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Auto Accidents Involving Distracted Drivers

If you or a loved one been injured in an auto accident caused by someone else's negligence in Knoxville, Tennessee, contact DZ Law today to schedule a free consultation with our Knoxville car accident lawyers. We will get you the justice and compensation you deserve.

Have you been injured in a car wreck in Knoxville because someone else was on their phone, fiddling with the radio, or simply not paying attention? Sadly, you're not alone. Distracted driving is a massive problem on our Knoxville roads, especially around busy areas like the University of Tennessee campus and the bustling streets of Market Square, and it's causing serious accidents every single day.

These aren't just fender benders; we're talking about accidents that result in painful injuries, mounting medical bills, and lost wages. It's frustrating, isn't it? You're driving responsibly and following the rules, and then someone's careless actions turn your life upside down.

Dealing with insurance companies after a distracted driving accident can be a nightmare, especially when you are dealing with pain. They might try to minimize your claim or even blame you, even though the other driver was clearly at fault. This can leave you feeling overwhelmed, stressed, and unsure of where to turn.

But there's good news. DZ Law can help. At our law firm, we understand the unique challenges of these cases, and we're dedicated to fighting for Knoxville residents who have been hurt by distracted drivers. One of our primary attorneys, Robert Dziewulski, has been recognized as a Mid-South Super Lawyer in 2021, 2022, and 2023. We'll handle the insurance companies so you can focus on healing. If you've been injured, don't wait. Contact a Knoxville auto accident lawyer at DZ Law today for a free consultation and let us fight for the compensation you deserve.

Common Forms of Distracted Driving

Distracted driving happens when any activity takes a driver's attention away from the critical task of driving. It's a major cause of motor vehicle crashes, leading to injuries and even distracted driving deaths. In fact, according to the Tennessee Department of Safety & Homeland Security, Knox County reported over 10,000 traffic crashes in 2023, with many resulting in injuries.

While cell phone use, especially texting, gets a lot of attention, driver distraction can take many forms. All distractions put lives at risk. Here are some of the most common forms:

       Cell Phone Use: This is one of the most common and dangerous distractions. Talking on the phone while driving, even hands-free, can significantly impair a driver's ability to react to changing road conditions. Texting while driving is especially dangerous, as it takes a driver's eyes off the road, hands off the wheel, and mind off the driving. Many states have made laws to stop drivers from texting while driving.

       Texting and Messaging: Sending or receiving a text message, checking social media, or using any other messaging app while driving is extremely risky. It only takes a few seconds with your eyes closed or eyes off the road to miss a critical event and cause a crash.

       Eating and Drinking: Trying to eat a meal or drink a beverage while driving can be surprisingly distracting. It can take the driver's attention and hands away from the task of staying in control of the vehicle.

       Adjusting Vehicle Controls: Fiddling with the radio, CD player, climate controls, or navigation system can divert a driver's attention from the road.

       Interacting with Passengers: Having a conversation with passengers, especially if it's animated or emotional, can distract the driver. While it may be okay to speak with passengers, it is important to maintain full attention on the road. Friends should help to limit distractions.

       Grooming: Applying makeup, combing hair, or performing other personal grooming tasks while driving is a dangerous form of distraction.

       Reading: Believe it or not, some drivers attempt to read maps, books, or newspapers while behind the wheel. It should go without saying that this is extremely dangerous.

       Daydreaming: Even just letting your mind wander and not paying full attention to the driving task can increase the risk of an accident.

 

 

Tennessee Laws on Distracted Driving

Tennessee has recognized the serious dangers of distracted driving and has enacted several laws to combat this dangerous behavior. These laws aim to reduce motor vehicle crashes caused by drivers who are not paying full attention to the road.

While raising awareness of distracted driving is an ongoing effort, these laws provide enforcement mechanisms to deter the behavior and hold distracted drivers accountable.

Hand-Held Ban for All Drivers

Tennessee has a law that prohibits all drivers from holding a cell phone or other mobile device while operating a motor vehicle. This means you cannot hold your phone to make a call, send a text message, take a photo, or use any other app while driving.

Texting Ban for All Drivers

It is illegal for any driver to read or send a text message while driving in Tennessee. This includes using any other messaging app, such as email or social media. The law recognizes that texting is one of the most dangerous forms of distracted driving because it takes the driver's eyes, hands, and mind off the driving task.

Hands-Free Requirements

Drivers are permitted to use a hands-free device to talk on the phone. This typically involves using Bluetooth technology to connect the phone to the car's audio system or using an earpiece. However, even hands-free phone use can be distracting, so drivers are encouraged to limit phone calls while driving and pull over to a safe location if a lengthy conversation is necessary.

School Bus Drivers

Tennessee law has a specific provision for school bus drivers, prohibiting them from using a cell phone at all while operating a school bus with children present, even with a hands-free device. This stricter rule recognizes the heightened responsibility school bus drivers have for the safety of their young passengers.

 

 

Learner's Permit and Intermediate License Holders

Drivers under 18 with a learner's permit or intermediate driver's license are prohibited from using a cell phone at all while driving, even with a hands-free device. This stricter standard acknowledges that teen drivers are more susceptible to distractions and need to focus on developing safe driving habits.

Penalties for Violations

Violating Tennessee's distracted driving laws can result in fines. The fines can increase for repeat offenses. Additionally, if distracted driving leads to a crash that causes property damage, injury, or death, the driver could face more serious criminal charges, such as reckless driving, vehicular assault, or vehicular homicide.

Exceptions

There are limited exceptions to these laws, such as using a cell phone to make an emergency call to 911, law enforcement, or other emergency services.

Enforcement and Awareness

Law enforcement officers across Tennessee actively enforce these distracted driving laws. In addition to enforcement, there are ongoing public awareness campaigns to educate drivers about the dangers of distracted driving and the specifics of Tennessee's laws.

These campaigns, often promoted by the Tennessee Department of Transportation and traffic safety organizations, aim to change driver behavior and ultimately make Tennessee roads safer.

Proving Negligence in Distracted Driving Cases

Proving negligence in distracted driving cases is crucial to holding the at-fault driver accountable and recovering compensation for your injuries. Here's how it's done:

  1. Establishing Duty of Care: All drivers, whether they're on a busy interstate like I-640 or a quiet street in Sequoyah Hills, have a duty to operate their vehicles safely and avoid causing harm to others. This includes paying attention to the road and avoiding distractions.
  2. Demonstrating Breach of Duty: You must show that the other driver breached this duty by engaging in distracted driving. This could involve:

       Violating Laws: Evidence that the driver violated Tennessee's distracted driving laws, such as texting while driving or holding their phone, is strong evidence of negligence.

       Witness Testimony: Statements from passengers in either vehicle or from other drivers who observed the distracted behavior can be powerful evidence.

       Phone Records: In some cases, obtaining phone records through legal means can show that the driver was using their cell phone at the time of the crash.

       Video Evidence: Dashcam footage, traffic camera recordings, or videos taken by witnesses can provide visual proof of distracted driving.

  1. Proving Causation: You must establish a direct link between the driver's distracted driving and the accident that caused your injuries. For example, if the driver ran a red light because they were looking at their phone, that action directly caused the collision.
  2. Demonstrating Damages: You need to show that you suffered actual damages as a result of the accident, such as medical bills, lost wages, property damage, and pain and suffering.

 

 

Gathering Evidence: Phone Records, Witness Testimony, and More

Gathering compelling evidence is essential in distracted driving cases. Here are some key types of evidence to focus on:

       Phone Records: These records can reveal if the driver was talking, texting, or using apps around the time of the accident. Obtaining them usually requires a subpoena, which your attorney can help with.

       Witness Testimony: Statements from eyewitnesses are crucial. Passengers in either vehicle, other drivers, or pedestrians who saw the driver's distracted behavior can provide valuable accounts. Get their contact information at the scene if possible.

       Police Reports: The police report will contain important details about the accident, including the officer's observations, witness statements, and any citations issued. It may also include the officer's opinion on whether distracted driving was a factor.

       Photographs and Videos: Visual evidence, such as photos of the accident scene, vehicle damage, and any visible signs of distraction (e.g., a phone in the driver's hand), can be very persuasive.

       Event Data Recorder (EDR) Data: Many newer vehicles have EDRs, or "black boxes," that record data like speed, braking, and steering input in the moments before a crash. This data can help reconstruct the accident and may reveal if the driver was not paying attention.

Compensation for Injuries Caused by Distracted Drivers

If you've been injured by a distracted driver in Tennessee, you may be entitled to compensation for a variety of damages, both economic and non-economic.

Economic Damages

These are quantifiable financial losses, including:

       Medical Expenses: Past and future medical bills related to your injuries, such as hospital stays, doctor visits, surgery, medication, and physical therapy.

       Lost Wages: Income you've lost due to missing work because of your injuries.

       Lost Earning Capacity: If your injuries prevent you from earning as much in the future as you could before the accident.

       Property Damage: The cost to repair or replace your damaged vehicle.

Non-Economic Damages

These are more subjective and harder to quantify, but no less real:

       Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.

       Emotional Distress: Damages for mental anguish, anxiety, depression, and other psychological impacts of the accident.

       Loss of Enjoyment of Life: Compensation if your injuries prevent you from participating in activities you used to enjoy.

 

Contact a Knoxville Car Accident Lawyer

After a car accident, especially one caused by a distracted driver, dealing with the aftermath can be overwhelming. You're likely injured, stressed, and facing a mountain of paperwork. Don't go it alone. A skilled Knoxville car accident lawyer can be your strongest advocate. At DZ Law, we have experience navigating the complexities of these types of cases.

 

We'll investigate your accident, gather evidence, and deal with the insurance companies on your behalf. Our goal is to secure the maximum compensation you deserve for your medical bills, lost income, and pain and suffering. Let us handle the legal battle so you can focus on your recovery. Contact us by calling 865-259-0020 today.

Contact Us Today

DZ Law is committed to answering your questions about Transactional Litigation, Transactional Drafting, and Personal Injury law issues in Knoxville, Tennessee. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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