Memphis Distracted Driving Accidents
Distracted driving includes any action that takes a driver’s attention away from the road. Possible distractions may include putting on makeup, texting on a smartphone, eating a sandwich, reading a map, watching a video, or adjusting the radio. The longer that a driver’s attention is taken from the road, the greater the risk that an accident will occur. Hundreds of thousands of people are injured each year around the country as a result of distracted driving accidents. At Nahon, Saharovich & Trotz, our Memphis car accident attorneys are ready to help you seek compensation if you were hurt in a collision caused by someone else. As the largest personal injury firm based in Tennessee, we have more than 30 attorneys and 100 staff members.
Establishing Liability for a Distracted Driving Accident
Distracted driving accidents are caused by negligence. In a car accident case, you will need to establish the defendant’s negligence by a preponderance of the evidence by proving that the defendant owed you a duty to drive safely, the defendant failed to meet that duty, the failure to meet that duty caused your injuries, and you suffered actual damages as a result.
Sometimes it is challenging to establish that a defendant was distracted while driving. In many cases, defendants know that they did something wrong but are concerned about their insurance premiums or want to save face, which means they will not admit that they were distracted while driving. However, there are ways to investigate and prove that a driver was distracted. For example, an attorney may request phone records to determine if the defendant was on a smartphone at the time of the accident. Cell phones and smartphones are very common sources of distraction. An attorney may also interview witnesses who may have observed the other driver’s actions inside their car shortly before the accident.
If you can establish that a defendant’s distracted driving was the legal cause of your accident, you likely will be able to recover damages. In many cases, a defendant will turn around and point a finger at the plaintiff. Sometimes both drivers were distracted, and in that case the defense of comparative negligence may affect your compensation award.
Different states follow different rules regarding comparative negligence. In Tennessee, when you have some share of fault, but it is less than 50%, your damages will be reduced by your amount of fault. This is one reason why it is critical to enlist the services of a knowledgeable car accident lawyer who can protect your legal rights against any allegations of comparative negligence.
Compensatory damages in a car accident case may include medical expenses, lost income, household services, loss of enjoyment of life, loss of consortium, and mental anguish. These damages must be reasonably quantifiable, and they can be established through documentary evidence as well as testimony from you and other witnesses.
Consult a Distracted Driving Accident Attorney in Memphis or Beyond
Distracted driving accidents may result in serious injuries or even a loss of life. A driver may be distracted for just a few seconds and cause a devastating injury or a tragic death. Victims who are injured in crashes due to someone else’s negligence should contact the Memphis distracted driving accident lawyers at Nahon, Saharovich & Trotz. Contact our office by calling 800-LAW-4004 or by completing our online form to set up a free appointment. Let us explain to you why NST is the way to go.