Helpful Information

Tennessee Texting and Driving Accidents

Posted by Harlene Labrum | Nov 08, 2020


 The Centers for Disease Control and Prevention indicates that thousands of car crashes occur yearly as a result of distracted driving. Texting and driving accidents often cause catastrophic injuries and fatalities. Most people understand that texting and driving causes an increased risk of an accident due to driver distraction. The accidents that result from texting and driving are often serious and the injuries are severe. If you suffered any injuries or losses as a result of a Tennessee texting and driving accident, call the experienced car accident lawyers at Labrum Law Firm at (615) 338-9500 today for a free consultation to help you with your next steps and ensure your legal rights remain protected to receive the compensation you deserve.

Texting and Driving Accident Statistics

The statistics are shocking. According to the United States Department of Transportation, in 2018 nearly 3,000 people died as a result of distracted drivers. Nearly 390,000 accidents happen on the roadways every year due to texting while driving. Taking the time to answer a text while driving takes a driver's eyes away from the road for five seconds, and if they are traveling at 55 miles per hour that is the distance of an entire football field without their eyes on the road. One out of every four car accidents now involves texting and driving. According to a poll taken by AAA, 35% of teenage drivers admit to texting while driving.

Dangers of Texting And Driving in Tennessee

Distracted driving is defined by the United States Department of Transportation as either a driver taking their hands of the wheel, a driver taking their eyes off the road, or a driver taking their mind off of driving. Texting and driving actually encompass all three of these types of distracted driving in one event. Therefore, the danger and risk of an accident when a driver is texting and driving increases exponentially.

Tennessee Texting and Driving Laws

According to the Tennessee Department of Safety and Homeland Security, under Tennessee Law TCA 55-8-199, texting while driving a vehicle in Tennessee is illegal. Additionally, under the Hands-Free Law PC0412, drivers in the state of Tennessee may not hold a cell phone while driving, write/read/send any text messages, reach for a cellphone, watch a video or movie on a cell phone, or record any video on a cell phone.

Any violation of the Hands-Free Law PC0412 will be charged with a Class C misdemeanor. A first-time offense can include a $50 fine, a second-time offense can include a $100 fine and if the violation occurs in a work or school zone, the offense can include a $200 fine. If a police officer includes a citation for texting and driving as part of the police report, then it will be much easier for a victim to prove that texting and driving was the cause of the accident resulting in your injuries and losses causing both economic and non-economic damages.

Determining if a Driver Was Texting and Driving

In many car accident cases, it may not be immediately apparent if the other driver was texting and driving. In order to make this determination and also determine liability for the accident, an independent investigation may be warranted. The experienced car accident attorneys at Labrum Law Firm can issue letters requested cell phone records in order to attempt to prove that the other driver was either talking on their cell phone or texting and driving at the time of the accident. It is critical to obtain these records as soon as possible in order to ensure that there is a preservation of evidence in order to prove your case, and ensure that you receive compensation for your injuries and losses.

 Common Injuries Resulting From Texting and Driving Accidents

Because texting while driving takes a driver's eyes away from the road serious accidents can occur. Drivers can veer into oncoming traffic (head-on collisions), drift into other lanes of traffic (sideswiping accidents), fail to stop at intersections (T-bone accidents), or even sharply jerk their vehicle back into their lane when they pay attention to the roadway once again resulting in a rollover accident or even a multiple-car pileup. As a result, the types of injuries suffered by victims of texting and driving accidents are often serious. Some of the common injuries include traumatic brain injuries, aortic dissections, internal organ injuries or bleeding, nerve damage, spinal cord injuries causing paralysis, broken or fractured bones causing amputations, burns, lacerations, bruising, and death.

Deadline to File a Lawsuit for a Texting and Driving Accident

Every state has a deadline, called a statute of limitations, by which a victim must file a lawsuit in a court of law in order to receive compensation for their injuries and losses from a negligent party in a texting and driving accident or lose their legal right to do so permanently. Under Tenn. Code § 28-3-104, the deadline to file a lawsuit for a Tennessee texting and driving accident is only one year. While this may seem like a long period of time, it actually is incredibly short to develop a strong personal injury case and get a victim the compensation they deserve for their medical bills, lost wages, pain and suffering, property damage, and even punitive damages. The sooner you contact our experienced Tennessee texting and driving accident lawyers at Labrum Law Firm, the faster we can start building your case to help you receive the compensation you deserve under the law.

Contact an Experienced Tennessee Texting and Driving Accident Attorney Today

Texting and driving is illegal in the state of Tennessee. Collecting the phone records of the other driver is imperative to building a strong personal injury case and having the ability to receive full compensation for your injuries and losses. With only a one-year statute of limitations deadline, time is truly of the essence. Contact Labrum Law Firm at (615) 338-9500 today to discuss your Tennessee texting and driving accident case, and learn how we can help you receive justice.

About the Author

Harlene Labrum

Harlene is focused and passionate about helping those injured in car wrecks.  She earned her J.D. at Nashville School of Law and her Bachelor's degree at State University of New York at Albany, awarded with the highest GPA and high honors.  Harlene began her career in law as a personal injury par...

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