Massachusetts, as of September 30, 2010, joined the growing list of states to ban texting while operating a motor vehicle. While the new Massachusetts cell phone use while driving law provides fines for violations, it will have implications for accidents caused by driving while texting. In case of an injury-causing accident, violation of the statute by texting while operating a vehicle will be evidence of negligence on the part of the vehicle operator. At the trial of a personal injury case, the judge would likely read the texting while driving statute to the jury and instruct the jury that it could consider violation of the statute as evidence of negligence.
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