Nashville Distracted Driving Accident Lawyer
Drivers are responsible for being aware of their surroundings at all times, and just one moment of distraction can profoundly impact the life of the driver and anyone in their vicinity.
If you were hurt in a crash caused by a distracted driver, know you are not alone. At Weir & Kestner, we aim to navigate victims through the aftermath of distracted driving accidents and help them obtain justice and healing. Call (615) 220-4180 to schedule your free consultation with a skilled Nashville car accident lawyer.
Tennessee’s distracted driving rate is 5x the national average
Distracted driving is a severe problem in the Volunteer State. From February 1, 2023, to January 31, 2024, a crash involving a distracted driver occurred every 26 minutes. In Nashville, a distracted driving crash occurred every hour and 38 minutes, resulting in dozens of fatalities and serious injuries and hundreds of millions of dollars in damage.
As proud Tennesseans, this is a problem that deserves our full attention.
The Eddie Conrad Act sets harsher penalties for distracted drivers
Senate Bill 0589, also known as the “Eddie Conrad Act,” is named after a Middle Tennessee man who was killed in a crash caused by a distracted driver back in 2020. The Eddie Conrad Act sets the following penalties, effective January 1, 2024:
- (Drivers 18 years of age or older) – A first or second violation of this law results in four points being charged to the person’s driving record
- (Drivers 18 years of age or older) – A third or subsequent violation of this law results in five points being charged to the person’s driving record
- (Drivers younger than 18) – A second or subsequent violation results in seven points being charged to the person’s driving record
What counts as distracted driving in Nashville?
Distracted driving encompasses any activity that diverts attention from driving, including texting, talking on the phone, using a navigation system, and eating. These distractions can be categorized into visual, manual, and cognitive, each posing a significant risk to road safety.
Technological distractions specific to modern driving
Tennessee’s Hands-Free Law makes it illegal for a driver to:
- Hold a cell phone or mobile device with any part of their body,
- Write, send, or read any text-based communication,
- Reach for a cell phone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt,
- Watch a video or movie on a cellphone or mobile device, and
- Record or broadcast video on a cellphone or mobile device.
It’s important to note that drivers are permitted to listen to streaming music on their devices as long as it does not include videos.
What should I do after being in a distracted driving accident?
Immediate actions
Safety is paramount following an accident. Once safe, you should document the scene, exchange information with the other driver, and report the accident to law enforcement.
Reporting the accident
Timely reporting to the police and your insurance company is crucial. This official documentation serves as a foundation for your claim.
Seeking medical attention
Even if injuries seem minor, seeking medical attention is essential. Some injuries may not be immediately apparent and can have long-term consequences if left untreated.
Who’s most at risk of being injured in a distracted driving accident?
Recent annual statistics indicate that Nashville’s roadways have seen many accidents, reflecting a troubling trend that impacts all roadway travelers, particularly the most vulnerable among us.
Pedestrians
Without any protection from the force of an automobile, pedestrians suffer severe consequences when struck. Injuries may range from broken bones and severe lacerations to paralysis and even fatalities.
Motorcyclists
Nashville, much like other urban areas, sees a significant share of motorcycle accidents, with distracted driving being a common contributor. These incidents often involve rear-end collisions, which can be particularly hazardous for motorcyclists.
Bicyclists
Bicyclists in Nashville are required to navigate alongside motor vehicles in the absence of dedicated bike lanes and face considerable risks. Even with helmets and safety gear, bicyclists can sustain life-threatening injuries in accidents involving distracted drivers.
Motor vehicle drivers
For motor vehicle drivers in Nashville, the risk of injury or death due to distracted driving is a pressing concern. Establishing the facts of an accident is crucial in ensuring that affected drivers receive the compensation they need to recover.
Working with a Nashville car accident lawyer provides you with compassionate and determined representation aimed at securing the best outcome for your case.
How much does it cost to hire a distracted driving accident lawyer in Nashville?
Our firm reviews each case meticulously, and we commit only to those we believe we can win, ensuring our clients in Nashville receive the compensation they deserve. Facing medical debt as an injury victim can be daunting, but the fear of cost should never deter you from seeking the help you need.
You will incur no fees unless a Nashville car accident lawyer from our firm successfully secures compensation on your behalf.
How do you determine liability in a Nashville distracted driving accident?
Determining fault in a distracted driving accident involves a multi-faceted approach that includes gathering evidence, applying legal principles, and sometimes, reconstructing the accident scene. Here’s how fault is typically determined.
Police reports
The responding officer’s report is a critical piece of evidence. It may include observations of distracted driving behaviors, citations issued at the scene, and the officer’s assessment of fault based on the immediate investigation.
Eyewitness testimony
Statements from people who witnessed the accident can provide valuable insights into the driver’s behavior before the collision. Witnesses might report seeing the driver using a phone, appearing distracted, or driving erratically.
Mobile phone records
Obtaining the at-fault driver’s cell phone records can prove distraction if the records show activity, such as calls or texts, at the time of the accident. This requires legal processes and is often pursued by attorneys.
Dashcam and surveillance footage
Video evidence can be compelling, showing the moments leading up to and during the accident. This might include footage from dashcams, traffic cameras, or nearby security cameras.
Accident reconstruction experts
These professionals can recreate the accident based on vehicle damage, skid marks, and other physical evidence. Their analysis can indicate whether distracted driving contributed to the accident.
Vehicle data recorders
Many modern vehicles have data recorders that capture information about speed, brake use, and steering moments before a collision. This data can indicate whether the driver attempted to avoid the accident, which might suggest distraction.
Social media and other digital footprints
Posts or activity on social media platforms that coincide with the time of the accident may also serve as evidence of distraction.
Determining fault in distracted driving accidents requires a comprehensive examination of all available evidence and a thorough understanding of relevant laws. Given the complexities involved, victims often benefit from the expertise of legal professionals who can navigate the investigative process, interpret evidence, and advocate to establish fault and pursue fair compensation.
How will a distracted driving accident lawyer help me?
Fighting for full compensation
A Nashville car accident lawyer with Weir & Kestner can help identify all potential areas of compensation, ensuring you’re fully supported through your recovery.
Making the insurance claims process as smooth as possible
Navigating insurance claims can be complex and overwhelming. It’s advisable to consult with a lawyer who can manage communications with insurance companies, advocating for your best interests.
Helping you focus on healing
A skilled Nashville distracted driving accident lawyer is invaluable in navigating the legal process, from filing claims to litigating in court if necessary. Their expertise maximizes your compensation and allows you to focus on healing.
Safety advocacy and legislation
Staying informed about local and statewide efforts to combat distracted driving is empowering. This knowledge helps individuals advocate for safer driving practices and contributes to a community-wide initiative to reduce accidents. Engaging in these efforts can lead to meaningful changes in legislation and driving behaviors.
Were you or a loved one hurt by a distracted driver? Weir & Kestner is here to help.
Navigating the aftermath of a distracted driving accident can be a daunting journey. However, with the right support and guidance, victims can find a path to recovery and justice. Weir & Kestner is ready to provide that support. Contact us online or call (615) 220-4180 to schedule your free consultation.
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