Murfreesboro Distracted Driving Accident Lawyers
Driving safely requires your full attention. A moment spent reading a text message, checking social media, reaching for something in the passenger seat, or looking away from traffic can be enough to cause a life-changing collision. But for the person who gets hurt, there is nothing momentary about the consequences. A distracted driving accident can result in surgery, months away from work, chronic pain, permanent limitations, and financial pressures that affect an entire family. While you are trying to recover, you may also find yourself dealing with an insurance company that is looking for ways to limit what it pays.
Weir & Kestner Injury Lawyers represents people injured by distracted drivers in Murfreesboro. Our goal is to secure the compensation our clients need for their medical expenses, lost income, pain, disability, and the many other ways a serious accident can change their lives.
Both of our partners began their legal careers representing insurance companies. That experience gave us an inside perspective on how insurers evaluate accident claims, determine what they are willing to pay, and look for opportunities to minimize their financial exposure. Today, we use that knowledge on behalf of injured people.
Just as importantly, we believe personal injury representation should feel personal. Every client has a dedicated case manager, and you have access to a lawyer from the beginning of your case. We are here to help you through the legal process while pursuing the recovery you deserve.
Distracted Driving Takes Many Forms
Cell phones receive much of the attention in discussions about distracted driving, and for good reason. Texting, checking social media, reading an email, entering an address, or otherwise using a phone can take a driver’s eyes and attention away from the road.
But a driver does not need to be holding a phone to become dangerously distracted.
Common distractions behind the wheel can include:
- Texting or reading messages
- Making or answering phone calls
- Using social media
- Looking at videos or other content
- Entering information into a navigation app
- Adjusting music or vehicle controls
- Eating or drinking
- Reaching for objects inside the vehicle
- Talking with or attending to passengers
- Grooming or looking in a mirror
- Becoming focused on something happening outside the vehicle
Distracted driving is particularly dangerous because conditions on the road can change in seconds. Traffic can stop unexpectedly. A light can turn red. A pedestrian can enter a crosswalk. Another vehicle can change lanes. A driver who is not paying attention may not recognize the danger until there is too little time to avoid a collision.
Tennessee Law Restricts Handheld Cell Phone Use While Driving
Tennessee law prohibits drivers from engaging in certain handheld cell phone activities while operating a motor vehicle. The law restricts conduct such as physically holding or supporting a wireless telecommunications device with the driver’s body, writing, sending, or reading text-based communications, and watching or recording videos, subject to statutory exceptions.
These restrictions reflect the serious danger created when drivers divide their attention between the road and an electronic device.
A traffic violation and a personal injury claim, however, serve different purposes. A citation may punish prohibited driving behavior, while a personal injury case is intended to obtain compensation for the person who was hurt.
For an injured person, the central issue is not simply whether the distracted driver receives a ticket. It is whether the responsible party and applicable insurance coverage provide fair compensation for the losses the accident caused.
Weir & Kestner focuses on that result.
Serious Injuries Can Create Long-Term Financial Needs
Distracted driving collisions range from relatively minor crashes to devastating accidents involving permanent injuries. A driver who fails to notice stopped traffic may strike another vehicle at substantial speed. A distracted motorist may drift across a lane, run a red light, or enter an intersection without recognizing an approaching vehicle.
The resulting injuries can include traumatic brain injuries, spinal cord injuries, fractures, internal injuries, neck and back injuries, nerve damage, severe orthopedic injuries, and other conditions requiring significant medical care.
Some people recover within weeks or months. Others face consequences that can last for years or the rest of their lives.
A serious personal injury claim therefore needs to account for more than the bills that have already arrived. Depending on the circumstances, compensation may be available for:
- Emergency treatment and hospitalization
- Surgery and specialist care
- Rehabilitation and physical therapy
- Future medical treatment
- Prescription medications and medical equipment
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Emotional distress
- Permanent impairment or disability
- Loss of enjoyment of life
- Property damage
The appropriate value of a claim depends on the individual. Someone whose injury prevents them from returning to a physically demanding career may face very different losses from someone who is able to resume normal work after several months.
Our attorneys work to ensure that the value placed on a case reflects the person behind the claim, not merely an insurance company’s spreadsheet.
Insurance Companies May Try to Minimize Distracted Driving Claims
Even when another driver’s carelessness appears obvious, obtaining fair compensation may not be simple. An insurance company has a financial interest in resolving a claim for as little as reasonably possible. It may acknowledge that its driver caused the accident while challenging the amount of compensation the injured person deserves. For instance, the insurer might argue that your injuries are less serious than you claim, that some of your medical treatment was unnecessary, that a preexisting condition is responsible for your symptoms, or that you should have returned to work sooner. It may question whether future treatment will actually be necessary or undervalue the effect of permanent pain and limitations.
The company might also try to place some responsibility for the collision on you. Under Tennessee’s modified comparative fault rules, assigning even a portion of the fault to an injured person can reduce the amount of compensation that person receives. If an injured person is found 50 percent or more at fault, recovery is generally barred.
That situation creates a strong financial incentive for insurers to challenge both damages and legal responsibility.
Former Insurance Defense Attorneys Fighting for Injured People
Before representing injured people, both Weir & Kestner partners worked in insurance defense. We know what it looks like when a claim lands on the other side of the table. That background helps us understand how insurers analyze risk, assess the potential value of cases, approach settlement negotiations, and make decisions about whether to continue defending a claim.
Insurance companies deal with accident claims every day. Most injured people do not. Having an attorney means you do not have to negotiate that process alone. We can communicate with insurers on your behalf, assess settlement offers, push back against efforts to undervalue your losses, and pursue the result your case deserves.
When an insurer will not make a reasonable offer, we can pursue the case through litigation and work toward a recovery through settlement or trial. Our objective is not merely to get an insurance company to offer something. It is to pursue compensation that fairly accounts for what you have endured and what the injury may continue to cost you.
Early Settlement Offers Can Come With a Cost
An insurance company may offer money relatively soon after a distracted driving accident. When medical bills are arriving and you are missing paychecks, receiving a settlement check can sound appealing.
The problem is that the long-term consequences of an injury may not yet be known. You may still need surgery. You may not know whether physical therapy will restore your mobility. Your doctor may not yet know whether you can return to your former job. Chronic pain or neurological symptoms may continue long after you expected to recover.
Once a claim is settled and a release is signed, you cannot seek additional compensation from the settling party simply because your injuries turned out to be worse than expected. Before accepting an offer, it is important to understand what you may be giving up. Weir & Kestner can evaluate an offer in light of your medical needs, income losses, long-term prognosis, and other damages and advise you whether the proposed settlement fairly addresses your losses.
Personal Attention Throughout Your Murfreesboro Distracted Driving Case
A personal injury case is not just a claim number. It represents a person whose daily life may have been changed by someone else’s careless decision. Our approach to client service reflects that reality. Every Weir & Kestner client has a dedicated case manager. You also have access to an attorney from the beginning, so you can get legal guidance when important questions arise.
We understand that clients want more than a successful outcome. They want communication. They want to understand what is happening. They want to know that their concerns are being heard and that their legal team recognizes how the accident has affected their lives. We work to provide that level of service while pursuing the compensation our clients deserve.
Frequently Asked Questions About Distracted Driving Accidents in Murfreesboro
Can I bring a claim if the other driver was texting before the accident?
Yes. If another driver’s distraction caused a collision that injured you, you may have a claim for compensation. Texting is one form of distraction, but claims can also arise from other conduct that causes a driver to stop paying appropriate attention to the road.
Does the other driver have to receive a ticket for me to recover compensation?
No. A traffic citation and a personal injury claim are separate matters. The absence of a ticket does not prevent an injured person from pursuing compensation from a driver whose negligence caused the accident.
What if the insurance company says my injuries are from an old medical condition?
A preexisting condition does not automatically prevent you from recovering compensation. An accident can aggravate or worsen an existing medical problem. Insurance companies may dispute how much of your condition resulted from the collision, making experienced representation particularly valuable when prior medical issues are involved.
Can I still recover if the insurance company says I was partly responsible for the crash?
Potentially. Tennessee follows a modified comparative fault system. An injured person who is less than 50 percent at fault can generally still recover compensation, although the recovery is reduced according to the percentage of fault assigned to that person. Because allegations of shared fault can directly affect the amount you receive, they should be taken seriously. Don’t take the insurance company’s word for it; they don’t get the final say.
How long do I have to file a distracted driving accident lawsuit in Tennessee?
Tennessee has a one-year statute of limitations for personal injury actions, although particular circumstances can affect the applicable deadline, so an independent evaluation is required. Waiting too long can result in the loss of your right to pursue compensation, so it is wise to speak with an attorney promptly after a serious accident.
Contact a Murfreesboro Distracted Driving Accident Lawyer
Someone else’s decision to look at a phone, answer a message, or divert their attention from driving can leave you dealing with consequences you never asked for. You should not also have to carry the burden of fighting an insurance company by yourself.
Weir & Kestner Injury Lawyers helps people injured in distracted driving accidents pursue compensation for medical care, lost income, pain and suffering, long-term limitations, and other losses. Our background in insurance defense gives us firsthand insight into the companies and strategies our clients may face, while our client-centered approach ensures that you have a dedicated team supporting you throughout your case.
Contact Weir & Kestner Injury Lawyers for a free consultation with a Murfreesboro distracted driving accident lawyer. There are no attorney’s fees unless we win or obtain a recovery on your behalf.