Distracted Driving Accidents
As people rely more and more on phones and other technology to communicate and navigate, the likelihood of driver distraction increases. A distracted driver may cause serious injuries and even fatalities when they are taking the time to focus on something other than the road. The car accident lawyers at Martin Heller Potempa & Sheppard PLLC can assist Tennessee residents who have been hurt or lost a loved one due to a distracted driver. We can pursue proper legal action against the individual responsible. Our Nashville distracted driving accident attorneys are dedicated to making sure that the appropriate parties are held liable so that victims can focus on recovering from their injuries without the added concerns of financial burdens.Establishing Liability for a Distracted Driving Accident
According to the National Highway Traffic Safety Administration, driver distraction is a factor in almost 80 percent of accidents, as well as about 60 percent of near-accidents. A driver distraction is not limited to cell phone use and is defined as any attention that is given to a non-driving-related activity. Inexperienced drivers are especially susceptible to being distracted behind the wheel, but drivers of any age may be careless when engaging in certain activities. Aside from texting, there are various other distractions that may be dangerous, including:
- Drinking or eating;
- Having conversations or interactions with other passengers or children;
- Configuring a GPS device;
- Engaging in distractions outside the vehicle, such as looking at an accident or sign; or
- Attempting to reach for something that has shifted or been dropped.
Distractions may take many different forms, but the potential for harm remains the same. Victims who have been injured by a distracted driver may pursue a claim to seek damages for medical expenses, lost income, and loss of earning capacity, depending on the extent of their injuries. Families who are left behind after a fatal accident may file a claim on a victim’s behalf to be compensated for burial and funeral costs, as well as other damages.
A driver distracted by their phone or another activity may be found to have been negligent. Negligence is present when a defendant breaches the duty of care owed to other motorists and road users to act reasonably under the circumstances. A driver who has been texting for long periods of time without keeping their eyes on the road and rear-ends another vehicle, for example, may be found to have acted unreasonably. Injured plaintiffs must also establish that their accident was caused by a defendant’s actions, resulting in damages.
In Tennessee, claims alleging personal injuries or wrongful death based on a motor vehicle accident must be filed within one year of the date of the victim’s injury or death. Consulting an experienced personal injury attorney who can make sure that a proper investigation is conducted and necessary evidence is gathered is important in ensuring that a victim’s rights are protected.Discuss Your Distracted Driving Accident Case with a Nashville Attorney
The motor vehicle collision attorneys at Martin Heller Potempa & Sheppard PLLC offer dedicated and knowledgeable legal guidance to people who have been harmed by the careless and reckless actions of someone else. Our Nashville distracted driving accident lawyers represent victims and their families throughout Davidson and Williamson Counties, including in Hillsboro Village, East Nashville, and Sylvan Park. You can contact us online or call 615-800-7096 to find out more about your legal rights.