Cell phone use contributes to about 1 in 4 motor-vehicle accidents in the United States. Thousands of people die every year in cell phone-related collisions, and hundreds of thousands are seriously injured. But as you may already know, the drivers who cause these tragic wrecks are not always willing to fess up to their wrongdoing and admit fault.
Perhaps you or an eyewitness saw the driver looking down as if at a cell phone before the crash. Although the accident report should include your account of what happened, and witness testimony can be used to corroborate your version of the events, it is important that you strengthen your claim by gathering all available evidence to prove negligence and liability.
Attorney Scott Charnas of Charnas Law Firm can file subpoenas to obtain cell phone records, surveillance footage, and other evidence that is difficult to access. He will also calculate your damages to ensure your claim includes all potentially recoverable losses.
In addition to medical bills and lost income, you may also be entitled to compensation for reduced earning capacity, mental anguish, pain and suffering, loss of consortium, and other damages, depending on the facts of your case. Call 212-980-6800 to set up a free initial consultation with a car accident lawyer in Massachusetts.
Massachusetts’s Safe Driving Law Prohibits Texting Behind the Wheel
Pursuant to Massachusetts’s Safe Driving Law, it is illegal for drivers to read, send, or type electronic messages to or from a handheld device. That means texting, browsing the Internet, and checking social media apps are prohibited while operating a motor vehicle. Junior operators are banned from all use of handheld electronic devices while driving.
Evidence Used to Prove Texting Behind the Wheel
As previously mentioned, there are several types of evidence that your car accident lawyer might use to prove that the at-fault driver was texting, such as:
- Cell phone records;
- The police report;
- Eyewitness testimony; and
- Surveillance footage of the crash.
Much of this evidence can be difficult to access without the help of an attorney. For example, it is unlikely that the at-fault driver will voluntarily provide his or her cell phone records—especially if he or she denies using a cell phone at the time of the crash. Your lawyer can help you obtain these records and other evidence by filing subpoenas.
It is critical that you consult a car accident attorney as soon as possible because important evidence may be altered or destroyed, or otherwise become unavailable. Attorney Scott Charnas will perform an immediate investigation into your case, interview witnesses, file subpoenas, compile evidence, and arrange expert witness testimony if necessary.
Call 212-980-6800 to Discuss Your Case with a Massachusetts Car Accident Attorney
Unlike other personal injury lawyers who farm and mill out cases without delicacy, Scott Charnas limits his caseload so he can thoroughly investigate every claim. Scott has won nearly $50 million for victims of personal injury and wrongful death in Massachusetts and New York. Schedule a free initial consultation today by calling 212-980-6800 or sending an email to scharnas@charnaslawfirm.com.