Driving requires focus and attention. Unfortunately, not everyone pays attention on the road. Their inattention can result in crashes that leave others with serious injuries.

Watch The Video

The following overview will help you better understand how common distracted driving crashes are and why they may be on the rise. Hopefully, you’ll never be hurt in such an accident. However, if you are, this guide will also explain the basics of your legal options.

Distracted Driving: And Increasingly Significant Problem on America’s Roads

According to the National Safety Council, distracted driving accidents have been on the rise in the last decade or so. It may be easy to guess why. The increasing ubiquity of smartphones has resulted in many more drivers being distracted on America’s roads.

The NSC does point out that distracted driving resulting from smartphones may now technically be on the decline. More and more smartphones and mobile device apps are allowing users to access features through voice commands. Not having to touch a mobile device to use its features and apps is naturally safer than having to manipulate a device manually while driving.

However, even using voice commands may be dangerous. Using a mobile device in any capacity prevents a driver from focusing on the task of operating a motor vehicle. The fact that a driver can access a particular feature of a device through their voice doesn’t mean doing so is safe.

How to Avoid Distracted Driving Accidents

Not using a mobile device while driving is one of the most effective ways to guard against distracted driving wrecks. You may even turn off your devices while driving for maximum safety. Or, you could install an app that prevents your phone from sending alerts while you’re driving.

Other ways to avoid distracted driving crashes include:

  • Don’t eat while driving: Someone who doesn’t use their phone while driving may nevertheless assume it’s safe to eat while operating a motor vehicle. This isn’t so. Consider the following example: You’re sipping hot coffee when you hit a bump, spilling the coffee on yourself. Your sudden reaction to the pain of this experience can prevent you from focusing on the road.
  • Pull over if someone else is distracting you: Whether it be kids or an unruly passenger, don’t let someone else in your vehicle put you or others in harm’s way. If someone is pulling your attention away from the road, pull over and address their concerns before driving again.
  • Don’t play music too loud: Safe driving isn’t just about keeping your eyes open. What you hear while driving can be at least as important as what you see. If you’re listening to music (or any other type of audio content) too loudly, you may be engaging in distracted driving without entirely realizing it.

In addition, don’t let unexpected distractions on the road pull your attention away from where it needs to be. For example, you may see an accident police or emergency services are tending to. Fight back against the urge to “rubberneck” when this happens.

The increasing ubiquity of smartphones has resulted in many more drivers being distracted on America’s roads.

Legal Options After a Distracted Driving Crash in Massachusetts

You can’t control the decisions other people make behind the wheel. You may take steps to guard against causing a distracted driving crash. That doesn’t guarantee you’ll never be involved in one.

If you’re ever hurt in a Massachusetts distracted driving crash, you may be eligible for financial compensation. Massachusetts is a no-fault car crash state, meaning it doesn’t matter who caused your wreck—you would first seek compensation by filing a claim with your own insurance. Doing so lets you seek compensation for basic economic losses like medical bills and lost wages.

Your insurance coverage might not compensate you for all the losses you incur due to your injuries. For example, you may experience pain and suffering during your recovery. Your insurance may not offer coverage for this particular loss.

You might have the option of filing a separate third party claim or lawsuit. Doing so is an option if your injuries are severe enough to meet a threshold under Massachusetts law.

This is one of many reasons to strongly consider reviewing your case with an attorney. A Boston distracted driving car wreck lawyer at Swartz & Swartz, P.C., can go over the details of your case and explain your legal options. Whether you file a claim solely with your insurance or whether you file a separate third-party claim or lawsuit, we can offer the representation you deserve. Learn more about what we can do for you by contacting us online or calling us at (617) 742-1900 to schedule your free consultation.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

  • This field is for validation purposes and should be left unchanged.

About the Author: Kristy L Rivers
Kristy L. Rivers is a trial lawyer at Swartz & Swartz, P.C., who began a career of zealous advocacy for her clients while representing indigent defendants in Florida. She is admitted to practice law in Florida, Maine, Massachusetts, and the United States District Court for the District of Massachusetts.

Keep Reading

Want more? Here are some other blog posts you might be interested in.