The rise in the use of cell phone technology has created hazardous conditions on many of Nashville’s roads. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving was the cause of 2,841 fatalities in 2018. Texting while driving was a major contributing factor in many of these deaths.
Many states have taken the step of outlawing the use of a cell phone to send, type, or read a text message while behind the wheel—and Tennessee is no exception. A driver who makes the poor choice to text while driving can face criminal prosecution in a local court. Additionally, a person who texts while driving may be negligent in the case of a collision. They would also be liable to provide compensation for resulting physical injuries and property damage.
The legal team at The Cochran Firm – Nashville wants to help you to obtain the compensation that you deserve after a collision with a texting driver. A Nashville texting while driving accident lawyer stands ready to help gather evidence, measure your losses, and demand fair repayment during settlement talks with insurance companies. Contact us today at (615) 651-7451 for your free consultation.
Texting While Driving Is Illegal in Nashville and Throughout the State
Distracted driving is a major source of traffic accidents in Nashville. This has become such a prevalent problem that the State has taken the step of making texting while driving a criminal offense.
Tennessee Code §55-8-199 states that the use of a mobile telephone while driving is illegal. Specifically, the law prohibits the use of a cell phone to transmit or read a written message. This provision only applies to people behind the wheel of a vehicle while that vehicle is in motion.
The statue makes this offense a Class C misdemeanor, where a conviction can result in a fine of up to fifty dollars. While this is not a serious criminal offense, the outcome of a traffic court case can have a profound impact on your claim for damages.
For a free legal consultation with a texting while driving accidents lawyer serving Ashville, call 615-651-7451
Relationships Between Traffic Court Cases and Claims for Compensation
It is vital to understand whether the police officer that responds to the accident issues a ticket to the other driver. This is because the outcome of the traffic court process can help to make your claim for damages much simpler.
Normally, injured people bear the burden of proving that another party’s actions were the source of their losses. This applies regardless of whether a case goes to civil court or ends with a settlement. However, in some situations, criminal law can answer this question for us.
The law says that once a court has decided that an event occurred, the court cannot consider that question again. As applied to texting while driving cases, if a criminal court convicts a driver for texting while driving, that court has determined that the event has occurred beyond a reasonable doubt. Consequently, that driver cannot argue in a civil trial that they were not texting at the time of the collision.
A Nashville texting while driving accident lawyer may be able to follow a traffic ticket’s progress through the criminal court system to determine if the outcome could help your claim for damages.
Ashville Texting While Driving Accident Lawyer Near Me 615-651-7451
The Possible Consequences of Texting While Driving
Every collision that occurs on Nashville’s roads has the potential to change every part of your life and texting while driving accidents are no exception. A distracted driver may fail to stop at a red light, unwittingly tailgate your vehicle, or change lanes without checking blind spots. The resulting collisions can have a catastrophic impact on your present and future.
The Injuries You May Have Suffered
The core of any claim for damages is a physical injury. Every case is unique, but some examples of injuries in car accidents our firm sees include:
- Muscle injuries in the back or neck
- Separated joints
- Broken bones
- Spinal cord damage
An at-fault driver and their insurance company are always liable to provide compensation for the cost of all necessary medical care connected to a physical injury.
The Intangible Effects You May Have Suffered
In addition, a car crash can also affect your emotional wellbeing. Texting while driving accidents are traumatic events that could necessitate mental health counseling. Additionally, most physical injuries inflict severe pain that does not appear on any hospital bill.
The legal team at The Cochran Firm – Nashville may be able to place an accurate dollar value on the emotional impact that the crash has had on your life. Call (615) 651-7451 to learn more.
The Lost Income You May Have Suffered
Another possible consequence of a texting while driving accident is lost income. Even relatively minor collisions can require you to miss time at work so that you can seek medical care or make your best recovery. Here, a driver and their insurance company must provide reimbursement for lost wages. A lawyer could help you pursue your case for fair compensation.
Fighting for Your Rights in and Out of Court
Most cases that demand compensation after texting while driving collisions end with a fair settlement. In most situations, neither party wants to go to court. Settlements can help to shorten the time necessary to bring you the financial award that you may be eligible to recover.
If you can recover a settlement, you will not have to pursue a lawsuit for fair recompense. A lawyer could help to protect your claim from aggressive insurance companies while you focus on your recovery.
However, some situations may require you to file a complaint in court to protect your rights. Here, The Cochran Firm – Nashville can work to follow all court procedures and strive to create a case that convinces a jury of the other driver’s responsibility for your losses. We stand ready to take whatever steps are necessary to protect your rights after a texting while driving accident.
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Reach Out Today to Discuss Your Texting While Driving Accident
Texting while behind the wheel of a car, truck, or SUV can have serious consequences. The resulting collisions can inflict severe physical and emotional injuries and can jeopardize your ability to earn a living. If a driver was using their cell phone to send a text message at the time of a collision, you may be eligible to recover compensation to cover your losses.
We want to help you. We understand the local laws and can work to help you to understand your rights. From day one, we can work to build claims that outline your damages and place blame on the poor choices of another driver. A Nashville texting while driving accident lawyer can help to protect your future while you focus on making your recovery.
Contact The Cochran Firm – Nashville today for your free consultation at (615) 651-7451.