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Tennessee Texting and Driving Accident Lawyers

 

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Tennessee Texting and Driving Accident Lawyers

Dedicated Tennessee texting and driving accident attorneys fighting for victims of distracted drivers. If you’ve been injured by someone texting behind the wheel, The Higgins Firm will help you secure the compensation you deserve.

Texting Drivers Cause Devastating Accidents Every Day

You were driving safely, obeying the rules of the road. Then without warning, another driver swerved into your lane, ran a stop sign, or rear-ended you at high speed.

The cause? They were looking at their phone instead of the road.

In that split second, your life changed. Now you’re dealing with serious injuries, mounting medical bills, time away from work, and a painful recovery—all because someone couldn’t wait to send a text message.

This shouldn’t have happened to you.

Texting while driving is one of the most dangerous forms of distracted driving, increasing crash risk by 23 times. Despite being illegal in Tennessee, thousands of drivers continue this reckless behavior every day, putting everyone on the road at risk.

At The Higgins Firm, our Tennessee texting and driving accident lawyers have seen the devastating impact these preventable crashes have on victims and their families. We’re committed to holding distracted drivers accountable and securing the full compensation our clients deserve.

Tennessee’s Texting and Driving Laws

Tennessee has strict laws against texting while driving. Under Tennessee Code § 55-8-199:

  • It is illegal for any driver to use a hand-held mobile device to write, send, or read any text-based communication while the vehicle is in motion
  • The prohibition includes text messages, email, and internet data
  • Violations are a Class C misdemeanor punishable by a fine of up to $50
  • Violations in work or school zones result in higher penalties

Additionally, Tennessee’s “Hands Free Law” (Tennessee Code § 55-8-199) prohibits drivers from:

  • Holding a cellphone or mobile device with any part of their body
  • Writing, sending, or reading any text-based communication
  • Reaching for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position
  • Watching videos or movies on a mobile device
  • Recording or broadcasting video on a mobile device

When drivers violate these laws and cause accidents, they can be held liable not only for the traffic violation but also for the injuries and damages they cause through their negligence.

Why Texting While Driving Is So Dangerous

Texting while driving combines all three types of distraction:

  • Visual distraction: Looking at your phone instead of the road
  • Manual distraction: Taking your hands off the wheel to type
  • Cognitive distraction: Focusing your mind on the message rather than driving

According to the National Highway Traffic Safety Administration, texting takes a driver’s eyes off the road for an average of 4.6 seconds. At 55 mph, that’s equivalent to driving the length of a football field blindfolded.

The results can be catastrophic:

  • Failure to maintain lane position
  • Inability to react to traffic signals
  • Delayed response to emergency situations
  • Dramatically reduced stopping distance
  • Erratic speed control

Common Injuries in Texting and Driving Accidents

Because texting drivers often fail to brake before impact, these crashes frequently occur at full speed, causing severe injuries such as:

Traumatic Brain Injuries

From mild concussions to severe TBIs that can cause permanent cognitive impairment, memory loss, and personality changes.

Spinal Cord Injuries

Including herniated discs, fractured vertebrae, and in the most severe cases, partial or complete paralysis.

Broken Bones

Particularly in the arms, legs, ribs, and facial bones, often requiring surgery and extensive rehabilitation.

Internal Injuries

Damage to organs, including the liver, spleen, kidneys, and lungs, which may cause life-threatening internal bleeding.

Whiplash and Neck Injuries

Soft tissue damage from the violent forward and backward motion of the head during impact.

Psychological Trauma

Including anxiety, depression, post-traumatic stress disorder, and driving phobias following the accident.

Proving the Driver Was Texting

Establishing that the other driver was texting at the time of the accident is crucial to your case. Our Tennessee texting and driving accident attorneys know how to obtain and preserve evidence, including:

  • Cell phone records: Timestamps of texts, calls, and data usage that coincide with the accident
  • Witness statements: Accounts from people who saw the driver using their phone
  • Police reports: Officer observations and admissions from the driver
  • Surveillance footage: Traffic or security cameras that captured the driver’s behavior
  • Vehicle data: Evidence of no braking before impact, suggesting distraction
  • Social media activity: Posts or updates made around the time of the crash

We work quickly to preserve this critical evidence before it disappears. Cell phone records, in particular, must be requested promptly to prevent deletion.

Compensation Available for Texting and Driving Accident Victims

If you’ve been injured by a driver who was texting, you may be entitled to compensation for the following types of damages:

Economic Damages

  • Past and future medical expenses
  • Lost wages and diminished earning capacity
  • Property damage
  • Rehabilitation costs
  • Home modifications for injuries
  • Transportation and household assistance

Non-Economic Damages

  • Physical pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Loss of consortium (impact on marital relationship)

Punitive Damages

In cases where the driver’s conduct was particularly reckless, punitive damages may be available. Texting while driving—a known dangerous activity that is also illegal—may qualify for punitive damages in some cases.

Tennessee follows a modified comparative fault system established in McIntyre v. Balentine (833 S.W.2d 52). You can recover compensation as long as you were less than 50% responsible for the accident, but your award will be reduced by your percentage of fault.

How The Higgins Firm Builds Your Texting and Driving Accident Case

When you choose our Tennessee texting and driving accident attorneys, we:

Investigate Thoroughly

  • Secure phone records proving the driver was texting
  • Interview witnesses who saw the driver using their phone
  • Analyze accident scene evidence and police reports
  • Work with accident reconstruction experts when needed
  • Obtain any available surveillance or dashcam footage

Document Your Damages Completely

  • Compile all medical records and bills
  • Calculate current and future lost income
  • Consult with medical experts about your prognosis and future needs
  • Document how your injuries affect daily activities

Build a Compelling Case

  • Demonstrate the driver’s negligence through their texting while driving
  • Establish the direct connection between their negligence and your injuries
  • Present the full scope of your damages and long-term impact
  • Counter insurance company attempts to minimize your claim

Our goal is to secure the maximum compensation possible while allowing you to focus on your recovery.

Time Limits for Filing Texting and Driving Accident Claims

Tennessee has a strict one-year statute of limitations for personal injury claims under Tennessee Code § 28-3-104. This means you must file your lawsuit within one year of the accident date, or you may lose your right to compensation permanently.

This is one of the shortest filing deadlines in the country, making it essential to contact a qualified attorney as soon as possible after your accident.

Additionally, evidence critical to proving the driver was texting—such as cell phone records and witness memories—can disappear quickly. The sooner you contact us, the more effectively we can preserve this crucial evidence.

How Tennessee’s Comparative Fault Laws Affect Your Case

Insurance companies for texting drivers often try to shift blame to the victim, claiming you were partially responsible for the accident. They do this to reduce their financial liability under Tennessee’s comparative fault rules.

Our attorneys are familiar with these tactics and know how to counter them effectively. We’ll gather evidence to show that the texting driver’s negligence was the primary cause of the crash, maximizing your potential recovery.

Local Tennessee Texting and Driving Accident Attorneys

The Higgins Firm has offices throughout Tennessee, including Nashville, Chattanooga, Memphis, and Knoxville. Our attorneys are familiar with local courts, judges, and insurance company tactics in each region.

We combine the resources and experience of a large firm with the personalized attention of a small practice. You’ll work directly with attorneys who know your case inside and out, and we’re always available to answer your questions and address your concerns.

Take Action After a Texting and Driving Accident

If you’ve been injured by a driver who was texting, don’t face this challenging time alone. The Higgins Firm’s experienced Tennessee texting and driving accident lawyers will fight for the justice and compensation you deserve.

We offer free consultations to discuss your case and explain your options. Our firm works on a contingency fee basis, meaning you pay nothing unless we win compensation for you.

Call The Higgins Firm today or complete our online form to schedule your free case evaluation with our dedicated texting and driving accident attorneys.

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