Many times, single-car accidents in Massachusetts are caused by unsafe road conditions, for which the state or municipality can be held responsible. But a surprising number of these accidents happen when cars swerve to avoid another car or truck, the driver of which is either distracted (talking on his cell phone, texting, listening to an iPod, arguing with his spouse, lighting a cigarette, simply not paying attention) or driving under the influence of alcohol or drugs.
Talking On Cell Phones While Driving
Massachusetts is one of the few states in the union in which it’s legal for a person over the age of 18 to talk on a handheld cell phone while driving. However, this does not mean that the person is completely exempted from liability for car accidents caused by careless cell phone use. If you’ve been forced off the road or into a ditch or tree by a driver using his cell phone inappropriately, that person may be held liable for damages.
Texting While Driving
While it’s legal to use a handheld cell phone while driving in Massachusetts, it’s strictly illegal to send a text message, which necessarily entails looking away from the road. In some accidents caused by illegal texting, authorities have been able to correlate the exact time a text was sent to the time of the accident, establishing liability beyond a shadow of a doubt. This may or may not be a viable option in your case, but there are other ways to establish that the texting driver was at fault.
In Massachusetts, the blood alcohol level cutoff for drunk driving is 0.08, about on a par with regulations in other states. If you are involved in an accident caused by a drunk driver, you may be able to recover damages not only from the driver (whether or not he’s insured), but possibly from the bar, restaurant or liquor store that sold him the alcohol. If the driver is underage, his parents can potentially be held responsible as well.
We Will Seek To Hold All Responsible Parties Accountable For Your Accident
In single-car accidents where you’ve swerved to avoid another car, insurance companies may disbelieve your claim that the accident was not your fault, and was caused entirely by the other driver. Even if you’re not able to obtain the other vehicle’s license number or other identifying information (such as its color or model), the team of experts at The Law Offices of Gerald J. Noonan may be able to reconstruct the accident in a way that demonstrates that you were not at fault.
Since head-on collisions can result in serious injuries (broken bones, internal bleeding, damage to the brain or spinal cord) it’s important to hire a lawyer who can recover the most damages possible—not just from the driver involved or his insurance company, but other people or institutions that may have contributed to the accident. (For example, bars in Massachusetts can be held responsible for continuing to serve inebriated patrons who later drive drunk, and the state itself can be sued for improperly maintained dividers or other hazardous road conditions.)
Distracted Driver Car Accident Victim? Talk to an Attorney for Free
The Law Offices of Gerald J. Noonan has been helping accident victims throughout Massachusetts recover from serious car accidents for almost three decades.
No matter where you are located, we are just a phone call away. Call our distracted driving accident lawyers today at (508) 588-0422 to schedule a free no-obligation case review and consultation and you will have taken your first step to find out how you can pursue justice and compensation in civil court. You can also click here to use our Free Case Evaluation Form.