Was the Driver of the Other Vehicle Texting or Talking on a Cell Phone While Driving? Talk to a Boston Attorney
Everyone who operates a motor vehicle takes on a great responsibility. Drivers assume a "duty of care" for everyone else on the road and for passengers. Anything that a driver does that takes away from his or her ability to control the vehicle can be construed as negligence:
- Failing to remove snow from front windshield, back window and side windows
- Failing to keep mirrors, tires and brakes in good repair
- Failing to adapt speed to weather and traffic conditions
- Allowing oneself to take hands off the steering wheel or eyes off the road as a result of distractions like fiddling with a cigarette lighter, changing radio stations, looking at a map, sightseeing instead of keeping watch, glancing at a newspaper or billboard, looking at a portable computer or iPhone, or talking on a cell phone or texting.
Studies have indicated that texting and conversing on a cell phone while driving can increase the likelihood of an accident, as is the case with drunk driving. Some states now have laws against texting and/or talking on cell phones while driving. Whether there is a specific ban on texting or talking on cell phones or not, a driver who is texting or talking on a cell phone while driving is clearly negligent.
Were you injured or was your family member killed while the other driver was texting or conversing on a cell phone? Contact a Massachusetts personal injury lawyer at the law offices of Dane Shulman Associates, LLC after a car accident in which texting while driving may have been a contributing factor.
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