I was involved in a automobile accident on 290 near Northborough a few days ago. The other driver admitted that he was texting on his cell phone when he sideswiped my car. I was taken to the hospital and have a broken arm, and ribs and will need physical therapy. Isn’t there a law in Massachusetts banning texting while driving? How will that affect my personal injury case?
You are correct that there is a law against texting while driving. G. L. c. 90, § 13B provides that: “No operator of a motor vehicle shall use a mobile telephone, or any handheld device capable of accessing the internet, to manually compose, send or read an electronic message while operating a motor vehicle. For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the public way intended for travel.” Violations of the statute are punishable by fines of $100 for a first offense, $250 for a second offense and $500 for a third or subsequent offense. It is certainly helpful to your case that the other driver was in violation of the texting ban, but the violation is only evidence of his negligence. He may be able to show that you were a greater cause of the accident because you also were negligent. That does not sound likely from the accident that you have described on the interstate so your case should be more about the value of your damages and less about the extent of each party’s liability.
The Northborough Auto Accident Lawyers at Reardon, Joyce & Akerson, PC represents clients in auto accident claims in Northborough Massachusetts and throughout Worcester County including the communities of Grafton, Millbury, Northbridge, Shrewsbury, Upton, Westborough, and Worcester.