Boston Texting While Driving Attorney
Distracted driving is one of the leading causes of car accidents in Boston and other cities and towns throughout the Commonwealth of Massachusetts.Texting While Driving Research and Data
The National Highway Traffic Safety Administration (NHTSA) has compiled data about the effects of distracted driving and texting while driving is at the top of the list. Along with texting are other causes of distracted driving involving smartphones, including talking on the phone, watching a video, and using the navigation app.
There have been more than 3,000 people killed each year by this type of distracting driving, and over 420,000 others are injured. This is nearly a 10 percent increase from 2011.
Texting while driving involves a greater level of distraction since someone texting must perform a series of visual and manual sub-tasks. NHTSA research shows this triples the likelihood of getting into a crash. Every time a driver texts or reads a message, his or her eyes are taken off the road for about five seconds. Traveling at average highway speeds, a car drives 100 yards during those five seconds.
Research has also shown that 25 percent of teen drivers will send or read a text every single time they get behind the wheel, and over a quarter of all drivers responded to survey questions indicating they routinely have long text conversations while driving. This adds up to a lot of distance traveled with eyes, not on the road.A Look at How Texting While Driving Effects a Boston Car Accident Lawsuit
Car accident lawsuits are almost always brought under a theory of negligence. In the Commonwealth of Massachusetts, negligence has four elements: Duty, Breach, Causation, and Damages. "Duty" refers to the duty of care owed to prevent foreseeable injury to foreseeable persons and property.
In some negligence cases, there is a question as to whether the defendant owed the plaintiff a duty of care. In car accident lawsuits, it is a well-settled law that drivers owe a duty of care to others on the roads and sidewalks.
A breach of the duty of due care occurs when someone acts in a manner that involves an unreasonable risk to foreseeable plaintiffs and their property. At the Law Offices of Jeffrey S. Glassman, we know that if a driver takes his or her eyes off the road to look at a text message and causes an accident, this activity should constitute a breach of the duty of care. How can someone say that he or she was acting responsibly when that person is mostly driving a car with a blindfold, to use NHTSA’s analogy?
The next element in a Boston car accident lawsuit involving texting while driving is causation. Did the negligent conduct cause the accident? Generally speaking, if it can be established that the defendant was texting while driving, there is generally not a question of causation. However, as your car accident lawyer can explain, some cases may require additional investigation. An example of this situation would be a multi-vehicle accident, or “chain reaction crash.”
The last element in a texting while driving car accident case is proving damages. Typical damages can include pain and suffering, hospital and medical bills, lost wages, special damages, cost of future medical expenses, and, in the case of a fatal car accident, funeral expenses and loss of consortium.
At the Law Offices of Jeffrey S. Glassman, LLC, we are prepared to fight to ensure that your insurance settlement or verdict takes all of your losses into account. Contact our law office to schedule a free initial consultation.
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