Cell Phone Car Accidents
Mr. Trotz was recognized from 2019-2023 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
Mr. Trotz was recognized from 2019-2023 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
Motor Vehicle Wreck Lawyers Serving People Injured in Memphis and Surrounding Areas
When you get behind the wheel, your sole focus should be your surroundings – the road, other vehicles, and traffic lights, just to name a few. While it is tempting to use your cell phone to send a text message, check social media, or make a quick phone call, these distractions can cause you to lose focus and crash into someone or something else. Cell phone car accidents are common across Memphis, Tennessee, and the rest of the country. At Nahon, Saharovich & Trotz, our Memphis car accident attorneys assist victims in pursuing compensation for injuries caused by the negligence and carelessness of other drivers. We have represented the interests of injured parties for more than 30 years.
How Cell Phones Can Cause Car Accidents in Memphis
Tennessee law has banned texting while driving, except in limited circumstances involving public officials while performing their job duties. This law is codified as Tenn. Code Ann. § 55-8-199 and states “no person while driving a motor vehicle on any public road or highway shall use a hand-held mobile telephone or a hand-held personal digital assistant to transmit or read a written message.”
In Shelby County alone, more than 44,000 car accidents between 2007 and 2017 were caused by distracted driving, according to data compiled by the Tennessee Department of Safety & Homeland Security. The next highest county only had 20,000 such crashes. Cell phone car accidents can be caused by taking any of the following actions:
- Texting while driving
- Checking Facebook or social media
- Making a phone call
- Reading or sending emails
- Surfing the Internet
- Browsing iTunes or another music library
If a cell phone caused a driver to be distracted and crash into your vehicle, you may have suffered neck or back injuries, broken bones, fractures, or other conditions. To recover damages for hospital bills, medical treatment, lost wages, and pain and suffering, you will need to prove the defendant’s negligence by a preponderance of the evidence. In Tennessee, this burden of proof rests squarely on the plaintiff’s shoulders. Thus, if you cannot prove that the defendant breached a duty owed to you to act reasonably, then your claim can be dismissed.
Following a wreck, the responding police officer may issue a citation for texting while driving. This could help prove the defendant’s negligence. Other forms of proof could be witness testimony or cell phone records. If the defendant or his insurance carrier denies responsibility for your accident, a lawsuit may need to be filed. Through the discovery process, cell phone records may be obtained via subpoena. These records could indicate if the driver was talking on the phone or texting while the accident occurred. A Memphis attorney can assist you in gathering the proof needed to prove liability in your case.
Car Accident Attorneys Ready to Take Your Call Today
If you have been injured by someone texting while driving or not paying attention to the road because they were looking down at their phone, you may be able to recover economic and non-economic damages stemming from the cell phone car accident. A lawyer knowledgeable in Tennessee law can investigate your car wreck and identify the forms of damages to which you may be entitled to recover. At Nahon, Saharovich & Trotz, our team of injury attorneys represents people throughout Tennessee, Arkansas, Mississippi, Missouri, and Kentucky, including in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office by calling 800-LAW-4004 or by completing our online form to set up a free appointment with a motor vehicle collision lawyer. Let us explain to you why NST is the way to go.
