Distracted Driving Accidents
Car Crash Attorney Compassionately Guiding Victims Throughout Plymouth County
Distracted driving is a huge problem in Massachusetts that is showing few signs of abating. Taking your eyes off the road even for a brief moment can lead to catastrophic accidents and injuries. If you or someone close to you has been injured in an accident caused by distracted driving, we can help you fight for the compensation that you need to deal with your injuries. Based in Kingston, dedicated Plymouth County distracted driving accident lawyer Michael S. Mehrmann understands how to assert your rights at every step of the process.
Pursuing Compensation for a Distracted Driving Accident
Distracted driving is anything that diverts your attention from the primary task of driving. These distractions can include texting, using a cellphone, putting on make up, reading, using a navigation system, tuning the radio, and reaching back to interact with a child in the backseat. Teenagers are the age group most likely to be distracted, according to studies analyzing the causes of fatal accidents. Massachusetts has a Safe Driver law that bans drivers under the age of 18 from operating a vehicle while using an electronic device, even if this is a “hands-free” device.
Distracted driving creates an enormous potential for deaths and injuries on the road, arguably even more so than drunk driving in recent years. If you have been injured in this type of crash, a distracted driving accident attorney in Plymouth County can help you seek damages through a negligence claim. Negligence takes place when an injury or death is a result of a driver failing to use reasonable care behind the wheel. Reasonable care is defined as how a prudent or sensible driver would act under the same or similar circumstances. In order to establish negligence, a plaintiff must prove the following elements of the claim to a judge or jury:
- The defendant whom you are suing owed you a duty of care;
- The defendant breached the duty of care owed to you;
- The defendant’s breach was a direct cause of the accident; and
- You suffered harm and incurred costs as a direct result.
Massachusetts law follows a version of the modified comparative negligence rule, meaning that you can only recover compensation for a car or truck accident if you were 50 percent or less at fault for the crash. In other words, if you were 51 percent or more at fault, you will be barred from recovering any damages at all.
The types of damages that are recoverable under Massachusetts law include medical bills and expenses, lost wages, pain and suffering, disfigurement, disability, property damage, and future costs related to any future procedures or treatment as well as the victim’s lost earning capacity. Medical testimony and testimony from vocational experts may be critical in illuminating the scope of the damages. A distracted driving accident lawyer can help Plymouth County residents gather evidence to prove liability.
Just as in every other state, there is a time limit in which car accident lawsuits must be brought, known as the statute of limitations. Under Massachusetts law, personal injury lawsuits must be filed within three years from the date of the accident or the injury. There are limited exceptions to this rule, depending on the nature of the case, but in general it is best to take action as soon as possible.
Contact a Knowledgeable Plymouth County Distracted Driving Accident Attorney
Distracted driving accidents can have devastating consequences for everyone involved. If you or someone close to you has been injured in an accident caused by a driver who failed to pay the proper attention to the road, we can help. Attorney Michael S. Mehrmann can analyze the facts of your case and help you secure the compensation to which you are entitled for your harm. He represents victims of motor vehicle collisions in communities such as Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury. To discuss your case in more detail at no cost, do not hesitate to call (781) 585-3911 or contact us online.