Distracted Driving Accident Lawyer
Distracted driving is a significant issue in Tennessee’s state capital. In fact, during the last decade, Davidson County has averaged well over 2,000 distracted driving accidents each year.
With the second-highest number of distracted driving accidents in the state, Nashville residents should be aware of the dangers of distracted driving and what to do after a collision with another vehicle.
If you’ve been involved in a vehicle collision with a distracted driver, you need an experienced car accident lawyer to protect your rights. The legal team at NST Law has the resources and determination to pursue your claim from the initial filing to the courtroom.
As the largest personal injury firm in Tennessee, we have what it takes to help you get the compensation you deserve. Call us today at 866-724-0998 to discuss your case.
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Common Causes of Distracted Driving
Texting and driving is probably the best-known cause of distracted driving and can cause countless accidents, from fender benders to multi-car pileups each year. However, several other common actions result in distracted driving, too, including:
- Eating or drinking
- Listening to podcasts or music and ignoring the road
- Consuming alcohol or drugs or being under the influence while driving
- Putting on makeup or personal grooming
- Interacting more with passengers in the car than paying attention to other drivers
In addition to these universal causes, a few other considerations make distracted drivers more common in Nashville.
First, the city is a popular tourist destination, with country music fans flocking to the Grand Ole Opry, people visiting the state capitol, and Vanderbilt sports fans coming to town to watch a game. Visitors like these, who are unfamiliar with the roads, will likely pay attention to their GPS and not what is happening on the road.
Second, Nashville is bisected by one of the busiest interstates and trucking corridors in the country, Interstate 40. Many Nashville residents are all too familiar with how I-40 and its bypass highways seem to be under constant construction.
Navigating around detours and work zones can make it harder to keep your full attention on what other cars are doing.
Therefore, it is even more important for drivers in Nashville to practice defensive driving, give the road their full attention, and understand what to do if they have been involved in a car accident.
What happens after I have been in a car wreck in Nashville?
The first moments after an accident are chaotic, painful, and scary. You’re probably stunned and worried about your passengers or the other driver. Stay calm, and trust the first responders to help.
Following the right steps after an accident can ensure that you are safe, following the law, and in a good position if you need to file a claim or lawsuit.
Call 911, even if the other driver only wants to exchange information. The police will arrive at the scene and collect witness information and statements and examine the accident.
Their investigation, including all parties’ accounts of what happened, will go into a police report, which typically assigns responsibility for the accident. Having a police report is a significant element when it comes to proving liability.
Make sure to get medical attention after a Nashville car accident too. You may not think you’re hurt, but there are a couple of good reasons to have EMS check you out. When you are in a wreck, your body releases adrenaline, which can mask the pain of injuries and make you feel more energized or alert.
Many kinds of car accident injuries, especially those involving soft tissue, neck, back, and spine, may not present symptoms right away. But emergency medical teams are trained to identify and diagnose these kinds of injuries and administer treatment right away. This gives you a better chance of a full recovery.
Your personal injury lawyer will use the police report and medical records to help prove the at-fault driver’s liability.
How is liability proven in a distracted driving accident?
If a distracted driver causes an accident and harms another party, then the victim may be able to seek compensation under Tennessee’s theory of negligence per se, which determines that an act is negligent if it violates a safety law intended to protect the victim.
For example, laws against texting and driving or driving under the influence are essential road safety laws designed to protect other drivers and passengers.
However, if a driver is distracted but not violating a safety law, then a negligence claim becomes more complicated. The accident victim’s lawyer must prove the at-fault driver owed a duty of care to the victim and breached that duty of care, resulting in injury to the victim. They must further prove that the victim suffered damages from that injury.
Your car accident lawyer may prove that the at-fault driver was distracted by obtaining cell phone records, showing that they were on their phone while driving, or collecting witness statements that may indicate they were otherwise distracted. This proof, in addition to medical records and the police report, is part of your damages case.
How is liability proven in a distracted driving accident?
Your lawyer will likely seek both economic and noneconomic damages on your behalf. Economic damages are intended to compensate you for property damage and medical bills you incurred as a result of the accident and lost wages from time missed at work because of the accident and your recuperation.
Noneconomic damages cover the pain and suffering from your injuries, emotional trauma, and PTSD. If your injuries were life-changing, you may also be entitled to damages for diminished quality of life or loss of earning potential.
The amount you’ll be able to recover from the other driver often depends on their insurance coverage. Tennessee drivers are required to have a certain amount of coverage, as follows:
- Liability insurance up to $25,000 for each person injured
- Liability insurance totaling $50,000 for the accident
Drivers in Tennessee also have the option of purchasing additional insurance, including higher liability limits or underinsured and uninsured motorist insurance. This may help if you are involved in an accident where the other driver doesn’t have insurance or their policy limit doesn’t cover the extent of your injuries and other damages.
Do you need legal representation after a distracted driver accident in Nashville?
If you’ve been hurt in an accident with a distracted driver, you have options. The car accident attorneys at NST Law can file a claim for your damages and get you the compensation you deserve.
We’ve been representing clients for over 30 years, and in that time, we have honed our expertise in negotiating with insurance companies and fighting for our clients in a court of law.
We research the circumstances of your unique accident and collect the evidence we need to build a solid case on your behalf. Our legal team conducts investigations into car accidents, and you will benefit from that expertise.
Don’t try to navigate the post-accident claims process on your own. You deserve to have a legal advocate on your side: NST Law.
Our client was walking in a Tennessee gas station parking lot when he was struck by a commercial concrete truck. He broke both of his legs and underwent extensive medical treatment.