Distracted Driving Accidents
Distracted driving is the term used to describe driving a motor vehicle while being focused on a different activity, typically something involving the use of a cellular phone. Unfortunately, distracted driving accounts for numerous crashes that otherwise might have been avoided. Nashville car accident lawyer Eric Beasley can help people throughout Middle Tennessee understand their legal rights and options if you have been injured in a collision as a result of a distracted driver. Mr. Beasley brings over 15 years of experience to his representation of victims in their claims against careless motorists, and he has a strong understanding of this area of law.Distracted Drivers May Be Held Accountable for Negligence
Tennessee has made it a crime to text message while driving or stopped in traffic anywhere in the state. If a driver who engages in this behavior causes a car accident that harms someone else, therefore, he or she may be held liable for those actions.
Distracted driving lawsuits tend to proceed under a negligence theory. Drivers who are proved to be negligent, or careless, in their conduct may be legally at fault for an accident. Breaking safety regulations and driving unreasonably are likely to be seen as negligent acts under the law. An accident victim, or plaintiff, in a personal injury lawsuit against a negligent driver must first show that the driver owed him or her a duty of care. This duty must have been breached, or violated. Also, this breach must have been the direct cause of the accident, and damages must have resulted that are reasonably quantifiable. All of these elements must be shown by a preponderance of the evidence. This is a relatively lenient standard that simply means that they are more likely than not to be present.
Cell phone use aside from texting also may be deemed careless behavior in many situations. For instance, courts have deemed it negligent to reach for a cell phone while driving, or to drive distractedly as a result of a passenger’s cell phone use. In certain situations, however, the crash victim may be held partially accountable for an accident if he or she was also driving distractedly or negligently. This modified comparative fault doctrine requires the court to consider the proportion of responsibility for each person involved in the motor vehicle collision.
Damages that may be recovered in a distracted driving lawsuit usually include economic and non-economic compensation. Economic compensation consists of items such as medical expenses, wages from missed work, and property damage to a vehicle. It is important to maintain documentation for repairs and payments. Additionally, non-economic damages such as loss of ability to enjoy life and pain and suffering often may be recovered after a motor vehicle collision.Discuss an Auto Accident Case in Middle Tennessee with a Nashville Lawyer
The lifelong consequences that result from a car accident may be severe. If you or a loved one has suffered from the negligence of another driver, contact Nashville car accident attorney Eric Beasley to discuss your potential right to compensation. He represents victims in areas including but not limited to Metro Nashville, Lebanon, Murfreesboro, Goodlettsville, and Hendersonville, as well as communities throughout Davidson, Robertson, Sumner, Wilson, Rutherford, and Williamson Counties, and all of Middle Tennessee. Call motor vehicle collision lawyer Eric Beasley at (615) 859-2223 or complete our online form to set up a free consultation.