Proving Someone’s Distracted Driving Caused Your Accident

Distracted driving, particularly due to use of cell phones, is a significant factor in traffic accidents across the United States, contributing to at least 80 percent of crashes nationwide. Massachusetts has a law prohibiting the use of hand-held devices while driving, making it easier to prove fault when suing a driver for damages. However, other forms of proof may also be needed.

In Massachusetts, victims of car accidents must initially turn to their own insurer under the state’s no-fault personal injury protection (PIP) system. But PIP only covers a limited type of accident-related expenses, such as medical costs, lost earnings and essential household services, and these benefits are capped at $8,000. To recover damages beyond these modest amounts, an injured victim must establish that the other driver was primarily at fault, such as by operating the vehicle while distracted.

If you were in an accident with someone you suspect was driving while distracted, here are some methods to help you prove it:

1. Police reports and testimony — One of the first steps is to examine the police report from the accident. Police officers are trained to look for signs of distracted driving, such as a driver not braking in time swerving or failing to react appropriately to road conditions, which may be noted in the report. Also, the driver may have been cited for violating a Massachusetts law that prohibits use of a hand-held telecommunications device while operating a motor vehicle. Police testimony in court, based on their observations and expertise, can help establish fault.
2. Witness statements — Witnesses can include drivers, passengers, pedestrians or bystanders who saw the events leading up to the crash. They may have observed the at-fault driver using a phone, adjusting the radio or engaging in another activity immediately before the collision. 
3. Cell phone records — By obtaining the other driver’s cell phone records during discovery, your attorney can determine whether they were texting, calling or using apps in the seconds before the accident. In some cases, geolocation data from the phone may also be a useful indicator.
4. Video and photos — Recordings from traffic cameras, nearby businesses or vehicles’ dash cams may capture the moment of the accident and show whether the at-fault driver was visibly distracted. Photos taken immediately after the accident, such as photos of the at-fault driver’s phone or other distractions inside the vehicle, can be visual evidence of distraction.

An experienced Massachusetts auto accident attorney knows how to gather evidence of distracted driving. The attorney can subpoena cell phone records, interview witnesses and work with accident reconstruction experts. By building a solid case of fault, you have a good chance of recovering damages beyond the limits of PIP benefits, including compensation for pain and suffering and emotional distress.

For more than 70 years, the lawyers at Feinberg & Alban, PC have provided quality representation for victims of Massachusetts car crashes. Of course, distracted driving is not the only kind of auto accident that we handle. Call us today at 617-232-5950 or contact us online to schedule a free consultation. We are located at 2 Center Plaza in Boston, with offices in Brookline and Worcester.