Distracted Driving Accident Massachusetts

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Distracted Driving Accident Massachusetts: Claims Guide

Distracted driving is one of the most preventable causes of serious motor vehicle collisions in Massachusetts. Since the state’s hands-free law took effect in February 2020, police have issued more than 53,000 citations and warnings annually for violations, yet distracted driving continues to cause thousands of crashes, hundreds of injuries, and dozens of deaths on Massachusetts roads every year. In 2024 alone, 22 people were killed and 67 were injured in distracted driving collisions statewide.

If you or a family member has been hurt by a distracted driver, understanding how the hands-free law strengthens your claim, how to prove phone use, and what your case may be worth is essential to protecting your rights and recovering full compensation.

Massachusetts Hands-Free Law: What You Need to Know

The Massachusetts hands-free law, codified at M.G.L. c. 90, Section 13B, took effect on February 23, 2020. It dramatically expanded the state’s earlier texting ban to prohibit virtually all handheld electronic device use while driving.

What the Law Prohibits

Under the hands-free law, drivers may not:

Hold or support any electronic device, including a phone, tablet, or GPS unit, while operating a motor vehicle
Touch a phone for texting, emailing, scrolling social media, using apps, watching video, or browsing the internet
Read or view text, images, or video displayed on a handheld device
Use a handheld device at a red light or stop sign; the vehicle must be parked outside a travel lane and a bicycle lane before handheld use is permitted

The law applies to both motor vehicle and bicycle operators.

Exceptions to the Law

There are limited exceptions. Drivers age 18 and older may use hands-free phone calls through Bluetooth or speakerphone. GPS navigation is permitted if the device is properly mounted to the windshield, dashboard, or center console, and only a single touch or swipe is allowed to activate it. Dialing 911 in an emergency is permitted. Drivers under age 18 face a complete ban on all electronic device use, including hands-free mode, with the only exception being emergency 911 calls.

Junior Operator Restrictions

Under M.G.L. c. 90, Section 8M, drivers under 18 face significantly harsher consequences. A first offense carries a $100 fine and a 60-day license suspension. A second offense means a $250 fine and a 180-day suspension. A third offense results in a $500 fine and a one-year license suspension. Reinstatement requires completion of a program that encourages attitudinal changes in young drivers.

Penalties for Distracted Driving in Massachusetts

The penalties for violating the hands-free law escalate with each offense and have meaningful consequences for both the offending driver’s wallet and their insurance rates.

Offense	Fine	Insurance Surcharge	Additional Requirements
First	$100	None (not surchargeable)	None
Second	$250	None (not surchargeable)	Mandatory distracted driving education program
Third or subsequent	$500	Yes (surchargeable incident)	Mandatory education program; SDIP surcharge

A critical distinction is that first and second offenses are not surchargeable under Massachusetts’ Safe Driver Insurance Plan (SDIP), meaning they do not directly increase insurance premiums. Beginning with the third offense, the violation becomes surchargeable, triggering a premium surcharge that can last for up to six years. A surcharge can also eliminate eligibility for safe-driver discounts under the plan.

The Scale of the Problem: Distracted Driving Statistics

The numbers make clear how dangerous distracted driving remains, both in Massachusetts and nationally.

Massachusetts Data

In 2024, distracted driving caused 22 fatalities and 67 injuries in Massachusetts. Over 37,000 hands-free law violations were recorded through the first seven months of 2024, with a significant spike during April’s “Hands-Free Awareness Month.” Since the hands-free law took effect, citations have climbed steadily: 29,662 in 2020, 44,582 in 2021, 51,423 in 2022, and 53,966 in 2023. Approximately 75% of those citations were warnings rather than fines.

Between 2015 and 2019, 12% of all fatal crashes in Massachusetts involved a distracted driver. Since January 2022, out of approximately 64,291 total crashes recorded in the state’s crash database, 2,359 involved a distracted driver, and 558 of those specifically involved illegal electronic device use.

National Data

Nationally, the NHTSA reports that 3,275 people were killed in distraction-affected crashes in 2023, following 3,308 fatalities in 2022. In 2022, an estimated 289,310 people were injured in distraction-affected collisions. Distracted driving accounts for 8% of fatal crashes, 13% of injury crashes, and 13% of all police-reported crashes nationwide. Nearly 20% of those killed in distraction-related crashes were pedestrians, cyclists, and other vulnerable road users.

Nine people in the United States are killed every day in crashes that involve a distracted driver.

The Three Types of Distracted Driving

Understanding the categories of distraction is important both for recognizing dangerous behavior and for building a strong legal claim. The NHTSA and CDC identify three types:

Visual distraction occurs when a driver takes their eyes off the road. Examples include looking at a phone screen, checking a GPS, turning to look at a passenger, or rubbernecking at a roadside event.

Manual distraction occurs when a driver takes their hands off the wheel. Examples include eating, drinking, adjusting the radio or climate controls, reaching for an object, or grooming.

Cognitive distraction occurs when a driver takes their mind off the task of driving. Examples include engaging in a phone conversation (even hands-free), listening intently to a podcast, daydreaming, or being preoccupied by emotional stress. Research shows that cognitive distraction causes “inattention blindness,” where drivers fail to process objects in the road even while looking directly at them.

Why Texting Is the Most Dangerous

Texting while driving is uniquely dangerous because it combines all three types of distraction simultaneously. The driver takes their eyes off the road to read, their hands off the wheel to type, and their mind off driving to compose a message. The Virginia Tech Transportation Institute found in a naturalistic study of commercial drivers that texting made a crash or near-crash event 23 times more likely.

Sending or reading a single text takes a driver’s eyes off the road for an average of five seconds. At 55 mph, that is equivalent to driving the length of an entire football field with your eyes closed. Research by the Transport Research Laboratory found that texting while driving slows reaction time by 37%, more than alcohol or drug impairment. Drivers who are texting are 11 times more likely to miss a traffic signal entirely.

Common Injuries in Distracted Driving Collisions

Federal crash research has identified driver inattention as a leading factor in the large majority of rear-end collisions, which are among the most common crash types on Massachusetts roads. Because a distracted driver typically fails to brake or slow down before impact, these collisions often produce severe injuries even at moderate speeds.

Whiplash and Neck Injuries

Whiplash affects approximately 80% of rear-end collision victims. It occurs when the sudden impact forces the head and neck to snap forward and backward, straining or tearing the soft tissues. Symptoms include neck pain and stiffness, headaches, shoulder and arm pain, dizziness, ringing in the ears, fatigue, and memory problems. Whiplash can occur at speeds as low as 10 mph and may cause chronic pain that lasts months or years.

Traumatic Brain Injuries

Traumatic brain injuries occur in approximately 20% of rear-end collision cases. Even without a direct blow to the head, the sudden deceleration can cause the brain to strike the inside of the skull. Brain injury symptoms may not appear for hours or days and can include cognitive impairment, personality changes, memory loss, difficulty concentrating, and seizures. TBI settlements in Massachusetts can reach $1 million or more for severe cases.

Spinal Cord and Back Injuries

The force of a collision can cause herniated or bulging discs, vertebral fractures, and, in the most severe cases, spinal cord damage leading to partial or complete paralysis. Back injuries frequently require surgery and extended rehabilitation and may cause permanent limitations.

Pedestrian and Cyclist Injuries

Pedestrians and cyclists struck by distracted drivers face catastrophic outcomes. Nearly 20% of all distracted driving fatalities nationwide involve vulnerable road users outside a vehicle. Common injuries include multiple fractures, internal organ damage, traumatic brain injuries, and spinal cord damage. A distracted driver who fails to see a pedestrian in a crosswalk or a cyclist in a travel lane may strike them at full speed with no braking.

Other Common Injuries

Additional injuries from distracted driving collisions include soft tissue damage to muscles and ligaments, rib and collarbone fractures from seatbelt compression, facial lacerations from airbag deployment or dashboard impact, knee and leg injuries, and post-traumatic stress disorder.

How Distracted Driving Affects Liability in Massachusetts

A violation of the hands-free law creates powerful evidence for an injury claim, though it works differently in Massachusetts than in many other states.

Evidence of Negligence, Not Negligence Per Se

An important distinction for Massachusetts: unlike many states, Massachusetts does not follow the doctrine of negligence per se, under which a statutory violation automatically establishes negligence. Instead, a violation of the hands-free law is treated as evidence of negligence that the jury may consider when determining whether the driver was at fault. In practice, a citation for violating the hands-free law, combined with cell phone records showing active use at the time of the crash, creates extremely strong evidence that is difficult for the defense to overcome.

Why Proof of Phone Use Strengthens Your Claim

When you can prove the at-fault driver was on their phone, it transforms the claim in several important ways. First, it eliminates the “he said, she said” ambiguity that insurance adjusters frequently exploit to justify lowball offers. Second, objective cell phone records timed to the moment of the collision are evidence that adjusters and juries find compelling. Third, juries view texting while driving as particularly reckless behavior and are more willing to award higher damages. Finally, clear proof of distraction shifts the focus of the case away from liability and entirely onto the value of your damages, which is where you want the negotiation to be.

The $2,000 Tort Threshold

Under M.G.L. c. 231, Section 6D, a plaintiff in a motor vehicle tort action must demonstrate at least $2,000 in reasonable and necessary medical expenses before recovering pain and suffering damages. Exceptions apply when the injury causes death, consists in whole or in part of a fracture, or causes loss of a body member, permanent and serious disfigurement, or loss of sight or hearing. Because distracted driving collisions frequently produce injuries that exceed this threshold, meeting the requirement is rarely an obstacle in these cases. Understanding whether Massachusetts is a no-fault state and how this threshold works is important for evaluating your claim.

Proving the Other Driver Was Distracted

Building a strong distracted driving claim depends on gathering and preserving the right evidence. Your attorney must act quickly because critical evidence can disappear within days or weeks.

Cell Phone Records

Cell phone records are the most powerful form of evidence in a distracted driving case. Your attorney can subpoena the at-fault driver’s wireless carrier for call detail records that show the exact times of calls, texts sent and received, and data usage. These records can prove the driver was actively using their phone at the moment of the collision. A forensic examination of the physical phone can reveal additional details, including app activity, screen unlock timestamps, and social media usage that carrier records may not capture.

Time is critical. Wireless carriers retain metadata for varying periods: AT&T holds call records for up to seven years, Verizon retains records for approximately one year, and T-Mobile may purge metadata in as little as 90 days. An attorney can send a preservation letter requiring the carrier to retain records for 90 days, with extensions available. Identifying the at-fault driver’s phone number and sending a preservation letter within weeks of the collision is essential.

Police Reports and Citations

A police report that documents a hands-free law citation creates strong corroborating evidence. Officers may note observations such as a phone visible in the driver’s hand, the driver appearing distracted, or the driver admitting to phone use at the scene.

Witness Testimony

Third-party eyewitnesses carry significant weight because they have no financial stake in the outcome of the case. Bystanders, other drivers, and employees at nearby businesses who observed the at-fault driver looking down at a phone or holding a device provide compelling testimony.

Dash Cam and Surveillance Footage

Video from nearby businesses, traffic cameras, and other vehicles’ dash cameras can capture the at-fault driver looking down or holding a phone in the moments before the collision. This footage is typically overwritten within 24 to 72 hours, making immediate action after a collision essential.

Crash Reconstruction

Expert analysis of skid marks, impact angles, and vehicle damage can demonstrate that the at-fault driver failed to brake or take evasive action, which is consistent with inattention. Vehicle Event Data Recorder (EDR) data, sometimes called the “black box,” records speed, braking, and steering inputs in the seconds before impact.

Social Media Activity

Posts, likes, comments, and messages timestamped near the time of the collision can be subpoenaed from social media platforms. This evidence can prove the driver was scrolling or interacting with their phone while behind the wheel.

Distracted Driving Settlement Values

Proof of distraction tends to increase settlement values because it eliminates disputed liability and focuses the negotiation entirely on damages. The average car crash settlement rises significantly when objective evidence of phone use exists.

Injury Severity	Typical Settlement Range
Minor (whiplash, soft tissue, sprains)	$10,000 to $25,000
Moderate (broken bones, concussions, torn ligaments)	$25,000 to $75,000
Severe (TBI, spinal cord damage, permanent disability)	$100,000 to $1,000,000+

Note: These are general ranges. Every case is different, and your settlement will depend on the specific facts of your case.

According to published settlement-data compilations, distracted driving settlements frequently range from $40,000 to $100,000 for cases with clear evidence of phone use, though cases involving severe injuries routinely exceed these figures. In one reported case, a driver who admitted to being distracted by cell phone use in violation of the hands-free law produced a $400,000 settlement. A pedestrian struck by a distracted driver who suffered multiple broken bones requiring surgery received $250,000 in compensation, and a pedestrian who sustained a traumatic brain injury and long-term disability from a crosswalk collision recovered $1.2 million. These reported results involve different law firms, parties, and facts; they are illustrations only, not results obtained by Scalli Murphy Law and not a prediction of any outcome.

For a broader view of what personal injury cases are worth, see our guide to average personal injury settlements in Massachusetts.

Comparative Negligence in Distracted Driving Cases

Massachusetts follows a modified comparative negligence system under M.G.L. c. 231, Section 85. If you are found partially at fault for the collision, your compensation is reduced by your percentage of fault. If you are found more than 50% at fault, you recover nothing.

This rule has particular significance in distracted driving cases because the defense will scrutinize your behavior as well. If you were also on your phone, adjusting your GPS, or engaging in any distracting activity at the time of the collision, the at-fault driver’s insurance company will argue shared fault to reduce your recovery.

For example, if a jury determines you suffered $200,000 in damages but were 25% at fault for failing to notice the other driver’s erratic behavior in time to take evasive action, your recovery would be reduced to $150,000. Conversely, proving that the defendant was violating the hands-free law while you were driving attentively can shift the fault allocation heavily in your favor.

This is one reason why preserving your own cell phone records is also important. Your attorney can use your records to affirmatively demonstrate that you were not using your phone at the time of the collision.

What to Do After a Distracted Driving Collision

The steps you take immediately after being hit by a distracted driver can significantly affect the value of your claim. Follow these steps to protect your health and your legal rights.

At the Scene

Call 911. A police report that documents the collision is essential evidence. Tell the officer if you observed the other driver holding or looking at a phone.
Seek medical attention even if you feel fine. Whiplash, concussions, and internal injuries frequently produce delayed symptoms.
Photograph everything: vehicle positions, damage, skid marks (or absence of skid marks, which may indicate the driver never braked), debris, traffic signals, the other driver’s phone if visible, and your injuries.
Get witness information. Ask bystanders if they saw the other driver using a phone and collect their names and contact numbers.
Note the officer’s name, badge number, and report number.

In the Days Following

Follow up with a doctor within 24 to 48 hours, even if the emergency room cleared you.
Document your injuries daily with photos and journal entries describing pain levels, limitations, and how the injuries affect your daily life.
Do not give a recorded statement to the other driver’s insurance company without first consulting an attorney.
Do not accept an early settlement offer. Insurance companies make lowball offers before you understand the full extent of your injuries. Learn about common insurance company tactics to protect yourself.
Do not post about the collision on social media. Insurance adjusters will use your posts against you.
Contact an attorney immediately so they can send preservation letters for the at-fault driver’s cell phone records and any surveillance footage before the evidence is lost.

Understanding your PIP coverage and how it applies to your initial medical expenses is also an important early step.

The Statute of Limitations: Do Not Wait Too Long

Under M.G.L. c. 260, Section 2A, you have three years from the date of the collision to file a personal injury lawsuit. If you miss this deadline, your claim is barred regardless of how strong your case is. The statute of limitations applies to all personal injury claims in Massachusetts, including those arising from distracted driving.

While three years may seem like a long time, cell phone records, surveillance footage, and witness memories degrade rapidly. Contacting an attorney within days or weeks of the collision, not months, gives your legal team the best opportunity to preserve the evidence that proves the other driver was distracted. Understanding how long a car crash lawsuit takes in Massachusetts can help you plan your case timeline.

Insurance Implications of Distracted Driving

Massachusetts’ Safe Driver Insurance Plan (SDIP) determines how driving violations and at-fault collisions affect insurance premiums. For distracted driving offenses, the first and second violations do not trigger a surcharge. Beginning with the third offense, the violation becomes surchargeable, resulting in a premium surcharge that can last up to six years.

More importantly for injury victims, if the at-fault driver has a history of prior distracted driving citations, it demonstrates a pattern of dangerous behavior that strengthens your claim. Multiple prior offenses can support arguments for higher damages, and insurance companies have greater difficulty defending claims when their insured has a documented history of violating the hands-free law.

If the at-fault driver caused an at-fault collision while distracted, the collision itself is a separate surchargeable incident under the SDIP, in addition to any citation for violating the hands-free law.

Why You Need a Massachusetts Distracted Driving Attorney

Distracted driving claims require an attorney who understands both the technology involved in proving phone use and the legal framework for maximizing your recovery. A personal injury attorney experienced in these cases will:

Send preservation letters immediately to wireless carriers, businesses with surveillance cameras, and the at-fault driver to prevent the destruction of critical evidence
Subpoena cell phone records and retain forensic experts to analyze the at-fault driver’s phone activity at the time of the collision
Obtain the police report and any hands-free law citation documentation
Employ crash reconstruction experts to demonstrate the at-fault driver’s failure to brake or take evasive action
Handle all insurance communications and counter lowball settlement tactics
Retain medical experts and life care planners to document the full extent of your injuries and future needs
Litigate the case at trial if the insurance company refuses to make a fair offer

Residents of Boston, Somerville, Medford, and communities across eastern Massachusetts can reach Scalli Murphy Law for a free consultation about their distracted driving claim.

Frequently Asked Questions

What are the penalties for distracted driving in Massachusetts?

Under the Massachusetts hands-free law (M.G.L. c. 90, Section 13B), penalties increase with each offense. A first offense carries a $100 fine with no insurance surcharge. A second offense carries a $250 fine plus a mandatory distracted driving education program, but still no insurance surcharge. A third or subsequent offense carries a $500 fine, the mandatory education program, and an insurance surcharge under the Safe Driver Insurance Plan that can increase premiums for up to six years. For junior operators under age 18, penalties are significantly harsher and include license suspensions of 60 days for a first offense, 180 days for a second offense, and one year for a third or subsequent offense.

How do you prove the other driver was on their phone during a crash?

Proving phone use at the time of a crash requires gathering multiple types of evidence. The most powerful evidence is cell phone records obtained through a subpoena to the wireless carrier, which show exact times of calls, texts, and data usage. Your attorney can also request forensic examination of the physical phone to uncover app activity and screen unlock timestamps. Additional evidence includes police reports noting a hands-free law citation, eyewitness testimony from bystanders who observed the driver holding a phone, dash cam or surveillance footage from nearby vehicles or businesses, crash reconstruction analysis showing lack of braking or evasive action, and social media activity timestamps near the time of the collision. Acting quickly is critical because wireless carriers may purge metadata in as little as 90 days.

How much is a distracted driving settlement worth in Massachusetts?

Distracted driving settlement values in Massachusetts depend on injury severity and the strength of evidence proving distraction. Minor injuries such as whiplash and soft tissue damage typically settle for $10,000 to $25,000. Moderate injuries involving broken bones, concussions, or torn ligaments range from $25,000 to $75,000. Severe injuries including traumatic brain injuries, spinal cord damage, or permanent disability can reach $100,000 to $1,000,000 or more. Proof that the at-fault driver was on their phone tends to increase settlement values because it eliminates disputed liability and shifts the focus entirely to damages. Insurance adjusters are more likely to offer higher settlements when confronted with objective cell phone records timed to the moment of the collision.

Does a hands-free law violation automatically prove negligence in Massachusetts?

No. Unlike many other states, Massachusetts does not follow the doctrine of negligence per se, under which a statutory violation would automatically constitute negligence. Instead, a violation of the hands-free law is treated as evidence of negligence that a jury can weigh when deciding whether the driver was at fault. In practice, however, a hands-free law citation combined with cell phone records showing active use at the time of the crash creates very strong evidence of negligence. Adjusters and juries tend to view distracted driving as particularly reckless behavior, and proof of a violation typically makes it much harder for the at-fault driver to deny responsibility.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car collisions, distracted driving crashes, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you or a family member has been injured by a distracted driver, Scalli Murphy Law can evaluate your case, identify the full extent of your damages, and pursue the maximum compensation available. We understand how to prove phone use, preserve critical evidence, and hold distracted drivers accountable for the harm they cause.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

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This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Distracted Driving Accident Massachusetts – Claims Guide