Distracted Driving and Accident Liability in Tennessee
Distracted driving can affect accident liability when a driver's lack of attention contributes to a collision. If a driver was texting, holding a phone, watching a video, or otherwise failing to pay attention to the road, that conduct may help establish negligence. However, you still need to show how the driver's conduct contributed to the crash and caused your injuries.
After an accident, you may suspect the other driver was distracted but have no way to know what happened inside the vehicle. You may also face an insurance company that disputes fault or argues that your own actions contributed to the collision. These questions can add more stress while you are dealing with injuries and other losses.
Our Knoxville, TN car accident lawyers represent people injured in crashes involving distracted drivers. We can investigate the collision, gather evidence, address disputes over fault, and pursue compensation for your losses. Contact us to schedule a free consultation and discuss your case.
What Counts as Distracted Driving?
Distracted driving can involve more than using a cell phone. Tennessee safety officials identify three main types of distraction: visual distractions that take your eyes off the road, manual distractions that take your hands off the wheel, and cognitive distractions that take your attention away from driving.
Examples can include:
Reading or sending a text
Holding or using a phone
Watching or recording a video
Eating or drinking
Adjusting music or vehicle controls
Reaching for something inside the vehicle
Focusing on passengers instead of traffic
Some activities can involve several types of distraction at once. Texting, for example, can take a driver's eyes off the road, hands off the wheel, and attention away from driving.
How Can Distraction Help Establish Negligence?
To establish negligence under Tennessee law, you generally must show that the other driver owed you a duty of care, breached that duty, and caused an injury or loss. You must establish that the driver's conduct was both the factual and legal cause of your injury. Put more simply, you need to connect the driver's unsafe conduct to the accident and the harm you suffered.
Evidence of distraction can help establish that connection. Suppose a driver looks at a phone while approaching stopped traffic and rear-ends your vehicle. Evidence showing that the driver was using the phone immediately before impact could help explain why the driver failed to stop in time.
The important question is not simply whether the driver was distracted at some point during the trip. You need evidence showing how the driver's conduct contributed to the collision. The circumstances surrounding the crash can therefore be just as important as proof that a distraction occurred.
What Does Tennessee Law Say About Cell Phone Use While Driving?
Tennessee's Hands-Free Law restricts several uses of wireless and stand-alone electronic devices while operating a motor vehicle on a road or highway.
The law generally prohibits drivers from physically holding or supporting these devices with their bodies. It also prohibits writing, sending, or reading text-based communications; reaching for a device in a way that requires leaving a seated driving position or no longer being properly restrained; watching videos or movies; and recording or broadcasting video.
The law allows certain uses and contains exceptions. For example, an adult may use an earpiece, headphones, or a device worn on the wrist for voice communication. The law also permits an adult to use one button on a wireless device to start or end a voice communication.
A violation of a safety law can also matter in a negligence case. Tennessee recognizes negligence per se in appropriate circumstances. This means that violating a statute may establish negligent conduct when the legal requirements for the doctrine are met.
However, a finding of negligence based on a statutory violation does not by itself establish liability. You must still establish that the violation caused the injury or damage at issue.
What Evidence Can Help Show Distracted Driving?
A driver may not admit to looking at a phone or engaging in another distracting activity. Other evidence can therefore become important when the parties disagree about what happened.
Depending on the circumstances, evidence may include:
Phone records or other records of device use
Photos or videos from the scene
Dashcam or surveillance footage
Witness statements
The official crash report
Statements made by the drivers involved
Physical evidence from the accident scene
The location of the vehicles, visible damage, roadway conditions, and other evidence may also help reconstruct how the collision occurred.
Our personal injury attorneys in Knoxville, TN can look for evidence that helps establish what the other driver was doing before the collision and whether that conduct contributed to the impact. We can then use those findings to support your account of how the accident happened.
What Happens If Both Drivers Share Fault?
A distracted driver may bear responsibility for a collision even if another driver also contributed to what happened. Tennessee uses a modified comparative fault system to address these situations.
Under Tennessee law, you may recover damages as long as your percentage of fault is less than the combined fault of the people who caused your injuries. Your recovery is then reduced according to your percentage of fault.
For example, if you suffered $100,000 in damages but were found 20% at fault, your recovery would generally be reduced by 20%, leaving $80,000. If your share of fault is 50%, however, you generally cannot recover because your fault is no longer less than the remaining combined fault.
This rule makes evidence about the actions of everyone involved especially important when an insurer argues that you also contributed to the collision.
What Compensation May Be Available After a Distracted Driving Accident?
If another driver's negligence caused your injuries, you may be able to seek compensation for losses resulting from the accident. The damages available depend on the facts of your case and the harm you suffered.
Depending on your circumstances, those losses may include medical expenses, lost income or earning capacity, property damage, and noneconomic harm such as physical pain and suffering. Serious injuries may also result in future medical expenses or affect your ability to earn income in the future.
Medical records, bills, employment records, repair documents, and other evidence can help establish the losses connected to the accident. The extent of your injuries and their effect on your daily life can also affect the value of a claim.
Take Action After a Distracted Driving Accident in Tennessee
Distracted driving can provide important evidence of negligence, but proving that a driver was distracted is only part of establishing liability. You must also connect that conduct to the collision and your injuries. If both drivers contributed to the accident, Tennessee's comparative fault rules can also affect how much compensation you may recover.
At the Law Office of Joshua S. Reed in Knoxville, our founding attorney Joshua S. Reed and our team represent injured people in Farragut, Anderson County, Blount County, and Union County, as well as Maryville, Oak Ridge, and Clinton. With more than 20 years of legal experience, we bring careful preparation and personal attention to each case we handle.
We can investigate the circumstances of your accident, gather evidence, address insurance disputes, and pursue compensation for your losses. Contact us today to schedule a free consultation.