If you’ve been in a Car Accident in the Fall River and you believe the driver was distracted when the accident happened, it’s possible for a Fall River car accident lawyer to track the driver’s social media activity and use it as evidence in your claim.

According to a report published by the National Highway Traffic Safety Administration, texting and driving were responsible for the deaths of approximately 3142 people in 2020. Despite the numerous campaigns against texting and driving, more and more people are still using their phones while driving. This begs the question as to whether texting is the problem or if the larger problem lies with other actions on smartphones.

Now that most people living in the US have phones that can easily access the internet, more people are spending time on social media than they are texting. In fact, a survey conducted by AT&T shows that social media sites commonly accessed by drivers while driving include Facebook, Twitter, Instagram, and Snapchat. 12% of those who participated in the survey admitted to shooting videos and 10% to video chatting while driving.

How is Social Media a Distraction While Driving?

Social media is not all about sending posts to your followers because it can be much more involving than that. Below are some of the ways that social media can be distracting:

• Livestreaming while driving
• Updating statuses or responding to direct messages
• Taking selfies
• Taking videos
• Scrolling through your timeline

Checking your social media even for just a second is all it takes to miss a stop sign, run a red light or cause a serious accident.

Can You Hold a Driver Liable for a Car Accident Caused by Their Social Media Use?

Massachusetts enforced a law that prohibits drivers from holding a phone while driving unless they are making an emergency call. In fact, the only electronic device drivers are allowed to use while driving is a GPS mounted on the dashboard. This means that anyone distracted by social media while driving will be held liable for any damages incurred during the accident. Additionally, if a feature is implemented on a social media platform and it leads to reckless driving, the social media company can also be held liable.

How Can You Prove Social Media Distraction in a Car Accident Claim?

You can build a solid case if you can prove that the at-fault driver caused the accident because they were distracted by social media. You can prove this by producing video footage, eyewitness statements, or car accident scene reconstruction. Their social media profile will also provide a timeline connecting their activity on social media to the car accident.

Every post we make on social media has a timestamp and can be used to show when we posted it. This makes it possible to track live streams and liking a post and if there is a record of the driver using social media around the time of the accident, you’d be able to prove that they were distracted and should be held liable for the accident.

How to File a Fall River Car Accident Claim For an Accident Caused by Social Media Use

Massachusetts is a no-fault state which means no matter who caused the accident PIP will pay any damages you incurred as a result of the accident. Unfortunately, PIP cover in MA, is $8, 000 and depending on how serious your injuries are, that might not be enough to cover them. You will, therefore, have to file a car accident claim in the hope of receiving compensation.

Hiring a Fall River car accident lawyer can help you with filing a car accident claim. They will be able to help you identify liable parties, collect evidence and file a claim against the at-fault party’s insurance company.

If your car accident lawyer in Fall River can’t negotiate a settlement with the insurance company, they will have to file a car accident lawsuit. This action is done in the hopes of getting compensation for the damages you suffered as a result of someone else’s negligence.

A successful car accident lawsuit can get you compensation for both tangible and intangible damages.

Contact a Fall River Car Accident Lawyer For Help

At Kevin P Landry Law Offices, we have skilled and experienced Fall River car accident lawyers that will do whatever it takes to secure a settlement for you. Contact us today at 508-676-0001 to schedule your free initial consultation.