Smyrna Distracted Driving Accident Lawyers
A driver who takes their eyes off the road when they should be watching it can change someone else’s life forever. Whether they’re reading a text message, programming a navigation system, or reaching for something inside their vehicle, distracted drivers put everyone around them at risk. When their carelessness causes a collision, injured people deserve compassionate legal support and meaningful financial compensation.
At Weir & Kestner Injury Lawyers, our Smyrna Distracted Driving Accident Lawyers help accident victims recover compensation for medical expenses, lost income, pain and suffering, and other losses caused by negligent drivers. We understand that a serious collision can leave you struggling with physical pain, financial uncertainty, and concerns about your family’s future.
Attorneys Joe Weir and Tony Kestner began their legal careers representing insurance companies. That experience gives them valuable insight into how insurers evaluate accident claims, dispute injuries, and attempt to minimize settlements. Today, they use that knowledge to advocate for people who have been hurt through no fault of their own.
When you contact our firm, you’ll speak with a lawyer right away, and your case will have a dedicated case manager. Our goal is to make the legal process as comfortable and manageable as possible while pursuing the financial recovery you deserve.
The Four Categories of Distracted Driving
Distracted driving involves any activity that diverts a driver’s attention from safely operating a vehicle. Although cell phones receive much of the attention, distractions can take several forms. Traffic safety professionals generally recognize four categories, and many activities involve more than one.
Visual Distractions
Visual distractions occur when drivers take their eyes off the road. Examples include looking at a text message, checking a GPS screen, watching activity outside the vehicle, or searching for something on a passenger seat.
Even a momentary glance away from traffic can prevent a driver from noticing brake lights, a pedestrian entering a crosswalk, or a vehicle slowing ahead.
Manual Distractions
Manual distractions involve taking one or both hands away from the steering wheel to perform another activity.
Common examples include typing on a phone, eating, reaching into a bag, adjusting vehicle controls, or picking up something that has fallen onto the floor.
These activities can interfere with a driver’s ability to steer, brake, or respond to an unexpected hazard.
Cognitive Distractions
Cognitive distractions occur when a driver’s mind is focused on something other than driving.
A driver might be thinking about a stressful personal situation, participating in an emotionally intense conversation, or concentrating on a complicated work-related phone call.
Although the driver may be looking directly at the road, their attention may not be sufficiently focused on recognizing and responding to dangerous conditions.
Auditory Distractions
Auditory distractions involve sounds that interfere with a driver’s attention. Loud music, a ringing phone, a noisy passenger, or an argument inside the vehicle can divert attention from surrounding traffic.
Auditory distractions can also make it harder to hear emergency vehicle sirens, warning horns, or other important sounds.
These categories frequently overlap. Texting while driving, for example, combines visual, manual, and cognitive distractions, making it particularly dangerous.
Tennessee’s Laws Against Texting and Handheld Phone Use While Driving
Tennessee has enacted specific restrictions on cell phone use to reduce preventable traffic accidents. The state’s Hands Free Law, which took effect in 2019, expanded earlier prohibitions against texting while driving.
Tennessee Code Annotated § 55-8-199 establishes several important rules governing electronic devices while operating a motor vehicle.
Texting While Driving
Under T.C.A. § 55-8-199(b)(1)(B), drivers cannot write, send, or read text-based communications while operating a motor vehicle on Tennessee roads or highways.
The prohibition includes more than traditional text messages. It also covers emails, instant messages, and internet-based communications.
The law provides limited exceptions, including certain voice-to-text functions and GPS navigation use by drivers who are at least 18 years old. These exceptions do not give drivers permission to hold their phones or otherwise violate the statute’s restrictions.
Handheld Cell Phone Use
T.C.A. § 55-8-199(b)(1)(A) prohibits drivers from physically holding or supporting a cell phone or other covered portable electronic device with any part of their body while operating a motor vehicle.
This means drivers generally cannot hold a phone to their ear, cradle it against their shoulder, or hold it while looking at the screen.
The law permits certain hands-free activities for adults, including voice communications through an earpiece or wearable device and using a single button to begin or end a call.
A driver may also make a limited swipe or tap on a properly mounted device under specific statutory conditions.
Additional Prohibited Activities
Tennessee law also generally prohibits drivers from:
- Reaching for an electronic device in a way that takes them out of their seated driving position or interferes with proper seat belt restraint
- Watching videos or movies unrelated to vehicle navigation
- Recording or broadcasting video using a covered device, subject to exceptions for continuous recording devices
The statute contains additional exceptions for certain emergency communications, authorized personnel, utility workers, and lawfully stopped or parked vehicles.
Violations can result in fines, with increased penalties for repeat offenses, violations resulting in accidents, and certain school-zone or work-zone violations.
Importantly, a driver who violates Tennessee’s distracted driving law may face consequences beyond a traffic citation. When unlawful phone use contributes to an injury-producing accident, it may also support a civil claim for compensation.
Holding Distracted Drivers in Smyrna Financially Accountable for Injury Crashes
A distracted driver may cause a collision by failing to notice stopped traffic, drifting into another lane, running a traffic signal, or overlooking a pedestrian or motorcyclist.
Injured victims may pursue compensation when another driver’s negligence causes their injuries. A violation of Tennessee’s distracted driving statute can be important in establishing responsibility, although the circumstances of the accident and the relationship between the violation and the injuries still matter.
Even when a particular distraction is not specifically prohibited by statute, a driver may be negligent for failing to exercise reasonable care.
Our attorneys focus on translating that legal responsibility into meaningful financial recovery for our clients. We negotiate with insurance companies, challenge attempts to minimize claims, and pursue litigation when necessary to seek appropriate compensation.
Compensation for Distracted Driving Accident Injuries
Distracted driving collisions can cause injuries ranging from painful soft tissue damage to permanent disabilities. Victims may experience broken bones, traumatic brain injuries, spinal cord damage, severe neck and back injuries, or other conditions requiring extensive treatment.
Depending on the circumstances, recoverable damages may include medical bills, future healthcare expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life.
When an accident causes catastrophic injuries, compensation must account for more than the immediate cost of treatment. Long-term rehabilitation, ongoing assistance, and permanent employment limitations can create substantial financial needs.
Our attorneys work to pursue settlements and verdicts that reflect the full impact of these injuries, rather than allowing insurance companies to define a claim’s value solely by its initial medical expenses.
Insurance Company Tactics in Distracted Driving Claims
Insurance companies may attempt to minimize responsibility even when a driver admits to using a phone shortly before a collision.
An adjuster might argue that the distraction did not actually cause the accident, that the injured person shares responsibility, or that the resulting injuries are less serious than claimed.
Joe Weir and Tony Kestner understand these strategies because both previously represented insurance companies. Their background provides insight into how insurers approach liability disputes, evaluate injuries, and determine settlement offers.
We use that experience to advocate for fair compensation and resist unreasonable efforts to reduce the value of our clients’ claims.
Throughout the process, our team remains focused on your needs. You’ll have a dedicated case manager, access to experienced legal counsel, and attorneys committed to pursuing the best available outcome for your circumstances.
Frequently Asked Questions About Smyrna Distracted Driving Accidents
Can I sue a driver who hit me while talking on a hands-free phone?
Yes, depending on the circumstances. Although certain hands-free phone activities are permitted under Tennessee law, drivers must still exercise reasonable care. If a phone conversation distracts a driver enough to contribute to an accident, the driver may be liable for resulting injuries even without violating the handheld phone prohibition.
Does a distracted driver have to receive a ticket before I can pursue compensation?
No. A traffic citation is not required to bring a personal injury claim. Civil liability depends on whether the driver’s negligent actions caused your injuries, not whether law enforcement issued a ticket or not.
Can I recover compensation if the distracted driver denies using a phone?
Potentially. A driver’s denial does not automatically prevent a successful claim. Other circumstances may establish negligent driving, and relevant evidence may help demonstrate that distraction contributed to the collision. Our attorneys can evaluate the available grounds for pursuing compensation.
Can I receive compensation if I was also partially responsible for the accident?
Tennessee’s modified comparative fault rule allows an injured person to recover compensation from another negligent driver when their share of fault is less than 50%. Any recovery is reduced by their percentage of responsibility. Our attorneys work to challenge unfair fault allegations that could diminish a client’s compensation.
Contact Our Smyrna Distracted Driving Accident Lawyers for a Free Consultation
You should not have to shoulder the financial and emotional consequences of another driver’s decision to stop paying attention to the road.
At Weir & Kestner Injury Lawyers, we understand how difficult life can become after a serious collision. Our attorneys provide compassionate guidance, responsive communication, and determined representation designed to help you obtain the compensation you need to move forward.
Contact Weir & Kestner Injury Lawyers today at 615-908-2492 for a free consultation with our Smyrna distracted driving accident lawyers. We handle personal injury cases on a contingency fee basis, so you won’t owe an attorney’s fee unless we secure a financial recovery for you.
Let our team deal with the insurance company while you concentrate on your health, your family, and your future.