Distracted driving continues to be a growing problem in Massachusetts– in the first seven months of 2024, drivers in the state racked up 697,000 total driving violations. More than 37,000 of these were specifically for distracted driving.

Distracted driving: what is it?

Any activity that diverts a driver’s focus from operating a vehicle is considered distracted driving. Three categories of distracted driving exist:

1. Visual: averting your gaze from the road
2. Manual: removing your hands from the steering wheel
3. Cognitive: focusing on something other than driving

Texting, navigating the GPS, eating, or even conversing can all be considered forms of distracted driving. Even a daydream can have profound effects on one’s driving ability.

Why pedestrians are particularly at risk

Although everyone is at risk from distracted drivers, pedestrians are particularly at risk. In Massachusetts, motor vehicle crashes resulted in 69 pedestrian fatalities and 1,591 pedestrian injuries in 2023. There have already been 564 collisions involving pedestrians in 2025.

National estimates indicate that one pedestrian is killed and one is injured in a traffic accident every 113 and 8 minutes, respectively. These figures demonstrate how hazardous distracted driving can be for pedestrians.

Typical pedestrian injuries

The injuries that result from a car hitting a pedestrian are frequently quite serious. Among the most frequent injuries are:

• Soft tissue damage: This includes bruises, contusions, sprains, strains, ligament tears, puncture wounds, and lacerations. These may seem minor but can lead to long-term pain or limited mobility.
• Internal injuries: These include internal bleeding, organ damage, and collapsed lungs – injuries that may not be immediately visible but can be life-threatening if untreated.
• Fractures: Compound fractures are the most common, where the bone pierces the skin. They are particularly serious and often require surgery and extended rehabilitation.
• Spinal cord injuries: These can result in partial or complete paralysis, drastically altering a person’s quality of life.
• Traumatic brain injuries (TBI): A blow to the head can impair brain function, affecting everything from speech to motor skills to memory. TBIs can range from concussions to permanent brain damage.

In addition to physical harm, these injuries may result in psychological distress, lost wages, and a reduced capacity for enjoyment of life.

Prevention advice for pedestrians and drivers

In addition to laws and enforcement, individual accountability is a key factor in lowering pedestrian injuries. There are proactive measures that both pedestrians and drivers can take to reduce accidents caused by distracted driving.

Advice for drivers:

• Before you start the car, put your phone in Do Not Disturb mode.
• Avoid adjusting your phone while driving by mounting it for hands-free navigation.
• Do not multitask. Avoid eating, grooming, and tinkering with in-car entertainment systems while operating a motor vehicle.
• Remain emotionally focused. If you’re feeling anxious, sleepy, or overburdened, stop driving.

Preventive tips for drivers and pedestrians

While laws and enforcement are critical tools in reducing pedestrian injuries, personal responsibility plays a major role as well. Both drivers and pedestrians can take proactive steps to prevent distracted driving-related accidents.

Tips for drivers:

• Use Do Not Disturb mode on your phone before starting the car.
• Mount your phone for hands-free navigation and avoid adjusting it while driving.
• Avoid multitasking. Don’t eat, groom, or fiddle with in-car entertainment systems while behind the wheel.
• Stay focused. Pull over if you’re feeling stressed, drowsy, or overwhelmed.

Advice for pedestrians:

• Even if the street appears clear, heed traffic signals and cross at designated crosswalks.
• Before you get on the road, make sure drivers can see you by making eye contact.
• Steer clear of distractions. Avoid using headphones or sending texts while crossing crowded streets.
• Wear clothing that is visible, particularly at night or in dimly lit areas.

The likelihood of a serious or even deadly incident can be considerably decreased by making a few minor behavioral adjustments.

Distracted driving laws in Massachusetts

Massachusetts has enacted two major laws to combat distracted driving:

The Safe Driving Law (2010)

The Safe Driving Law forbids using a handheld device to send, type, or read messages– including texts – while operating a motor vehicle. Additionally, using the internet while driving is prohibited. Enforcement has stepped up in recent years to deter repeat offenses, and offenders face fines of up to $500. For junior drivers (those under 18), there is a more complete ban, which states “No person under 18 years of age shall use a mobile telephone, hands-free mobile telephone or mobile electronic device while operating a motor vehicle on any public way.”

The Hands-Free Law (2020)

Massachusetts passed the Hands-Free Law, which forbids drivers from holding or using any electronic device unless it is in hands-free mode.

• $100 fine for first offense
• $250 fine and completion of a distracted driving education course are required for a second offense.
• $500 fine and an insurance surcharge for third and subsequent offenses.

Regardless of the number of infractions, operators of school buses and other public transportation are subject to a $500 fine for each infraction.

Criminal penalties for driving while distracted

A distracted driver may face criminal charges if they cause fatalities or serious injuries. These criminal charges in Massachusetts could consist of:

• Negligent operation of a motor vehicle
• Reckless operation of a motor vehicle
• Homicide by motor vehicle

A permanent criminal record, license suspension, and jail time are all possible outcomes of these charges, depending on how serious they are.

Legal options for injured pedestrians

You might be able to file a personal injury claim if you or a loved one was hit by a distracted driver. Victims of pedestrian accidents may pursue damages for:

• Past and future medical bills
• Lost wages
• Suffering and agony
• Costs of rehabilitation
• Permanent impairment or deformity

What else should you know?

• It is always the responsibility of drivers to avoid colliding with pedestrians.
• Any accident that results in injuries must be reported to the police.
• The statute of limitations for bringing a wrongful death or personal injury claim in Massachusetts is three years.
• Even before fault is established, you might be eligible for benefits from the driver’s personal injury protection (PIP) insurance.
• Massachusetts has a comparative negligence system, which means that even if you were partially at fault, you can still obtain compensation for damages as long as you weren’t more than 50% at fault.

Get help today

Our skilled pedestrian accident lawyers at Breakstone, White & Gluck have a proven track record of successfully bringing careless drivers to justice. After catastrophic accidents, we have helped injured clients rebuild their lives by recovering up to $7.1 million.

Our legal team is aware of the financial and emotional toll that these collisions have on the victims and their families. We put in a lot of effort to make sure our clients get the money they are due for both the immediate needs of their injuries and the long-term effects of those injuries. For a free consultation, give us a call or complete our online form.