When you are hit by a distracted driver in Maryville, the aftermath can leave your future hanging in the balance. You deserve justice, and The Lawyers of Brown & Roberto can fight for your right to justice.
We have dedicated over five decades to standing beside injury victims like you, combining unmatched legal experience with a proven track record of success. With more than $50 million recovered for clients and a 98% success rate, our firm fights relentlessly for justice. Your path to recovery starts with a single phone call—contact us today to schedule your free consultation with a Maryville personal injury lawyer.
What is Distracted Driving?
Distracted driving occurs when a driver diverts their attention from the primary task of operating a vehicle. The three main types include visual distractions (looking at something other than the road), manual distractions (taking hands off the wheel), and cognitive distractions (thinking about something other than driving).
Common forms of distracted driving include:
- Texting or talking on cell phones
- Eating and drinking
- Adjusting the radio or GPS
- Grooming activities like applying makeup
- Talking to passengers
- Daydreaming
When drivers engage in these behaviors, their reaction times slow dramatically, their ability to maintain proper lane position deteriorates, and their capacity to recognize and respond to hazards becomes severely compromised. All of these factors can heighten the risk of an accident.
Steps to Take After a Distracted Driving Accident in Maryville
If you were injured in an accident caused by a distracted driver, it is important to remain calm and get help as soon as possible. Your immediate priorities should focus on safety, documentation, and seeking appropriate medical care:
- Ensure everyone’s safety by moving to a safe location if possible and calling 911 immediately
- Seek immediate medical attention even if you feel fine, as many injuries do not show any symptoms immediately
- Document the scene by taking photos of vehicle damage, road conditions, traffic signals, and any visible injuries
- Collect information from all drivers involved, including names, contact details, insurance information, and driver’s license numbers
- Identify witnesses and obtain their contact information and brief statements about what they observed
- Look for evidence of distraction, such as cell phones on the ground, GPS devices still active, or food containers in the other vehicle
- Avoid admitting fault or discussing the details of the accident with other parties or insurance representatives
- Keep detailed records of all medical treatments, expenses, missed work days, and how your injuries affect your daily life
- Schedule a consultation with a Maryville distracted driving accident lawyer to discuss your legal options
Tennessee Distracted Driving Laws
Tennessee’s Hands Free Law, formally known as Public Chapter No. 412, took effect on July 1, 2019, as part of the “Hands Free Tennessee” campaign. Under this law, drivers are strictly prohibited from engaging in several specific behaviors while operating a motor vehicle. It is illegal to hold a cellphone or mobile device with any part of your body while driving.
Additionally, drivers cannot write, send, or read any text-based communication, including text messages, emails, or social media posts. The legislation also forbids reaching for a cellphone or mobile device in a manner that requires the driver to leave their seated driving position or become improperly restrained by their seat belt. Furthermore, Tennessee law prohibits watching videos or movies on cellphones or mobile devices while driving, as well as recording or broadcasting video content.
Liability and Negligence in Maryville Distracted Driving Cases
Tennessee operates under a fault-based insurance system, meaning the at-fault driver’s insurance company is responsible for covering damages from an accident. When distracted driving causes an accident, the distracted driver is usually liable for the resulting injuries and property damage.
Drivers are considered negligent when they fail to exercise reasonable care while operating their vehicles. Negligence in Tennessee requires proving four key elements: duty of care, breach of that duty, causation, and damages. Every driver has a legal duty to operate their vehicle safely and follow traffic laws. When a driver chooses to text, talk on the phone, or engage in other distracting activities, they breach this fundamental duty.
Recoverable Damages After a Distracted Driving Accident in Maryville, TN
When a distracted driver causes your accident, Tennessee law allows you to seek compensation for the full range of losses you’ve suffered. These damages are designed to restore you to the position you would have been in had the accident never occurred.
The types of compensation available in distracted driving cases include:
- Medical expenses covering emergency room visits, hospital stays, surgeries, prescription medications, and ongoing rehabilitation
- Lost wages for time missed from work during recovery, including future earning capacity if your injuries prevent you from returning to your previous job
- Property damage to repair or replace your vehicle and any personal belongings damaged in the crash
- Pain and suffering damages for physical discomfort, emotional distress, and reduced quality of life
How a Maryville Distracted Driving Accident Attorney Can Help You Recover Compensation
The Lawyers of Brown & Roberto bring decades of experience to your distracted driving case. Our firm will work with accident reconstruction specialists, medical professionals, and more to build an ironclad case against the distracted driver. We obtain evidence like cell phone records, surveillance footage, and witness statements to prove that the distraction caused your collision.
Our attorneys handle all communications with insurance companies, protecting you from tactics designed to minimize your claim’s value. Throughout the process, we keep you informed while managing every legal detail, from filing court documents to negotiating settlements. When insurance companies refuse to offer fair compensation, we’re prepared to take your case to trial.
How Much Time Do I Have to File a Claim After a Distracted Driving Accident in Tennessee?
Tennessee’s statute of limitations generally gives you one year from the date of your accident to file a personal injury lawsuit against the distracted driver. This deadline is strictly enforced, and missing it typically means losing your right to seek compensation forever. Because of this very short timeframe, it is essential to consult with a Maryville distracted driving lawyer as soon as possible.
Contact a Distracted Driving Accident Attorney in Maryville
Texting, phone calls, or other distractions caused another driver to crash into your life, leaving you with injuries that may never fully heal. Distracted drivers must face consequences for their dangerous choices, and The Lawyers of Brown & Roberto will pursue aggressive legal action to hold them accountable.
Contact us at (865) 691-2777 to begin fighting for the compensation you need to rebuild your life.