Jackson, TN Texting While Driving Accidents
In this day and time, a majority of people have a cell phone in their immediate possession at all times. We wake up and the cell phone is lying there on the nightstand. We go to sleep and the cell phone is right there beside our beds again. Throughout the day, we look at our phones many, many times, whether we are at work, spending time with our families, or even driving. One out of every four auto accidents results from texting while driving. If you have been involved in a crash as a result of a driver texting while driving, then you should consult with a Jackson car accident attorney who will fight to hold the distracted driver responsible for your damages. Nahon, Saharovich & Trotz has recovered more than $1.5 billion in compensation for injured parties, many of whom were hurt in car wrecks across Tennessee.
Texting While Driving Is Against the Law in Tennessee
Studies show that the probability of a crash is 23 times higher when a driver is texting. Tennessee, like other states, has enacted laws to address the rising number of texting while driving accidents. Tennessee law forbids drivers to use a cell phone or personal digital assistant to read or send a text message while driving. Drivers who violate this law can receive a citation and may be subject to fines and/or court costs. First time offenders must also attend and complete a driver education course.
Recovering Damages After a Texting While Driving Accident
A person injured in a texting while driving accident in the Jackson area, just like any other auto accident, must pursue a bodily injury claim within a set amount of time. Under Tennessee law, an auto accident victim must either settle his or her bodily injury claim or file a lawsuit within one year of the date of the accident, with certain exceptions for minors and incompetent persons. If you do not pursue your claim within this period of time, your right to pursue a bodily injury claim will be lost forever. This statute of limitations is a strict deadline, and it will not matter if you did not have an attorney, did not know you could pursue a claim, or suffered serious injuries.
The victim of a texting while driving accident in the Jackson area may seek recovery for medical expenses, pain and suffering, lost wages, lost future earnings, scarring or disfigurement, and loss of enjoyment of life, among others. To pursue these claims, the victim must show by a preponderance of the evidence that another driver’s negligence caused the accident in question.
If the defendant was cited for texting while driving, then the accident victim may be able to proceed on a theory of negligence per se, where negligence is shown by the mere violation of a safety law designed to protect people like the victim. Suppose the defendant is charged but not convicted of the texting and driving charge in criminal court. The injured party may still be able to proceed in a civil case for damages, as a criminal conviction is not required to succeed in a personal injury action. In Tennessee, the burden of proof in a criminal case is beyond a reasonable doubt, which is a much higher standard than the preponderance of the evidence standard in an auto accident case in civil court.
Discuss Your Car Wreck Claim with a Jackson Attorney
If you have been injured in a texting while driving accident, call our car accident lawyers today to learn how we can help protect your legal rights. Nahon, Saharovich & Trotz has handled personal injury cases for more than 32 years, and we have a skillful team of 33 lawyers and more than 120 staff members to assist you when you call. Call us toll-free at 800-LAW-4004 or complete our online form to set up a free consultation with a truck or auto accident lawyer today.