If you were struck by a distracted driver, you may have grounds for a personal injury claim against the at-fault motorist. To recover a fair settlement, you’ll have to prove negligence, causation, and damages. You’ll also have to avoid making critical mistakes that would bring liability or the severity of your injuries into question.

transportation concept – man using phone while driving the car

A skilled accident attorney can review the facts of your case, provide answers to your questions, and help you avoid costly errors. Below, we’ve answered a few FAQs about distracted driving accident claims:

  1. How Can I Prove a Motorist Wasn’t Paying Attention While Behind the Wheel?

 The strongest evidence of fault will depend on the facts surrounding your case. Generally speaking, the following may help your attorney prove liability:

  • Cell phone records;
  • Eyewitness testimony;
  • Dash cam footage;
  • Recordings from surveillance cameras posted near the scene;
  • Social media posts published by the at-fault motorist just before the wreck; and
  • The official police report.


  1. What Kinds of Damages Can I Pursue Following a Distracted Driving Accident?

In the state of Massachusetts, personal injury claimants can pursue the following damages:

  • Pain and suffering;
  • Scarring and disfigurement;
  • Emotional distress;
  • Loss of enjoyment in life;
  • Past and future medical bills;
  • Home care;
  • Lost income and benefits;
  • Loss of earning capacity;
  • Property damage;
  • Alternative transportation;
  • Home and vehicle modifications necessary for accommodating any physical disabilities;
  • Child care; and
  • Reasonable and necessary domestic help such as meal preparation and housekeeping.

Additionally, the spouses of accident victims may be entitled to damages for loss of consortium. This refers to the loss of companionship, assistance, services, physical intimacy, and social relations incurred as a result of any injuries.


  1. What Steps Should I Take Following a Collision with a Distracted Driver?

 Building a strong personal injury claim against an inattentive motorist starts at the scene. Immediately following the wreck, you should:

  • Call the police;
  • Photograph the wreckage;
  • Get the driver’s name and phone number and the vehicle’s registration information and insurance details;
  • Gather the names and contact details of any eyewitnesses;
  • Seek adequate medical care; and
  • Call an attorney.

In the days and weeks following the accident, you should:

  • Track your damages;
  • Avoid posting about the incident or your case on social media;
  • Follow your doctor’s orders; and
  • Direct all correspondence from the insurance adjuster to your lawyer.


Call 212-980-6800 to Discuss Your Case with a Massachusetts Car Accident Attorney

If you were seriously hurt in a collision caused by a distracted driver, contact Charnas Law Firm. Attorney Scott Charnas has an AV-Preeminent rating from Martindale Hubbell and knows what it takes to win substantial settlements and verdicts for his clients.

Scott accepts cases in both New York and Massachusetts, and he works on a contingency fee basis. That means he requires no money upfront, and you won’t have to pay a retainer to take advantage of his legal services. Call 212-980-6800 or use our Online Contact Form to set up a free case evaluation with a car accident lawyer in Massachusetts.