Distracted Driving Collisions

Distracted driving is more than just a nuisance on the roadway. For victims in Tennessee, distracted driving can be life changing. While we have all likely experienced minor distractions behind the wheel, negligent distracted driving is an entirely different story. We encourage distracted driving accident victims to contact an attorney who can help them determine liability and recover the compensation they are entitled to.

Distracted Driving Collisions

Distracted Driving Accident Data for Tennessee

Distracted driving remains a significant concern in Tennessee, contributing to a large number of traffic collisions each year. According to state data, distracted driving was involved in over 23,000 crashes in 2021 alone. These incidents resulted in a significant amount of injuries and fatalities, underscoring the serious nature of distracted driving on the state’s roadways.

The data reveals that distractions behind the wheel are a leading cause of accidents, particularly among younger drivers. In fact, drivers aged 16 to 24 are more likely to engage in behaviors such as texting, using apps, or adjusting vehicle controls while driving. The statistics also indicate that urban areas, with their higher traffic volumes, experience more distracted driving incidents than rural regions.

Common Causes of Distracted Driving Collisions

Distracted driving occurs in a range of ways, all of which endanger the driver, passengers, and others on the road. Some of the most common causes of distracted driving collisions include:

  • Texting and using smartphones. One of the most dangerous forms of distraction is texting while driving. Despite being illegal in Tennessee, many drivers continue to send and read texts, check social media, and use apps while behind the wheel. These actions take the driver’s eyes off the road, hands off the wheel, and mind off driving, significantly increasing the risk of an accident.
  • Adjusting in-car controls. Modern vehicles come equipped with a variety of controls, from climate settings to GPS systems. Adjusting these controls while driving can divert a driver’s attention long enough to cause a collision. Even a brief moment of distraction can have severe consequences.
  • Eating and drinking. Many drivers eat and drink while driving, especially during long commutes. However, this seemingly harmless behavior can be incredibly distracting. Reaching for food, unwrapping it, and eating can all take the driver’s focus off the road.
  • Talking to passengers. Engaging in conversation with passengers can lead to distracted driving, particularly if the discussion becomes heated or emotional. The driver may become too focused on the conversation and lose concentration on the task of driving.
  • Grooming. It is not uncommon to see drivers applying makeup, shaving, or fixing their hair while driving. These activities require visual and manual attention, making them dangerous distractions.
  • External distractions. Sometimes, the distraction comes from outside the vehicle. Rubbernecking at accidents, looking at billboards, or observing other roadside activities can take a driver’s attention away from the road ahead.

How Can a Car Accident Lawyer Help?

If you have been involved in a distracted driving collision, a Nashville car accident lawyer can provide invaluable assistance in pursuing your claim. Here is how an attorney can help:

  • Investigating the accident. A lawyer will thoroughly investigate the distracted driving collision to determine the cause and gather evidence of distracted driving. This may involve obtaining cell phone records, reviewing traffic camera footage, and interviewing witnesses to build a strong case.
  • Proving liability. Establishing that the other driver was distracted at the time of the collision is crucial to your case. An attorney will work to prove liability by demonstrating how the driver’s distraction directly led to the accident and your injuries.
  • Negotiating with insurance companies. Insurance claims adjusters often attempt to minimize your claim or shift blame to you. A skilled car collision attorney will negotiate with the insurance company on your behalf.
  • Filing a lawsuit. If a fair settlement cannot be reached, your attorney can file a lawsuit, which moves the case to the civil court system. Your lawyer will present a compelling case to the judge and jury, advocating for the maximum compensation you deserve.
  • Handling legal complexities. Distracted driving cases can be legally complex, especially when multiple parties are involved. A knowledgeable attorney will navigate these complexities.

What Type of Injuries Can Occur?

Distracted driving collisions can result in a wide range of injuries, including:

  • Whiplash. Whiplash is a common injury in rear-end collisions (though this injury can occur in any type of collision), which are often caused by distracted drivers. 
  • Traumatic brain injuries (TBI). A blow to the head during a collision can cause TBIs, ranging from a milder concussion to severe brain damage. 
  • Spinal cord injuries. Distracted driving accidents can cause spinal cord injuries, potentially leading to partial or complete paralysis. 
  • Broken bones. The force of a collision can cause fractures in the arms, legs, ribs, and other parts of the body. Broken bones often require surgery and physical therapy to heal properly.
  • Internal injuries. Internal injuries, such as damage to organs, internal bleeding, and punctured lungs, are common in severe collisions. 
  • Psychological trauma. In addition to physical injuries, victims of distracted driving collisions may suffer from psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). 

Challenges When Proving Distracted Driving

Proving that a driver was distracted when the crash happened can be challenging. Unlike other forms of negligence, such as speeding, failing to yield, or running a red light, distracted driving is often difficult to observe and prove. Here are some of the challenges involved:

  • Lack of direct evidence. In many cases, there may be no direct evidence, such as a witness statement or video footage, showing that the driver was distracted. This makes it difficult to prove that the distraction caused the accident.
  • Reluctance of drivers to admit fault. Drivers who were distracted at the time of an accident are unlikely to admit it, especially if they were engaging in illegal behavior, such as texting while driving. This can complicate efforts to establish liability.
  • Obtaining cell phone records. While cell phone records can provide evidence of texting or calling at the time of the accident, obtaining these records requires legal action. A lawyer may need to file a subpoena to access the records, which can be a time-consuming process.
  • Multiple distractions. A driver may have been distracted by more than one factor, such as using a phone while eating or talking to a passenger. Proving which distraction was the primary cause of the accident can be complex.
  • Comparative negligence. In Tennessee, the law follows a modified comparative negligence system, which means that if the victim is found to be partially at fault for the accident, their compensation may be reduced. If the defense can argue that the victim was also distracted, this can complicate the case.

Despite these challenges, an experienced car accident lawyer can employ various strategies to prove distracted driving. 

What Are the Distracted Driving Laws in Tennessee?

Tennessee has enacted strict laws to combat distracted driving and reduce the number of accidents caused by inattentive drivers. Some of the key distracted driving laws in the state include:

  • Hand-held device ban. Tennessee’s “Hands-Free Law” prohibits drivers from holding a mobile devices while driving. This includes making calls, sending texts, using social media, or browsing the internet. Drivers may use hands-free technology, such as Bluetooth or voice commands, to operate their devices.
  • Texting ban. All drivers in Tennessee are prohibited from sending or reading text messages while driving. This ban extends to the use of any form of written communication, including emails, instant messages, and social media posts.
  • School zone restrictions. The use of hand-held devices is strictly prohibited in active school zones. Drivers must use hands-free technology or refrain from using their devices altogether while driving through these areas.
  • Penalties for violations. Violating Tennessee’s distracted driving laws can result in fines, points on the driver’s license, and increased insurance premiums. Repeat offenders may face more severe penalties, including license suspension.

Call a Distracted Driving Accident Lawyer Today

You lose nothing by speaking to a car accident lawyer in Tennessee about your distracted driving accident collision. An attorney can offer a free consultation and help guide you towards the best path for a successful conclusion to your claim. These cases can be challenging, but when you have an attorney by your side guiding the process, you will have an advocate ready to stand by all the way to trial if needed.