Texting and driving is a prevalent issue in Nashville. Unfortunately, gaining the financial support you need to recover from your injuries can be difficult. Holding negligent drivers accountable is challenging.

At Weir & Kestner, we will use every available resource to recover the compensation you deserve. For over a decade, our firm has helped car accident victims and their families get back on their feet. We’ve obtained dozens of six- and seven-figure settlements for local families, helping them pay their medical bills and make up for time away from work.

If you or a loved one were injured in a texting and driving collision, a Nashville car accident lawyer can help you pursue justice for your losses.

Weir & Kestner’s top-rated Nashville texting and driving attorneys are here for you

The personal injury lawyers of Weir & Kestner pride themselves on providing the best possible service to clients. We are committed to lifting the burden of the claims process off our client’s shoulders so they can focus on their recoveries, providing:

• High-rated and client-centered, individualized service
• Open communication directly with our attorneys
• Aggressive negotiation tactics

Our highly skilled legal team will handle the legal battle for you so you can focus on what matters.

Our attorneys help recover maximum compensation for your texting and driving accident case

At Weir & Kestner, our legal team will work diligently to understand the full impact of your losses and fight for the settlement or verdict you need to move on with your life. Our commitment to our clients is reflected in our case results, detailing various personal injury outcomes.

Depending on the particular circumstances of your claim, you may be entitled to the following:

• Compensation for medical expenses, including long-term care
• Property damage
• Lost wages if you are unable to work during your recovery
• Loss of future income if your injuries prevent you from returning to work at full capacity
• Pain and suffering damages
• Emotional distress
• Disability and/or disfigurement
• Loss of enjoyment of life
• Wrongful death

To determine the recoverable damages, our personal injury lawyers will discuss the unique details of your case.

How Weir & Kestner proves liability in your texting and driving case

The success of your case heavily depends on your attorney’s skill and ability to establish fault. Under Tennessee law, modified comparative negligence determines fault in a texting and driving accident.

Fault is illustrated as a percentage, leading to multiple people sharing responsibility. If you share some blame for the accident, you are still entitled to recover compensation for your losses as long as you are not 50% or more at fault.

What evidence is needed to establish that a driver was texting?

To recover the compensation you deserve, our Nashville texting and driving attorneys must establish that a distracted motorist caused the accident. Critical evidence may include:

• Admission: The driver may confess to receiving or sending a text message to you, the officer at the scene, or in front of witnesses at the time of the accident.
• Law enforcement: The police may have issued the driver a ticket for phone use. If the driver pays the ticket or challenges the citation and loses, the ticket can be used as evidence in a civil lawsuit.
• Witness testimony: Pedestrians, bicyclists, and other motorists may have seen the driver on their phone and can attest to that should the case go to trial.
• Video footage: Security cameras, ring cams, and other devices may show a driver texting or reading a message moments before an accident.
• Cell phone records: Detailed records offer time-stamped text messages, location, and other pertinent activity.

Phone records are often the principal supporting evidence, showing if a driver sent or received a text message during the accident.

Nashville texting and driving lawyers help clients with all kinds of injuries

Drivers who read or send text messages pose an enormous hazard. They often miss changes in traffic patterns, leading to rear-end and lane-drifting accidents. Lane drifting can cause fatal head-on collisions, especially at high speeds. Drivers may also fail to yield to pedestrians and bicyclists, potentially causing catastrophic damage.

Common injuries associated with texting and driving accidents include:

• Fractured or broken bones
• Lacerations
• Soft tissue damage
• Head and neck injuries
• Spinal damage
• Internal bleeding
• Organ damage
• Traumatic brain injuries
• Crush injuries

Motorists who text and drive should be held accountable for the damage they cause. A Nashville distracted driving accident lawyer will work with you to determine the medical picture and fight to recover a fair settlement or verdict on your behalf.

Weir & Kestner will ensure you file your claim on time

The statute of limitations for personal injury claims in Tennessee is one year. If you or a loved one were injured in a texting and driving accident in Nashville, you have 12 months from the date of your injuries to file a claim. While extenuating circumstances may extend your timeframe, we encourage you to contact a Nashville texting and driving accident lawyer as soon as possible.

We are the premier texting and driving accident firm in Nashville

Texting and driving in Tennessee can cause devastating collisions. A highly skilled texting and driving accident lawyer in Nashville can substantially increase the value of your claim.

If you or a loved one has been involved in a texting and driving accident, contact Weir & Kestner to discuss the details of your case. Call (615) 220-4180 to schedule a free consultation today.

Our Nashville lawyers answer your questions about texting and driving accidents

Is texting and driving illegal in Nashville?

Texting while driving is illegal in Nashville and throughout Tennessee. According to state law, wireless telecommunications devices, including iPads, tablets, and GPS devices, are prohibited while operating a motor vehicle.

The Hands-Free Tennessee Law took effect in July 2019, specifically aimed at reducing texting and driving. Drivers cannot:

• Hold a cell phone, tablet, or other mobile device on their person (e.g., have a phone on their lap)
• Watch content on a mobile device
• Create a video or live stream with a cell phone or mobile device
• Write, read, or send any text messages, direct messages, or emails
• Reach for a mobile device or cell phone in a way that would require the driver to become improperly seated (e.g., removing a seatbelt to reach for a cell phone)

In addition, a new Tennessee law will increase the penalty for using a cell phone while driving. The Eddie Conrad Act will increase the points on a license for teenage drivers caught texting and driving. According to reports, a distracted motorist struck Eddie Conrad and his wife, pushing them into oncoming traffic in 2020. Conrad died from his injuries. However, his wife survived the crash with serious injuries.

The Eddie Conrad Act will add four points to a driver under 18 caught using their cell phone or mobile device for a first offense. If it is a second offense, the violator will receive seven points added to their driving record.

According to the Kingsport Police Department, drivers frequently text and drive. Recent data shows law enforcement issued 359 hands-free violations in the last reporting year.

How frequent are texting and driving accidents?

While texting and driving generally falls under the broader distracted driving statistics, national insurance companies launch surveys to capture the true scope of the problem. According to polls:

• At least 47% of people admit to reading and sending text messages while behind the wheel
• 31% more people admit to texting and driving than three years ago
• 55% of Gen Z and Millennial drivers confess to texting and driving
• 43% of Gen X and Boomer drivers admit to using their phones while driving

Younger generations, including Gen Z and Millennial drivers, confessed to texting while driving more than Gen X and Boomer motorists. When asked if texting was more dangerous than drinking and driving, 71% of survey takers believed both were equally dangerous. Nearly 9% of motorists believe that texting and driving is more dangerous.

Why is texting and driving so dangerous?

Several studies compare texting and driving to drinking and driving to educate the public on the dangers. The Virginia Tech Transportation Institute found that a motorist’s response time while texting and driving is the same as having four beers. In addition, a person is six times more likely to be in a car accident while texting and driving than drinking and driving.

According to the National Highway Traffic Safety Administration (NHTSA), drivers take their eyes off the road for five seconds every time they read or write a text message. When driving at 55 mph, five seconds equates to the length of a football field.

Helpful information about Nashville texting and driving incidents

Office location

Our office is conveniently located at 3200 West End Avenue, Suite 500, Nashville, TN 37203. Call (615) 240-5903 to schedule an appointment.

Towing and roadside assistance in Nashville

• Dad’s Towing Service – (615) 833-3703
• Tow Pro – (615) 256-8697
• Bailey’s Wrecker Service – (615) 227-1283
• Sam’s Roadside Assistance – (317) 374-0960

More helpful resources

• Metropolitan Nashville Police Department – Online crash reports, traffic enforcement requests, and more
• Metropolitan Government of Nashville Public Safety – Report aggressive drivers, improperly parked or abandoned vehicles, and more
• Metropolitan Government of Nashville Department of Transportation – Report damaged signs, potholes, and street and traffic lights, request snow and ice removal, and more