Texting while driving is a form of distracted driving that is common today due to increased smartphone use. This type of driving poses a great danger to motorists and passengers alike. The majority of texting while driving car accidents in Nashville result in fatalities or cause severe injuries.
If you have been injured in this type of car crash, reach out to our experienced attorneys at Ponce Law for a free case evaluation.
The state of Tennessee enacted a hands-free law that took effect in July 2019 and forbids the use of handheld devices for texting while driving. Tennessee Code Annotated § 55-8-199 makes it illegal for a driver to hold a cell phone with any part of their body and send or read texts while operating a motor vehicle.
If you were hurt in a Nashville texting and driving auto wreck, our attorneys can explain how the hands-free law applies to your case.
Tennessee uses what is known as the modified comparative negligence rule, which means that your compensation can be reduced according to your percentage of fault if you are the injured party. If you were in a Nashville texting while driving crash that the court finds you to be more than 50 percent at fault for, you will be unable to recover any damages.
To establish negligence, it is necessary to prove these elements: a duty of care, breach of that duty, causation, and damages.
In a personal injury lawsuit, the defendant must owe a duty to the plaintiff. All motorists on the roads owe a duty to drive safely and to obey traffic laws. To be negligent, the defendant must have breached that duty. Texting while driving breaches it because texting distracts the motorist from paying attention to the road. Our Nashville legal team must prove that the breach caused your texting while driving collision and that you, as the plaintiff, suffered damages.
Our experienced Nashville texting while driving attorneys know a single accident can cause enormous damage. Common types of compensation for car collisions include:
Loss of consortium is a type of damage award in car accident cases that compensates a family member for the loss of support, companionship, and affection due to a loved one’s injury or death. This concept recognizes that when an individual is injured due to another’s negligence or intentional conduct, the injured person’s family members also suffer losses.
When texting while driving is deemed reckless rather than negligent, you may also be entitled to a punitive damages award. Punitive damage awards go beyond compensatory damages and exist to penalize the injuring party and to prevent similar conduct in the future. Punitive damages are provided when a defendant’s act is particularly egregious, reckless, or intentional.
The initial part of your texting while driving crash case is the evidence-gathering stage, when our Nashville lawyers will collect all pertinent information, such as:
If the parties cannot reach a settlement, our firm will file a lawsuit in court. The defendants will be served with a complaint and will be required to respond with an answer. During the appropriate discovery stage, the parties will exchange information, including depositions, requests for documents, and interrogatories.
During the trial, our diligent attorneys will present evidence, call witnesses, and make arguments before a judge or jury. The judge or jury will then decide on liability and award damages.
Being injured in a texting while driving crash can completely disrupt your life. Our personal injury lawyers are experienced in advocating for victims of other drivers’ negligence or recklessness and handling texting while driving car accidents in Nashville.
If you were hurt in this type of collision, call our firm today to schedule your complimentary consultation.
