Additional Information: I was involved in a automobile accident in Marlboro a few days ago. The other driver admitted that he was texting on his cell phone when he ran the red light and hit my car. I was taken to the hospital and have a broken arm, and ribs and will need physical therapy. Isn’t there a law in Massachusetts banning texting while driving? How will that affect my personal injury case?
First, yes there is a law that bans texting and the fact that he was texting is evidence of negligence which is what would have to be proved if you were to recover. The violation of any law such as the texting law goes to the heart of proving that the defendant was negligent and ultimately responsible for your injuries. Also the fact that he ran a red light is also a violation of law and evidence of his negligence.