pay anything upfront?
No. Larson Law handles distracted driving crash claims on a contingency basis, so there is no upfront cost and no fee unless we win. The first review is free, and you can ask every question before deciding anything. This lets injured people get strong representation without worrying about legal bills while they recover.
What should I do right after a distracted driving crash?
Get medical care promptly, even if you feel only shaken, because some injuries surface later. Call the police so there is an official report, photograph the scene and the vehicles, and get the names of any witnesses. Avoid giving the other insurer a recorded statement before getting advice. Then contact a lawyer quickly so the phone and vehicle evidence can be preserved before it is lost.
Does Larson Law handle distracted driving crashes statewide?
Yes. Larson Law handles distracted driving and texting crash claims across all of Massachusetts, in every county from the Berkshires to Cape Cod. Wherever the crash happened, reach out by phone, text, or the form on this page at no cost, and we will explain how Massachusetts law applies and what your claim may support.
Where is a Massachusetts distracted driving case filed?
A distracted driving claim is filed in the county where the crash occurred. Smaller civil claims proceed in the local District Court and larger claims in the county Superior Court, confirmed from mass.gov. When a crash is fatal, the wrongful death claim under MGL Ch. 229 proceeds through that county’s courts as well. We handle the filing wherever in Massachusetts the crash took place.
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.