Nashville Distracted Driving Accident Attorney

Advocating for Victims of Texting While Driving Accidents in Tennessee

Proverbs tells us that as long as our eyes look directly forward and we keep our gaze straight before us, then all our ways will be sure. Attorney Stanley A. Davis knows many motorists across Tennessee try to follow that advice but can be injured in car accidents caused by a driver who was texting or talking on a cell phone. He can subpoena a negligent driver’s phone records as part of a thorough accident investigation and fight to get compensation for injured clients in personal injury claims.

If you’ve been involved in a distracted driving accident, don’t wait. Contact us at (615) 866-3938 today for a free consultation and get the legal support you need.

Types of Driving Distractions

There are three types of distractions while driving:

• Visual distraction: Something that takes the driver’s eyes off the road
• Manual distraction: Something that takes the driver’s hands off the wheel
• Cognitive distraction: Something that takes the driver’s mind off the primary task

What Are Some Common Causes of Distracted Driving?

Texting is one of the most dangerous forms of distraction because it involves all three types of distraction. Other forms of distraction that can endanger other motorists include:

• Adjusting a car stereo
• Eating or drinking
• Grooming
• Reading maps
• Talking to other passengers
• Using navigation systems
• Watching a video

Common Injuries in Distracted Driving Accidents

Attorney Stanley A. Davis stands up for the victims of distracted driving accidents. He works tirelessly to help individuals who have sustained serious injuries such as broken bones, severe burns, traumatic brain injuries, spinal cord injuries, or paralysis receive the compensation they need to recover and move on with their lives. Our lawyer can also file wrongful death claims on behalf of families who have lost loved ones in fatal car accidents caused by motorists who were texting while driving.

What Damages Can You Recover in a Distracted Driving Accident Claim?

When pursuing a distracted driving accident claim, victims may be eligible to recover various damages, compensating them for the physical, emotional, and financial toll they have endured.

• Medical Expenses: Victims are entitled to compensation for all medical costs related to the accident, including emergency care, surgeries, hospital stays, medications, and ongoing rehabilitation.
• Lost Wages and Future Earnings: Victims can pursue compensation for lost wages and potential future earnings if the injuries sustained in a distracted driving accident result in missed work or diminished earning capacity
• Property Damage: Compensation may cover the restoration or replacement of the damaged vehicle, as well as any personal property affected in the accident.
• Pain and Suffering: Victims can pursue damages for physical and emotional pain and suffering endured because of the accident. This encompasses both the immediate impact and any lasting consequences.
• Loss of Consortium: In cases where the distracted driving accident has adversely affected personal relationships, spouses or family members may be eligible to seek compensation for the loss of companionship and support.
• Punitive Damages: In certain instances, punitive damages could be awarded to punish the at-fault party for egregious conduct, such as willful or reckless distraction while driving.

Is Texting While Driving Illegal in Tennessee?

Tennessee law makes it illegal for drivers to send text messages while behind the wheel. Texting while driving is arguably one of the worst driving errors and most common driving distractions. While laws to prevent cell phone use while driving do exist, some drivers do not always follow these laws.

Car accident statistics from the Centers for Disease Control (CDC) show that more than 15 people die and more than 1,200 people suffer injuries every day in car accidents that involve a distracted driver. Teenagers are the age group responsible for texting while driving the most. Teenagers can be dangerous drivers because, along with a higher likelihood of texting while driving, they are also less experienced as drivers.

How Texting While Driving Affects Your Case

Texting while driving is one of the most dangerous forms of distracted driving because it involves visual, manual, and cognitive distractions all at once. When a driver is caught texting while behind the wheel, it automatically implies negligence. This means the driver failed to exercise the standard care expected on the road, making it easier for the victim to prove fault in a personal injury case.

• Proving Negligence: In a texting while driving case, negligence is almost presumed. The law assumes that the driver was distracted and failed to pay attention, which directly led to the accident.
• Obtaining Evidence: To strengthen the case, the victim's attorney can subpoena the driver's phone records to confirm whether they were texting or talking on the phone at the time of the crash. Additionally, other evidence such as eyewitness accounts, traffic camera footage, and the police report can help solidify the claim.

The Role of Law Enforcement in Distracted Driving Accidents

Law enforcement plays a crucial role in distracted driving cases. Their documentation can help prove the cause of the accident and provide the necessary evidence for a personal injury claim.

• Police Reports: When police arrive at the scene of an accident, they often note whether the driver was distracted. This can include information on whether the driver was using a phone or otherwise engaged in distracting behavior.
• Traffic Citations: If the driver receives a ticket for texting or using a mobile device while driving, it strengthens the case by showing that the driver was breaking the law.
• Other Documents: Law enforcement may also collect statements from witnesses, take photographs, and perform field tests, all of which contribute to proving negligence and assigning liability.

Distracted Driving and Teenagers

Teenagers are more likely to engage in distracted driving due to a combination of inexperience, immaturity, and peer pressure. As a result, they are at a higher risk of causing accidents.

• Higher Risk Factors: Teenage drivers often struggle with focusing on the road because they may not yet have the experience to multitask behind the wheel. Texting, talking, or even listening to music can distract them and impair their ability to react quickly to changing road conditions.
• Statistics: According to the National Highway Traffic Safety Administration, teens are involved in distracted driving accidents more than any other age group. In 2019, over 10% of teen drivers involved in fatal crashes were distracted at the time.
• Prevention Tips: To reduce the risk of accidents, parents can set clear driving rules, such as implementing a no-phone policy and enforcing limits on the number of passengers a teen can have in the car.

Frequently Asked Questions (FAQ)

Can I file a distracted driving claim if the driver was not texting but was using a different form of distraction, like eating or adjusting the radio?

• Yes, you can file a claim. Any form of distracted driving, such as eating, adjusting the radio, or talking to passengers, can be considered negligence if it leads to an accident. Proving the driver was distracted and at fault will strengthen your case.

How long do I have to file a distracted driving accident claim in Tennessee?

• In Tennessee, the statute of limitations for filing a personal injury claim is generally one year from the date of the accident. It’s important to consult with a lawyer as soon as possible to ensure you don’t miss the deadline.

Will insurance cover my medical bills if I was involved in a distracted driving accident?

• In most cases, your own insurance policy (specifically Personal Injury Protection or PIP) can help cover medical expenses. However, if the distracted driver was at fault, you may also be able to seek additional compensation from their insurance for medical bills, lost wages, pain, and suffering.

How can I prove that a driver was texting while driving?

• Proving a driver was texting typically involves obtaining their phone records, which your attorney can subpoena. Police reports and eyewitness testimony may also help confirm that texting was a factor in the accident.

What is the difference between a personal injury claim and a wrongful death claim in a distracted driving case?

• A personal injury claim is filed by the person who was injured in the accident, while a wrongful death claim is filed by the surviving family members if the accident resulted in the death of a loved one. Both claims can help families recover damages for medical expenses, lost wages, and emotional distress.

How does distracted driving affect my chances of winning a case?

• Distracted driving is typically viewed as negligent behavior, making it easier to prove fault. However, the outcome of the case depends on the evidence collected, such as phone records, witness statements, and police reports. Having solid evidence can significantly increase your chances of a successful claim.

Can teenagers be held responsible for distracted driving accidents?

• Yes, teenagers can be held liable for accidents caused by distracted driving. Although they may face additional challenges due to their age, they are still responsible for obeying traffic laws. Parents may also be held responsible if they fail to supervise their teen drivers or enforce rules against distracted driving.

Get Legal Help from Our Nashville Distracted Driving Accident Lawyer 

Our Nashville distracted driving accident attorney at the Law Office of Stanley A. Davis is committed to advocating for maximum compensation on behalf of our clients. We strive to alleviate the burdens our clients face in the aftermath of these traumatic events, allowing them to focus on their recovery. Contact us today to schedule a consultation and take the first step towards securing the compensation you are entitled to.

Need help with your distracted driving case? Contact us now at (615) 866-3938 for experienced legal representation and personalized advice.