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Areas of Practice
Cell Phones and Car Accidents

The Law
Cell phones are one of the most frequent causes of car accidents today. Seven states now outlaw the use of handheld cell phones while driving: California, Oregon, Washington, Connecticut, Maryland, New Jersey, and New York. Make sure you know the laws of any states you drive through. Even if a state does not outlaw cell phones, they may be watching especially for young or novice drivers, or those with specific jobs like bus drivers, who should avoid cell phone use to ensure the safety of their passengers. Currently Massachusetts does not prohibit you from talking on your cell phone while driving, but it is illegal to read or send text messages or to use the internet on your phone while driving.
View complete cell phone and texting laws by state

All drivers have a duty to the safety of others and the safe operation of their vehicle. If a cell phone was the cause or partial cause of an accident, the driver could be found negligent. You could also file a personal injury claim if the accident caused injuries. Make sure you know what to do After the Accident to preserve evidence. It is sometimes possible to find fault with an employer if the driver was making a business-related call, or even with the carrier, although this is rarely successful.

If you were using a cell phone or you suspect the other driver was using a cell phone, call an experienced accident attorney to help you figure out who was at fault and if you have a claim.


Cell Phone Safety
Texting, dialing, and reading messages are dangerous distractions as they force you to take your eyes off the road. A few seconds is all it takes for another car to swerve into your lane or slam on the brakes in front of you. Be attentive while driving and always watch out for the other drivers on the road.

Here are some other tips for cell phone safety:

  • If you have to take a call, use a hands-free and/or voice-activated phone to avoid dialing.
  • If you know you will be distracted, pull over to a safe, well-lit place and lock your doors.
  • Let your friends and contacts leave voicemail messages.
  • Avoid stressful or emotional conversation topics if they will take your mind off of driving.

Find out what to do After the Accident


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