Unfortunately, at the same time as some technological advances are making cars safer, other technology is putting drivers and passengers at greater risk. One of the technological advances that increases risk is the ability of texting while driving. Laws regarding the use of cell phones for conversations or texting vary a great deal from state to state. Though in Tennessee, as in all parts of the country, there are restrictive laws in place to protect drivers, passengers, cyclists, and pedestrians from the danger presented by distracted drivers, too many people are seriously injured or even killed as a result of people texting while driving accidents on our roads.
If you are a victim of a texting while driving accident and have been seriously injured, you need more than medical attention. Because severe physical injuries frequently result in severe financial strain as well, you also need the services of a highly skilled personal injury attorney who will hold the responsible party legally accountable for your losses. If you are in Middle Tennessee, you should turn to Cummings Law in Nashville. Our lead attorney, Brian Cummings, has impeccable credentials and a track record of success. He will fight aggressively to make sure you receive the compensation you deserve. Understanding the trauma you have been through, he will always treat you with respect and compassion.
Our Texting While Driving Accident Attorney Can Help You Win Damages
People who text and drive are risking their own lives and the lives of everyone on the road with them. If such a reckless driver has caused you a serious injury, whether that injury is a fracture, loss of a limb, traumatic brain injury (TBI), organ damage, spinal cord injury, paralysis or other nerve damage, you are legally entitled to damages to cover:
- Economic damages — including medical expenses, property damage, lost income (present and future), nursing care, costs related to making your home accessible
- Non-economic damages — such as pain and suffering, impairment, disfigurement, loss of consortium, loss of enjoyment of life
In cases in which the defendant is guilty of especially egregious behavior, Cummings Law may also be able to win you punitive damages – meaning money over and above the damages previously mentioned. Punitive damages are designed to punish the defendant and to provide a powerful warning and deterrent to other potential offenders.
Texting While Driving Laws in Tennessee
If you have been seriously harmed in a texting while driving accident in Tennessee, it is particularly important to have a savvy car accident attorney since the laws are complicated and somewhat confusing. In Tennessee, texting while driving (with the car in motion) is illegal.
Also, it is illegal to use a cellphone to text or hold a conversation while driving through a school zone, no matter what your age or license status. Unlike most states, Tennessee permits texting when the car is stopped in heavy traffic or at a stoplight.
Exceptions for Emergencies
It should be noted that Tennessee’s texting ban does not apply to law enforcement officers or other emergency personnel who send or receive text communications while acting in their official capacities. Exceptions are also made for any individual who texts to communicate with emergency personnel during an actual emergency. Though individuals texting in such situations will not be ticketed, they can still be held financially liable for any personal injuries they cause while texting and driving.
Stricter Regulations for School Bus Drivers
Because of their particularly vulnerable passengers, school bus drivers are held to a higher standard than other drivers when it comes to using electronic devices at work. As long as there is even one child on the school bus, the driver is not permitted to text, use a cellphone, or any portable electronic device either while driving or while stopped for children to get on or off the vehicle. Of course, these restrictions do not apply if the driver is calling for emergency assistance.
Modified Comparative Negligence in Tennessee
Comparative negligence means that if you are found to be partially, even minimally, responsible for the accident in which you were injured, you and the other driver will be assigned percentages of fault.
For example, though the other driver was texting while driving and is considered to be primarily at fault for the collision if you were driving 15 miles over the speed limit, the court may conclude that you bear 10 percent of the fault. This means that whatever damages you are awarded will be reduced by your percentage of fault. Thus, in the case mentioned, if you are awarded $10,000 at trial, you will receive $9,000. One salient point to be aware of is that under modified comparative negligence law if you are found to bear 50 percent or more of the responsibility for the accident, you will not receive any damages award at all. This system is called modified comparative fault.
Contact Our Nashville Texting While Driving Accident Lawyer
As you can see from the above content, driving while texting law in Tennessee is by no means simple or clearcut. This is just one reason for you contact Cummings Law. With our in-depth, comprehensive knowledge of all relevant laws, we will guide you through the judicial process smoothly and efficiently. Our goal is to win you substantial compensation for all the suffering you and your family have endured while giving you the space you need to relax and recover. Contact us by phone or through our website. The sooner you do so, the sooner we will begin fighting vigorously for your rights.
