Driving is already dangerous, but when people drive while distracted, it just adds to the danger. It is never a good idea to look at your phone while traveling mere feet from other cars traveling 70 miles per hour. Unfortunately, this is often the reality as people drive while distracted every day.
If you are injured by a motorist who failed to pay due care and attention to their driving, you need a South Memphis personal injury lawyer on your side who will fight to get you the compensation that you deserve. When you are injured in a distracted driving accident, contact Gatti, Keltner, Bienvenu & Montesi for a free consultation and case review.
Causes of Distracted Driving Accidents
According to the Centers for Disease Control and Prevention (CDC), there are three main types of distractions that drivers face. These three types of distractions are visual distractions, manual distractions, and cognitive distractions.
A visual distraction forces a driver to remove their eyes from the road. This can be the most dangerous type of distraction, especially at high speed. For example, if you are traveling at 55 miles per hour, in the time that it takes you to read a text message, your car will travel about the length of a football field.
Some common types of visual distractions are texting, changing the radio station, or looking at something that a passenger tries to show you.
A manual distraction forces a driver to remove their hands from the steering wheel. This is also a dangerous type of distraction, as it can be quite difficult to get your hands back onto the wheel in time to control your car if a fast-developing accident occurs right in front of you.
Common types of manual distractions can be eating, looking for something between the seats, engaging in personal grooming tasks, or simply doing something else with your hands.
A cognitive distraction forces a driver to not think about driving. This can cause a driver to simply overlook danger in front of them. Even though a driver might be looking at the road, if they are highly distracted, they might simply be going through the motions and would be totally ineffective in avoiding an accident.
Common types of cognitive distractions are driving while tired, thinking about work or other life stressors, or carrying on conversations with someone in the passenger’s seat.
Whatever type of distraction a driver experiences, becoming distracted while driving is still negligence. If you are injured by a driver who was not paying attention, a distracted driving accident lawyer in South Memphis may be able to get you financial compensation.
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Distracted Driving Statistics
According to the CDC, an average of around 3,000 people die in the United States every year because of distracted driving accidents. Even worse, one in five people who die in distracted driving accidents is not even in cars when the accidents happen. Instead, they are walking, riding a bike, or otherwise not in a car.
Young drivers, aged 15-20, are the most likely group to cause distracted driving accidents. This is because about 40% of drivers in this age group report texting while driving, by far the highest of any age group.
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Tennessee Law Protects You From Distracted Driving
Under Tennessee Law, some provisions prohibit behaviors that are likely to cause distracted driving accidents. While these laws will not stop all distracted driving accidents, they do make it easier for you to get legal compensation against those who injure you. In the State of Tennessee, under the state’s “Hands-Free” Law, it is illegal to:
- Hold a cell phone or any other device
- Write, send, or read any text message or email
- Reach for a cell phone or other device in a way that causes the driver to have to sit up out of their seat or remove their seatbelt
- Watch a video or movie on a cellphone or a mobile device
- Record a video on a cellphone or other mobile device
Negligence Per Se
The “Hands-Free” Law makes it far easier to recover money damages against a person who was driving distracted due to their cell phone. This is because of the legal doctrine of negligence per se. Typically, when you bring a lawsuit against someone due to negligence, you have to prove that their actions were negligent.
However, under negligence per se, the law assumes that a person’s actions were negligent. Negligence per se applies when someone violates the law. Therefore, if you are in an accident with a distracted driver, and that driver was holding their cell phone during the accident, you may be able to recover under the theory of negligence per se.
Whatever the facts of your case are, the law of negligence can be complex. You need the assistance of a skilled and professional distracted driving accident attorney in South Memphis to advise you on your best course of action.
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How a South Memphis Distracted Driving Accident Lawyer Can Help You
The law is extremely complicated. No person can possibly be expected to understand all of it. This is why there are lawyers who dedicate their entire careers to understanding most of a certain legal specialty. Your South Memphis distracting driving accident attorney can put their years of experience to work for you to build the strongest case possible.
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Contact a South Memphis Distracted Driving Accident Attorney Today
If you have been injured in a crash involving a distracted motorist, you deserve a highly skilled South Memphis distracted driving accident attorney on your side. With more than 40 years of experience helping injured people just like you, Gatti, Keltner, Bienvenu & Montesi is a highly qualified group of distracted driving accident lawyers in South Memphis who will give you the help that you deserve.
When you have been injured in a distracted driving accident in the South Memphis area, contact our firm today for a free consultation and case review.