Boston Distracted Driving Accident Lawyers
Fierce representation when a distracted driver injures you in a crash
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Distracted driving is one of the leading causes of severe crashes, and it's entirely preventable. For those injured by irresponsible drivers and for the families who’ve lost a loved one in these types of accidents, the stress, emotional, and physical consequences for victims and families are made all the worse by the knowledge that their pain is the result of someone’s carelessness. Santoro & Gray are advocates for those crash victims and their families. We listen carefully to our clients so we can hold the negligent drivers who injured them accountable.
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How Santoro & Gray can help you
- Why is distracted driving so dangerous?
- Massachusetts distracted driving laws
- Common causes of distracted driving accidents in Boston
- Catastrophic injuries and fatalities
- Santoro & Gray’s role in investigating distracted driving
- What to do if you suspect distracted driving in Boston
- The legal process and proving fault
- Compensation available in Boston distracted driving cases
- The statute of limitations in Massachusetts
- How Santoro & Gray helps clients recover
- Frequently Asked Questions
- Do you have a Boston distracted driver car accident attorney near me?
According to the National Highway Traffic Safety Administration (NHTSA), “3,308 people were killed and an estimated additional 289,310 people were injured in crashes involving distracted drivers,” in 2022. There are a number of reasons that these crashes are so common and so likely to have catastrophic results. Distracted driving involves one or more of the three types of distractions. For instance, distractions may include:
- Visual: This may involve a driver taking their eyes off the road, possibly to look at a passenger, their GPS, or their phone.
- Manual: In such cases, they may remove their hand from the wheel.
- Cognitive: Even daydreaming can result in crashes because a driver takes their mind off driving, and driving is a deceptively complicated task.
Even a short distraction can be more risky than you might imagine. For instance, at 55 mph, taking your eyes off the road for just five seconds essentially means you’ve traveled “the length of a football field” without looking where you’re going or identifying possible obstacles. When it comes to driving, it just takes a few careless seconds to change the course of a life.
In Massachusetts, distracted driving laws are in place, but that doesn’t always prevent people from violating them. Here are some of the laws that are intended to make Boston’s roads safer.
The hands-free law
The state has a Hands-Free Law that went into effect in 2020. That law prohibits typing, reading, or viewing electronic messages, as well as using a handheld cell phone while operating a vehicle. However, drivers can use hands-free or voice-activated technology.
The law creates stricter standards for “junior operators” (those under 18), who are banned from any phone use, even if it’s hands-free.
The fines and penalties for a violation include:
- 1st offense: $100 fine
- 2nd offense: $250 fine and mandatory distracted driving course
- 3rd offense and up: $500 fine and insurance surcharge
The Massachusetts Safe Driving Law
This earlier law, enacted in 2010, also aimed to restrict texting and cell phone use by junior operators. The 2020 hands-free law reinforced the 2010 version with an amendment to close enforcement gaps.
Comparative negligence and liability
Massachusetts follows a legal principle known as modified comparative negligence, under which a person may recover damages for their injuries as long as they are no more than 50% at fault. This also means that even if a driver is partially distracted, they may still be eligible to recover reduced damages as long as they are 50% or less at fault. On the other hand, a driver who is negligent in another way, like someone who is speeding, may be less liable than a distracted driver who was texting and caused a crash, leading to injuries. In any of these cases, having a lawyer on your side to present your arguments is critical.
Much of the conversation surrounding distracted driving accidents in Boston relates to phone use. However, drivers can be distracted in any number of other ways. Here are some of the most common driver distractions:
- Cell phone use: Distractions related to phone use may include texting, calling, reading notifications, or even using the phone for directions.
- GPS and navigation systems: Most drivers use GPS on their phones or otherwise to find their way when traveling to an unfamiliar destination. However, it’s important to set the destination before you start moving.
- Eating or drinking: While it’s common for people to eat or drink while driving, it’s potentially quite dangerous as it takes focus away from the road.
- Passenger interactions: From a simple conversation to managing children or pets in the car, others in the vehicle can be extremely distracting.
- Grooming or makeup application: You might’ve seen people applying makeup in their mirrors while in traffic. This isn’t a wise idea, as that driver clearly can’t focus on the road.
- Streaming, vlogging, or live video: Recording while driving is a dangerous modern trend that puts everyone on the road at risk.
- External distractions: Billboards, pedestrians and cyclists, roadside accidents, and objects in the roadway are all other possible sources of distraction.
While many of these may feel far more innocent than texting and driving, the consequences can be just as severe.
Distracted drivers often fail to brake or swerve, may veer into other lanes of traffic, and otherwise create severe dangers. When these crashes occur, they can lead to personal injuries like:
- Traumatic brain injuries (TBIs)
- Spinal cord damage or paralysis
- Complex fractures and crush injuries
- Internal organ damage
- Severe lacerations and facial trauma
- PTSD and psychological harm
- Wrongful death
Santoro & Gray focus on detailed, careful, trial-oriented preparation. We investigate the scene and preserve evidence to build the strongest case possible. Our evidence collection process includes:
- Cell phone records and data subpoenas
- Event Data Recorder (EDR or “black box”) downloads
- Witness statements and police reports
- Surveillance or traffic camera footage
- Social media activity timestamps
- Vehicle debris analysis (no braking/skid evidence)
Santoro & Gray use storytelling to translate evidence into human impact. We connect cell phone timestamps and other information to the moments that changed a client’s life.
Sometimes, you might be involved in a crash and suspect the other driver was distracted, but not know how to prove it. Here are a few steps to take to help you get the information that you need.
- Call the police: Make sure that the police come to the scene and file a report.
- Note the reason for your suspicion: Make a note if you saw the driver’s phone in their hand or if you see indications that they never applied the brakes.
- Photograph the scene: If possible and safe to do so, take photos of any skid marks or other evidence at the crash site.
- Obtain witness contact information: Witnesses might have seen something helpful, so get their contact information to give to your lawyer.
- Avoid direct confrontation or admission of fault: The aftermath of a crash can be confusing. Don’t get involved in any conflicts or arguments over what happened.
- Contact Santoro & Gray: Calling an attorney immediately is the best way to preserve evidence. Your lawyer can also subpoena records and other evidence, like traffic camera footage, before anyone deletes them.
Whether the crash is the result of distracted driving or another form of negligence, your attorney is going to have to show that your injuries are the result of negligence. The negligence elements include owing a duty of care, a breach of that duty, the breach causing injuries, and the injuries resulting in damages.
In the case of cell phone use, a citation or phone data can be powerful evidence that the driver breached their duty. We may also use accident reconstruction experts and other expert analyses to establish causation.
Your medical records and expert testimony are critical for documenting your damages. At Santoro & Gray, we have experience handling insurance disputes and complex litigation. We’re prepared to guide you through each of these steps.
If you can build a strong claim that the other driver is liable for your injuries, you can recover damages. The categories of potentially available damages include:
Economic damages
These are any damages that come with actual receipts or clear financial estimates, such as:
- Medical expenses (both current and future)
- Rehabilitation and assistive devices
- Lost wages and earning capacity
- Property damage
Non-economic damages
Not all losses are financial. You may be able to recover for your:
- Pain and suffering
- Emotional distress and PTSD
- Loss of enjoyment of life
- Loss of consortium
Wrongful death damages
In tragic cases where someone dies because of a distracted driver, the family may be able to recover compensation. Damages in wrongful death cases may include:
- Funeral expenses
- Loss of companionship and support
In rare cases, punitive damages might be available for reckless or intentional misconduct.
Victims of distracted drivers generally have three years from the accident date to file a personal injury or wrongful death claim. Filing on time is crucial because if you’re too late, the court will not allow your case to proceed. Additionally, some evidence becomes harder or even impossible to find if you wait too long. Speaking to an attorney quickly can help protect your claim.
At Santoro & Gray, we offer trauma-informed advocacy so that our clients feel heard, supported, and ready to face this overwhelming process with confidence. We focus on strategic case development from day one, ensuring we’re always trial-ready. Our team emphasizes long-term recovery: not just winning cases, but improving quality of life.
What if the police report doesn’t mention distracted driving?
Even if the police report doesn’t mention distracted driving, your attorney can help you investigate and prove distraction by collecting evidence.
How can I prove the other driver was distracted?
You and your legal team can subpoena phone records, use police citations, collect black box data, and gather witness evidence to build your case and prove the other driver was distracted.
What if I was partially distracted too?
You can still recover as long as you’re 50% or less at fault for the resulting car accident.
Do I need to go to court?
Not always. Most cases settle before trial. However, being trial-ready often helps injury victims achieve fair settlements.
Yes, our offices are located at 131 Dartmouth St, 3rd Floor, Boston, MA 02116. We also offer phone and video consultations for clients who can’t make it to us.
Our team understands how challenging this time can be for injury victims, and we’re here to listen and help you through it.
Contact a Boston distracted driving lawyer who listens
At Santoro & Gray, we’re not just about handling cases; we want each of our clients to have the opportunity to share their story and know that they have someone on their side fighting for them every step of the way. We offer free, no-obligation consultations to prospective clients. To get in touch and schedule your case evaluation, call us or fill out our contact form.