Texting While Driving Accidents
Texting while driving is a form of distracted driving that takes a driver's attention away from the task of driving safely for as little as one second. The result may be a serious crash and catastrophic injuries or death for an innocent person. If you suspect that you were hurt in a texting while driving accident in Tennessee or elsewhere in the South, the Memphis car accident attorneys at Nahon, Saharovich & Trotz may be able to assist you in pursuing damages. Our firm is the largest plaintiff’s personal injury law firm based in Tennessee.Claims Arising from Texting While Driving Accidents
If you were injured in a car accident and believe that the other driver's texting while driving caused the accident, you may bring a personal injury lawsuit to recover your economic and noneconomic damages. Most car accident cases are based on negligence, which requires you to establish that another driver owed a duty to drive safely and breached that duty, resulting in injuries. Texting while driving is likely to be considered a breach of the duty that every driver has to behave carefully while operating a vehicle.
Texting while driving is illegal in most Southern states, including Tennessee and Arkansas. If the accident took place in a state where texting while driving is illegal, you may have a cause of action for negligence per se. This cause of action applies when the defendant has violated a safety statute or regulation, the violation results in the type of injuries that the law was designed to avoid, and the person injured is in the group that the safety law was trying to protect. When negligence per se applies, it may be advantageous to the plaintiff because it shifts the focus of the lawsuit from proving that the defendant is liable to determining the extent of the damages.
After an accident involving injuries, you should call the police to come to the scene. You may report your suspicion that the other driver was texting while driving to the police officer. You are more likely to be able to establish negligence per se if the other driver admits that they were texting while driving and is cited for it. However, you may also be able to prove negligence or negligence per se by obtaining the defendant's phone records through the discovery process.
If liability is established, you will need to prove your damages in order to recover compensation. These may be economic losses like medical bills, loss of income, loss of earning capacity, and household services. You may also be able to recover compensation for intangible losses like pain and suffering, loss of consortium, and mental distress.Hire an Experienced Car Accident Attorney in Memphis
Often, the medical bills that arise in connection with car accidents are significant, and the injuries may have long-term consequences. By conducting a thorough investigation into the accident, you may be able to hold a driver who was texting while driving accountable for any injuries that arose out of the resulting crash. At Nahon, Saharovich & Trotz, we employ over 30 attorneys and 100 staff members. We serve injured people throughout Tennessee, Missouri, Mississippi, Kentucky, and Arkansas, including in Chattanooga, Knoxville, Memphis, Nashville, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. Call Nahon, Saharovich & Trotz at 1-800-LAW-4004 or complete our online form to arrange a free appointment with a motor vehicle collision lawyer. NST is the way to go.