Smyrna Texting and Driving Accident Lawyers
When you’re behind the wheel, a text message can always wait. Unfortunately, some drivers make the dangerous decision to read or send messages while operating their vehicles, putting everyone around them at risk. When a driver looks down at a phone instead of paying attention to traffic, the consequences can be devastating. Innocent people may suffer serious injuries, face overwhelming medical expenses, and struggle with lasting changes to their everyday lives.
At Weir & Kestner Injury Lawyers, our Smyrna Texting and Driving Accident Lawyers help people who have been injured because another driver chose to use a phone instead of focusing on the road. We understand how frightening and frustrating these accidents can be, particularly when you’re left dealing with physical pain, financial uncertainty, and the knowledge that the collision was entirely preventable.
Our attorneys, Joe Weir and Tony Kestner, both began their legal careers representing insurance companies. That experience gives them valuable insight into how insurers evaluate accident claims, challenge injuries, and attempt to minimize compensation. Today, they use that knowledge to help injured people pursue the financial recovery they deserve.
When you contact our firm, you’ll speak with an attorney right away. Every case also has a dedicated case manager to provide personal attention and keep you informed throughout the legal process. We’re committed to making a difficult experience easier while working to protect your financial future.
The Dangers of Texting Behind the Wheel
Texting is particularly dangerous because it combines three major forms of driver distraction.
Visual distraction occurs when a driver takes their eyes off the road to look at a phone screen. Manual distraction happens when a driver removes a hand from the steering wheel to type or scroll. Cognitive distraction occurs when the driver’s attention shifts away from traffic and toward the content of a message.
Together, these distractions can significantly impair a driver’s ability to recognize hazards and respond appropriately.
At highway speeds, looking away from the road for five seconds means traveling a substantial distance without watching surrounding traffic. During that time, another vehicle may brake suddenly, a traffic signal may change, or a pedestrian may enter the roadway. Texting-related accidents commonly involve:
- Rear-end collisions when drivers fail to notice stopped or slowing traffic
- Intersection crashes caused by missed traffic signals or stop signs
- Head-on collisions when distracted drivers cross centerlines
- Sideswipe accidents caused by unintended lane departures
- Pedestrian and bicycle accidents involving drivers who fail to notice vulnerable road users
- Multi-vehicle collisions triggered by delayed reactions or sudden steering corrections
These crashes can result in broken bones, traumatic brain injuries, spinal injuries, internal injuries, and permanent disabilities.
Our attorneys understand that even a momentary distraction can create consequences lasting a lifetime. We work to pursue compensation that reflects the full extent of those consequences.
Tennessee’s Laws Against Texting While Driving
Tennessee has enacted laws specifically restricting the use of electronic devices while driving.
Under Tennessee Code Annotated § 55-8-199, drivers generally cannot write, send, or read text-based communications while operating a motor vehicle on Tennessee roads or highways.
The prohibition covers traditional text messages, emails, instant messages, and other forms of text-based electronic communication.
Tennessee’s Hands Free Law, which took effect in 2019, also generally 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 vehicle.
Restrictions on Handheld Phone Use
Under T.C.A. § 55-8-199, drivers generally may not:
- Hold a phone while talking, texting, or viewing information
- Type or read electronic messages while driving
- Reach for a device in a manner that interferes with their seated driving position or proper seat belt restraint
- Watch videos or movies unrelated to vehicle navigation
- Record or broadcast video using a covered device, subject to statutory exceptions
The law allows certain limited activities, such as qualifying hands-free voice communications and GPS navigation. Specific exceptions also apply to certain emergency communications and other circumstances.
However, the existence of an exception does not relieve drivers of their general responsibility to operate vehicles safely.
Texting Violations and Personal Injury Claims
A driver who violates Tennessee’s texting or handheld phone restrictions may face traffic penalties.
When unlawful phone use contributes to a collision, that violation may also support a civil negligence claim.
Importantly, an injured person does not have to establish that the driver received a traffic citation or criminal conviction before pursuing compensation.
Even when a driver’s particular phone use does not violate the statute, the driver may still be negligent if the distraction interferes with safe driving.
Our attorneys focus on holding negligent drivers financially responsible and pursuing compensation that addresses the injuries and losses they cause.
Recovering Compensation After a Texting and Driving Accident in Smyrna
When a distracted driver causes a collision, injured victims may be entitled to compensation for both economic and non-economic damages.
Economic damages include measurable financial losses such as medical expenses, lost wages, rehabilitation costs, and future healthcare needs.
Non-economic damages address the personal consequences of an injury, including physical pain, emotional suffering, permanent limitations, and reduced enjoyment of life.
Depending on the circumstances, compensation may include:
- Emergency medical care, hospitalization, and surgery
- Physical therapy and ongoing rehabilitation
- Future medical treatment and assistance
- Lost income during recovery
- Reduced earning capacity resulting from permanent injuries
- Physical pain and suffering
- Emotional distress and psychological trauma
- Permanent disability or disfigurement
- Loss of enjoyment of everyday activities
- Property damage and related financial losses
For someone with a catastrophic injury, the need for financial support may continue for decades.
A traumatic brain injury, for example, may affect memory, concentration, employment, and independence. A spinal cord injury may require long-term medical care, mobility equipment, and modifications to a home.
Weir & Kestner works to pursue recoveries that reflect these ongoing needs rather than focusing only on the expenses incurred immediately after the accident.
Insurance Companies Try to Minimize Texting Accident Claims
Even when another driver admits to using a phone, obtaining fair compensation isn’t always straightforward.
Insurance companies may argue that the driver’s phone use did not actually cause the collision. They may attempt to shift some responsibility to the injured person or dispute whether the claimed injuries resulted from the accident.
Adjusters may also offer settlements before victims fully understand the long-term consequences of their injuries.
Joe Weir and Tony Kestner know how these strategies work because they previously represented insurance companies.
Their insurance defense experience helps them understand how claims are evaluated, how settlement decisions are made, and why insurers may resist paying the full value of a serious injury claim.
We use that knowledge to challenge unreasonable settlement positions and pursue compensation that reflects our clients’ actual losses.
When an insurance company refuses to offer a fair settlement, we’re prepared to pursue litigation to protect our clients’ interests.
Texting While Driving and Commercial Vehicle Accidents
Texting behind the wheel is especially dangerous when the distracted driver operates a large commercial vehicle.
Tractor-trailers, delivery trucks, and other commercial vehicles require considerable time and distance to stop. Their size and weight can also make collisions particularly destructive.
Federal regulations generally prohibit texting while driving commercial motor vehicles covered by the rules. Under 49 C.F.R. § 392.80, the prohibition includes manually entering or reading text from an electronic device, subject to limited exceptions.
When a commercial driver causes a collision while texting, the resulting claim may involve the driver, their employer, and commercial insurance coverage.
These cases can present substantial financial stakes, particularly when victims suffer catastrophic injuries or permanent disabilities.
Our attorneys understand the challenges involved in pursuing compensation from commercial transportation companies and their insurers. We work to hold responsible parties accountable and seek recoveries that address our clients’ long-term needs.
Personal Attention Throughout Your Recovery
A serious accident can leave you feeling as though you’ve lost control over important parts of your life. You may be unable to work, concerned about medical expenses, or unsure how to deal with an insurance company.
Weir & Kestner believes your legal team should provide reassurance, accessibility, and dependable support.
When you contact us, you’ll speak with a lawyer right away. Every case receives a dedicated case manager who helps answer questions, provide updates, and maintain communication.
Our firm was born in this community, and our commitment to serving local families is central to the way we practice law.
We take time to understand how an accident has affected you personally, and we pursue compensation with your individual circumstances and future needs in mind.
Frequently Asked Questions About Smyrna Texting and Driving Accidents
Can I sue someone who caused an accident while texting?
Yes. If another driver’s texting contributed to a collision that caused your injuries, you may have grounds for a personal injury claim. Tennessee law generally prohibits texting while driving, and a violation may support a negligence claim when it causes harm.
Can I recover compensation if the driver deleted the text messages?
Deleted messages do not prevent a successful claim. Relevant phone records, other available information, and the circumstances of the collision may help establish the driver’s conduct. Your attorney can evaluate the available evidence and appropriate legal options.
Is texting at a red light illegal in Tennessee?
Tennessee’s electronic device restrictions apply while a person is operating a motor vehicle, and stopping temporarily at a red light does not remove those restrictions. Drivers should not assume that holding or texting on a phone becomes lawful simply because their vehicle is temporarily stopped in traffic.
Can I sue a company whose driver was using a phone for work?
Yes. A driver may be personally responsible for injuries caused by negligent phone use, and an employer may also face liability when the driver was acting within the scope of employment or when another legally recognized basis for employer liability applies.
How long do I have to file a texting and driving accident lawsuit?
Tennessee has a one-year statute of limitations for personal injury lawsuits under T.C.A. § 28-3-104. Exceptions and special circumstances can affect the applicable deadline, so seeking legal advice promptly is important.
Contact Our Smyrna Texting and Driving Accident Lawyers for a Free Consultation
You shouldn’t have to bear the financial and emotional consequences of another driver’s decision to read or send a message behind the wheel.
At Weir & Kestner Injury Lawyers, we understand how disruptive these accidents can be. Our attorneys combine valuable insurance defense experience with compassionate, personalized representation to help injured people obtain the compensation they need to rebuild their lives.
We’ll listen to your concerns, explain your legal options, and work to secure a settlement or verdict that reflects the full impact of your injuries.
Contact Weir & Kestner Injury Lawyers today to schedule a free consultation with our Smyrna texting and driving accident lawyers. We handle personal injury cases on a contingency fee basis, so you won’t pay an attorney’s fee unless we recover compensation for you.
Let our team take on the insurance company while you focus on healing and moving forward.