Distracted driving is any time that a driver fails to have their full and complete attention on the road and their surroundings. While many people consider that distracted driving equates to texting and driving, there are many other circumstances in which distractions can result in a serious car accident. In some cases, an independent investigation is necessary in order to determine whether or not distracted driving played a part in the driver's negligence and resulting car crash. If you suffered any injuries that you believe may have related to distracted driving, contact an experienced distracted driving lawyer at Labrum Law Firm at (615) 338-9500 to help you determine the cause of your car accident and help you receive the compensation you deserve.
Examples of Distracted Driving
There are several different activities that could occur that would result in a driver becoming so distracted that they cause an accident on the roadways. Some examples of distracted driving include the following:
- Texting on a cell phone and driving
- Talking on a phone while driving
- Eating/drinking/smoking while driving
- Being distracted by a pet or another passenger in the vehicle
- Being distracted by an event occurring outside of the vehicle
- Checking a GPS or navigational device while driving
Even just a momentary distraction can result in serious injuries or even fatalities. In fact, the National Highway Traffic Safety Administration indicates that distracted driving was responsible for 2,841 fatalities in 2018 alone.
How To Determine if Distracted Driving Caused Your Car Accident
Making a determination of a driver's negligence regarding a car accident can prove legally challenging, especially if the car accident was caused by distracted driving. Proving distracted driving can be a complicated legal task. Some of the ways that the experienced distracted driving lawyers at Labrum Law Firm determine whether or not a car crash was caused by distracted driving include the following:
- Request and obtain the cell phone records of the other driver in order to determine if the driver texted during the time of the car accident, or was talking on their cell phone during the time of the car accident
- Visit with witnesses to the car accident, including other passengers or those who witnessed the accident to see if any person can indicate that the driver appeared distracted at the time of the car accident
- Check to see if there is any video surveillance footage from either street cameras or from nearby businesses that would capture a driver behaving in a distracted way at the time of the car accident
- Contacting expert car accident reconstruction witnesses in order to better determine the actual cause of the car accident
In many cases, conducting an independent investigation is truly the only way to determine the cause of the accident, and whether or not distracted driving contributed to the negligent driver causing the car crash.
Distracted Driving Injuries
Every distracted driving accident will have its own set of facts and circumstances. However, distracted driving accidents often cause catastrophic injuries or fatalities as the negligent driver has removed their attention completely from the roadway. In some cases, this results in a driver hitting a car in oncoming traffic, or suddenly realizing they were distracted and sharply swerving back into their own lane or off of the roadway completely. As a result, the injuries of victims of distracted driving accidents are often severe or life-threatening. Some of the types of injuries that a victim may suffer as a result of distracted driving could include the following:
- Traumatic brain injuries
- Neck and upper back injuries
- Spinal cord injuries leading to paralysis
- Broken arms or legs leading to amputations
- Knee injuries (“dashboard knee”)
- Internal organ injuries
- Internal bleeding
- Aortic dissection
- Nerve damage
- Post-traumatic stress disorder or other psychological trauma
As a result of these injuries, victims often have substantial medical costs, ongoing need for therapies or surgeries, the lack of physical ability to return to work resulting in lost wages, property damage, pain and suffering, and more. If a family member dies as a result of their injuries related to a distracted driving accident, the family may have the right to file a wrongful death claim including funeral costs, loss of consortium, loss of expected wages, and more. Visiting with a distracted driving lawyer can work with you to answer your questions and provide an understanding of the amount of compensation you may have a legal right to obtain under the law in the state of Tennessee for your injuries and all of your losses, both economic and non-economic.
Time Is of the Essence in the State of Tennesse
In many cases, a victim may receive compensation from the negligent driver's insurance company through a settlement. However, if an insurance company refuses to pay a fair and just settlement to a victim in a timely manner, then the victim must resort to filing a claim with a court in order to receive the compensation they deserve under the law. However, the state of Tennessee only has a limited amount of time in which a victim may file a claim in court or lose the legal right to do so permanently. This deadline is called the statute of limitations and under Tenn. Code Ann. § 28-3-104(1), victims only have one year from the date of the car crash to file a claim or lose their right to do so.
Visit with an Experienced Distracted Driving Lawyer Today
If you experienced a serious car accident that you believe may have resulted from distracted driving, visiting with an experienced distracted driving lawyer at Labrum Law Firm at (615) 338-9500 can help answer all of your questions. We provide a free consultation to work with you to better understand the amount of reimbursement and compensation you may have the right to pursue as a result of your specific car accident, and how long the entire process will take. Ensure your legal questions are answered and your legal rights remain protected by contacting us today. We look forward to visiting with you and helping you understand your legal options to receive justice.