Murfreesboro Texting and Driving Accident Lawyers
A text message can wait. Unfortunately, some drivers make a different choice. Reading a message, typing a response, checking a notification, or looking down at a phone can take a driver’s eyes and attention away from traffic long enough to cause a devastating collision.
For the person who gets hurt, the consequences can last far longer than the few seconds the other driver spent looking at a screen. You may face surgery, rehabilitation, time away from work, persistent pain, or permanent physical limitations. At the same time, an insurance company may be looking for ways to reduce what it has to pay.
Our Murfreesboro Texting and Driving Accident Lawyers at Weir & Kestner Injury Lawyers help injured people pursue compensation after collisions caused by drivers who put their phones ahead of safety. We focus on obtaining a recovery that reflects the full effect of your injuries, including your medical expenses, lost income, pain and suffering, future needs, and other losses.
Both of our partners began their careers in insurance defense. We have seen firsthand how insurance companies evaluate claims, decide what an injury is worth to them, and protect their financial interests. Today, we use that experience to advocate for injured people.
We also believe the way clients are treated matters. Every case has a dedicated case manager, and clients have access to a lawyer from the beginning. You deserve both strong legal representation and a team that is responsive to you throughout your case.
Texting Creates Multiple Forms of Distraction
Texting while driving is particularly dangerous because it can involve several types of distraction at the same time. A driver may become visually distracted by taking their eyes off the road to read a message. They may become manually distracted by taking a hand off the steering wheel to type or scroll. They may become cognitively distracted as their attention shifts from driving to a conversation happening on the phone.
Even a brief distraction can be dangerous. Traffic ahead may suddenly stop. A light may change. Another vehicle may enter an intersection. A driver may begin drifting from a lane without realizing it. When someone is looking at a screen instead of the road, precious time can pass before the driver recognizes the danger and reacts.
Texting-related collisions include rear-end accidents, intersection crashes, sideswipes, head-on collisions, and accidents involving pedestrians, bicyclists, and motorcyclists. Regardless of how the collision occurs, an injured person should not have to absorb the financial consequences of someone else’s decision to text behind the wheel.
Tennessee Law Restricts Handheld Phone Use Behind the Wheel
Tennessee law places significant restrictions on the use of wireless telecommunications devices while driving. Subject to statutory exceptions, drivers are prohibited from physically holding or supporting such a device with any part of their body. Tennessee law also restricts writing, sending, and reading text-based communications while operating a vehicle, along with certain other uses of handheld devices.
A driver who violates these restrictions may face legal consequences separate from any personal injury claim brought by someone hurt in a collision. For an injured person, however, a citation is not the ultimate goal. Your priority is obtaining compensation for the damage the driver caused.
A traffic ticket does not pay for an operation. It does not replace a paycheck. It does not compensate you for chronic pain or restore the opportunities lost because of a permanent disability. A civil injury claim is how you pursue the financial recovery you need.
Texting Accidents Can Cause Life-Changing Injuries
A driver focused on a phone may fail to slow down before impact. That can make some texting accidents particularly severe. A motorist who would ordinarily brake before hitting stopped traffic may instead collide at or near traveling speed. Someone looking down at a phone can also drift across the center line or enter an intersection without recognizing a traffic signal.
The resulting injuries can include:
- Traumatic brain injuries
- Spinal cord damage
- Herniated and damaged spinal discs
- Neck and back injuries
- Broken bones
- Internal injuries
- Serious knee, shoulder, and other orthopedic injuries
- Nerve damage
- Scarring and disfigurement
- Permanent physical impairment
For some people, treatment ends after several months. For others, the accident marks the beginning of a lifelong medical struggle.
When an injury is permanent, compensation should address more than the medical expenses accumulated immediately after the crash. Future medical care, reduced earning ability, physical limitations, and the loss of activities that once mattered to you can become some of the most significant parts of the claim.
Recovering Compensation for the Full Impact of Your Injuries
Insurance companies frequently focus on numbers that are easy to place in a file: medical bills, repair estimates, and documented lost wages. But your life is more complicated than a spreadsheet.
A serious injury may mean that you can no longer lift your child without pain. You may struggle to sleep comfortably. You might have to abandon a career that required physical abilities you no longer possess. Activities you once enjoyed may become difficult or impossible.
Depending on the circumstances of the accident and your injuries, compensation may be available for:
- Emergency medical care
- Hospitalization
- Surgery and specialist treatment
- Physical and occupational therapy
- Future medical expenses
- Medications and medical equipment
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Permanent impairment
- Scarring or disfigurement
- Loss of enjoyment of life
- Property damage
Weir & Kestner works to pursue compensation based on how the accident actually affected you rather than allowing the insurance company to decide the value of your case based solely on its own financial priorities.
An Insurance Company May Still Fight Over What It Owes
A texting driver may appear clearly responsible for an accident. That does not mean the driver’s insurance company will immediately offer fair compensation. An insurer can accept responsibility for the collision while continuing to dispute the value of the injuries.
It may claim that you received more treatment than necessary. It may argue that your pain comes from a previous condition rather than the accident. It may dispute whether you will need future medical care or challenge the amount of income you expect to lose.
An insurance company may also attempt to place some of the blame on you. Tennessee follows a modified comparative fault system where an injured person who is less than 50 percent responsible can recover compensation, but that compensation is reduced by the person’s percentage of fault. At 50 percent or more, recovery is generally barred. That means shifting even a relatively small percentage of responsibility can save an insurance company substantial money in a high-value injury case.
We understand why these arguments matter, and we work to protect our clients from attempts to unfairly reduce the compensation they deserve.
Our Attorneys Know the Insurance Side of a Claim
Before Weir & Kestner represented injured people, both of our partners represented insurance companies. That experience gave us a firsthand look at how the insurance industry approaches personal injury claims. We understand how insurers assess cases, analyze potential exposure, value damages, negotiate settlements, and make decisions about litigation.
We now use that knowledge for our clients.
When an insurer questions the severity of an injury, we understand the financial purpose behind the argument. When it makes an early settlement offer, we can evaluate whether accepting that offer is truly in the client’s best interests. When negotiations fail to produce an appropriate result, we are prepared to pursue the case further.
You should not have to learn how to negotiate with an insurance company while you are also trying to recover from an injury. We handle that fight for you.
Early Settlement Offers Deserve Careful Consideration
A quick settlement can be tempting after a texting and driving accident. Medical bills may already be accumulating, and an injury may have kept you from receiving your normal paycheck. But settling too soon can create serious problems.
Some injuries take time to understand. You may initially expect to improve with physical therapy only to learn that surgery is necessary. A doctor may not immediately know whether you will regain full function. You may attempt to return to work before discovering that your injury prevents you from performing essential duties. If you accept a settlement and sign a release, you cannot seek additional compensation from the settling party later simply because your injuries became more serious or expensive than anticipated.
An attorney can help you understand what a proposed settlement covers, what you may be giving up, and whether the amount reasonably reflects both your present and future losses.
A Client-Centered Approach to Your Injury Case
Being represented by a lawyer should make your life easier, not give you another source of frustration. At Weir & Kestner, every case has a dedicated case manager. Clients also have access to an attorney from the beginning, ensuring that legal questions receive appropriate attention from the start.
We want you to know who is handling your case. We want you to understand important developments and decisions. And we want you to feel comfortable reaching out when you have questions or concerns.
That service-oriented approach is especially important when someone is coping with a serious injury. Your legal team should understand that the case is not simply about an accident. It is about your health, your finances, your family, and your future.
Our responsibility is to help protect that future by pursuing the compensation you deserve.
Frequently Asked Questions About Murfreesboro Texting and Driving Accidents
Is texting while driving illegal in Tennessee?
Tennessee law prohibits drivers from writing, sending, or reading text-based communications while operating a motor vehicle and restricts physically holding or supporting a wireless telecommunications device with the body, subject to certain statutory exceptions. A driver’s violation may result in consequences separate from an injured person’s civil claim for compensation.
Do I have a case if the texting driver was not given a ticket?
A traffic citation is not a requirement for bringing a personal injury claim. The traffic enforcement process and your civil claim serve different purposes. Your right to compensation depends on the circumstances of the collision and your resulting injuries, not simply on whether an officer issued the other driver a ticket.
What if the driver denies texting after the accident?
A driver’s denial does not necessarily determine the outcome of your claim. Disputes can arise over whether a driver was using a phone and whether distraction contributed to a collision. Your attorney can address disputed liability and pursue your claim based on the facts and applicable law.
Can I recover compensation if the texting driver’s insurer says I was partly at fault?
You may still be able to recover. Tennessee allows an injured person who is less than 50 percent at fault to recover damages, although the recovery is reduced according to the percentage of fault assigned to that person. Because an allegation of shared fault can reduce your compensation, it is important to have an attorney protect your interests.
How long do I have to file a texting and driving accident lawsuit?
Tennessee imposes a one-year statute of limitations for personal injury actions, although exceptions can apply in particular circumstances. Because waiting beyond the applicable deadline can prevent you from pursuing compensation, you should speak with an attorney promptly rather than assuming you have plenty of time.
Contact a Murfreesboro Texting and Driving Accident Lawyer
A driver may spend only seconds reading or sending a text, but you could spend years dealing with the consequences. You should not also have to spend your recovery trying to convince an insurance company to treat your losses fairly.
Weir & Kestner Injury Lawyers helps people injured by texting drivers pursue compensation for their medical expenses, lost income, pain and suffering, permanent limitations, future needs, and other damages. Our attorneys’ insurance defense backgrounds give us firsthand insight into how insurers approach these cases, while our client-centered model gives you a dedicated case manager and access to a lawyer from the beginning.
Contact Weir & Kestner Injury Lawyers today for a free consultation with a Murfreesboro texting and driving accident lawyer. There is no attorney’s fee unless we obtain a recovery for you.