Jackson, TN Distracted Driving Accidents
The vast majority of car accidents occur due to distracted driving. For instance, a driver takes his eyes off of the road to send a text message and does not see the vehicle in front of him apply its brakes. Perhaps the driver looks at his radio for a few moments to switch stations and find a song he likes and fails to notice the stop sign ahead. Maybe the driver looks away briefly to check his reflection in the mirror and does not see the traffic light turn red. If a driver like this has injured you, a Jackson distracted driving accident attorney can help. Nahon, Saharovich & Trotz has over 30 attorneys and 100 staff members, making us the largest plaintiff’s personal injury law firm based in Tennessee.Proving Fault Following a Distracted Driving Accident
When most people think of distracted driving, they picture someone causing a wreck because he or she was texting while driving or talking on a cell phone. Tennessee law makes it illegal for drivers to text while the vehicle is in motion. This includes composing, sending, or even just reading a text message. If a Jackson police officer notices a driver texting and driving, a citation may be issued accordingly.
If a distracted driver causes an accident and he is cited for texting while driving, then the victim may be able to seek compensation under the theory of negligence per se, where an act is considered negligent because it breaks a law that was supposed to protect people like the victim. A Jackson lawyer who represents distracted driving accident victims can gather evidence needed to prove liability.
Though cell phones are a major distraction for drivers, playing with the radio, smoking, eating, applying makeup, reading, and talking to passengers are also distractions that can prevent a driver from devoting his or her full attention to the road and surrounding vehicles. Tennessee does not have any laws specifically addressing these numerous other distractions that may contribute to an accident. However, victims of a distracted driving accident may still be able to seek compensation under a general negligence theory if he or she can show, by a preponderance of the evidence, that the distracted driver owed the victim a duty of care to drive safely which was breached, and that the breach caused the victim to suffer injuries and damages as a result.Recovering Damages for Injuries
Tennessee drivers are required by law to carry liability insurance in case they cause an accident. The required minimum limits of liability car insurance in Tennessee are $25,000 per person and $50,000 per occurrence for all parties. Distracted driving accidents in Jackson can lead to severe injuries. Since the driver’s attention is diverted from the road, he or she may not have an opportunity to slow down or take other evasive action to minimize the impact and the resulting crash.
Depending on the severity of the collision, a victim could suffer broken bones, concussions, scarring or disfigurement, or back or neck injuries. The victim of a car accident is entitled to damages for injuries caused by the defendant’s negligence, including medical expenses, lost wages, pain and suffering, and mental anguish. If a distracted driver only carried the required minimum insurance limits, then a distracted driver with serious injuries may have to look to his own insurance policy as a source of additional recovery. Many drivers carry underinsured motorist coverage that may afford additional compensation if there are serious injuries or multiple claimants.Discuss Your Claim with a Jackson Distracted Driving Accident Lawyer
If you have been injured in a car accident caused by a distracted driver, you should consult with an attorney who is familiar with the different theories of negligence and potential sources of recovery for distracted driving accident victims. The Jackson attorneys at Nahon, Saharovich & Trotz have the knowledge and experience needed to assert a convincing case against the person or entity responsible for your harm. Our attorneys have handled car accident cases for more than 30 years, and we have recovered over $1 billion for our clients. We represent people throughout the South, including in Tennessee, Kentucky, Missouri, Arkansas, and Mississippi. Call us toll-free at 800-LAW-4004 or complete our online form to set up a free consultation.