Distracted driving is one of the most common causes of car accidents. Between smartphones, radios, and passengers, drivers must contend with several distractions on the road. But drivers are expected to pay attention to the road and stay focused on driving.
If you’ve been injured by a distracted driver, a Clarksville car accident lawyer can help you file a personal injury lawsuit against the liable entities. Through a lawsuit, you can recover your medical bills, lost work income, and other injury-related losses.
GriffithLaw Injury Lawyers has nearly one hundred years of combined experience and has recovered millions of dollars for deserving clients. We are locally owned and operated. Contact us today to discuss your case with a distracted driving accident lawyer in Clarksville.
Why You Need a Clarksville Car Accident Lawyer
No matter what kind of car accident you’ve been in, you need to work with a Clarksville personal injury lawyer. Your lawyer will help you navigate the insurance claims process and be your advocate so you can get the compensation you deserve. Without a lawyer, you’ll be at a significant disadvantage, which can affect the compensation you receive.
A car accident lawyer will provide legal representation during insurance talks and settlement negotiations. Your lawyer will gather and organize all evidence and counter attempts to underpay you. A lawyer can also pursue formal litigation if it’s necessary to recover your damages. Protecting your family is what we do.
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Tennessee Hands-Free and Distracted Driving Laws
Tennessee has a “Hands-free” law that makes it illegal to operate a mobile device with the hands while driving a motor vehicle. Drivers cannot take or make calls, read, write, or send text messages, watch videos, or reach for their phone using their hands. There is an exception for phone-based GPS apps used with a hands-free mount.
Violating these laws is a Class C misdemeanor, which can be met with increasingly higher fines for repeat offenses. Also, a distracted driving violation can be used as evidence of fault in a distracted driving accident lawsuit.
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How to Prove the At-Fault Party Was Distracted
To make a distracted driving claim, you need to prove that the other driver wasn’t paying attention when they caused the accident. Evidence that can prove distracted driving includes the following:
- Surveillance or dash camera footage of the driver
- Text and call logs showing phone activity
- Digital forensics showing app usage
- Eyewitness statements and testimony
- Vehicle event data regarding position, speed, and steering
- Physical evidence, like tire marks and vehicle body damage
It’s important to prove distracted driving as violations impute negligence. If you can show that the driver violated Tennessee’s distracted driving laws, there is a much better chance of you recovering full compensation.
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Serving Franklin, Clarksville, Murfreesboro & beyond. Call (615) 807 7900.
Compensation You Can Recover for a Distracted Driving Accident
A distracted driving accident lawyer in Clarksville can fight for financial compensation for any injury-related losses you’ve suffered. This includes both economic and non-economic losses, such as the following:
- Emergency medical bills and future necessary medical expenses
- Lost work income and other forms of employment compensation
- Differences in your lifetime expected earning potential
- Miscellaneous injury-related expenses
- Cost of replacement household services (e.g., housekeeping)
- Pain and suffering
- Emotional distress and mental anguish
- Quality-of-life reductions from scarring and disfigurement
- Loss of enjoyment or capacity to engage in hobbies
Comparative Negligence in Distracted Driving Accident Cases
In some distracted driving cases, both drivers may be partially responsible. Tennessee has a comparative negligence system that gives you the right to recover losses, even if you are partially at fault. So long as you are less than 50% responsible, you can sue for damages.
The condition is that the compensation you receive will be reduced by your fault percentage. For instance, at 30% fault, a $100,000 settlement would be reduced to $70,000. You need to work with a knowledgeable lawyer who can push back against claims of shared fault and attempts to shift blame.
Statute of Limitations on Distracted Driving Accident Lawsuits
In Tennessee, you only have one year to file a personal injury lawsuit against a distracted driver. The one-year timer starts counting from the injury date or the date you discovered your condition. Once the timer expires, your right to sue for money will also expire.
Tennessee gives claimants much less time to file than other states, so you need to act quickly to preserve your chances of success. Waiting will make it harder to gather evidence, and delays can be used to justify claim denials. A lawyer can expedite your claim and minimize the risk of complications.
Contact a Clarksville Distracted Driving Accident Lawyer Today
Even a minor distracted driving accident can strain your finances and impact your ability to earn a living. GriffithLaw Injury Lawyers can provide the legal and moral support you need to recover your losses. Let us handle the difficult legwork of filing a claim, while you can focus on rebuilding your life and moving forward.
Fill out our contact form below or call our offices by phone today to schedule a free case consultation with a Clarksville distracted driving accident lawyer. Get Griffith.
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