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Health & Fitness

Eyes on the Road, Not on the Phone

Distracted driving has taken on a whole new meaning these days, with more than just the radio to grab our attention learn what the law says about distracted driving.

On September 30, 2010 Massachusetts passed The Safe Driving Law.  This makes it illegal for any individual to use any mobile device that has the capabilities of sending an email, getting onto the internet, making a phone call or texting while operating a motor vehicle.  This law was enacted to protect drivers from distractions, including focusing on their cell phones or other devices while driving.  The habit of texting and driving started as a fad among younger drivers and has crossed the generation gap, creating a dangerous environment for all drivers.

Those that choose to use their cellular phones or any handheld device while operating a motor vehicle will suffer penalties should an accident occur.  The driver can be charged with both civil and criminal penalties; for a first offense there is a 60-day suspension of driver’s license and a $500 reinstatement fee.  If an accident is caused while driving and using a cellular phone, and there is an injury to another driver, pedestrian, or passenger, that individual will be held accountable in a civil lawsuit.  Although the driver is not automatically found negligent, the violation would most likely be admissible as evidence that the driver was in fact negligent. 

Recently the Massachusetts Academy of Trial Attorneys (MATA) launched its campaign “End Distracted Driving”.  The hope of MATA is to prevent car accidents and promote safe driving through advocacy, education and action.  Directing efforts towards new drivers, MATA is making their way across Massachusetts making presentations at high schools about what is means to be a safe driver.  The first high school presentation was at Medford High School on February 3, 2013.  MATA hopes to educate students on being a safe driver and making sure that they are not distracted while operating a motor vehicle.  Distracted driving doesn’t just include the use of a cellular phone. Eating, drinking, applying make-up, fiddling with a GPS, or changing the radio station can all created dangerous situations. 

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Ben Zimmerman Joined Sugarman and Sugarman P.C. in 2000 as an associate and became a partner in 2007. His practice is dedicated to the litigation and trial of personal injury cases with emphasis in the areas of defective products, medical malpractice, construction site accidents, and premise liability. For more information visit www.sugarman.com  

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