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When operating a motor vehicle, drivers have a duty to focus on the road. Engaging in distracting behavior, such as using a phone, especially texting, is irresponsible and can lead to wrecks.
When texting while driving car accidents in Memphis cause significant injuries, our auto collision attorneys may be able to help. Contact Gatti, Keltner, Bienvenu & Montesi right away. We could hold the texting driver accountable and work to ensure you receive fair compensation for your injuries.
A driver who causes an accident is responsible for any losses others suffer as a result. If you can prove the other driver was negligent, they or their insurance company must pay your damages.
Negligence occurs when a lack of reasonable care results in preventable harm to others. Whenever a vehicle operator allows a distraction to affect their ability to drive safely, they are being negligent. Texting while driving is a common form of distraction that is not only negligent but also against the law.
When you work with one of our Memphis attorneys, we could collect evidence proving the driver was texting at the time of the car crash. This might include the driver’s cell phone records, dashcam recordings and other available video, as well as witness statements and the police report.
Each state sets a time limit for filing different types of lawsuits. Tennessee Code Annotated § 28-3-104 allows someone injured in a car accident only one year from the date of the wreck to file a lawsuit. Once the time limit has expired, you cannot seek damages in court, and you have limited leverage in negotiations with insurance companies.
However, when a driver was using a handheld device and their distraction caused the wreck, you might have an additional year to bring a lawsuit. The law sets a two-year statute of limitations when a party’s criminal conduct is responsible for your losses. Tennessee’s Hands-Free Law makes using a hand-held device while driving a misdemeanor, so a conviction may extend the deadline to file.
These are complex legal issues, and you should never assume that the deadline will be extended for your specific case. The wisest and most prudent course is to consult a Memphis lawyer as quickly as possible after a texting while driving car collision.
When you believe the other driver was at fault for the crash, you submit a claim for your damages to their insurance company. The company will likely ask you to give them a recorded statement. You should never do this without first speaking to an accident attorney.
Even though the other driver was texting and therefore negligent, their insurance company may try to assert that you were partially responsible for the automobile crash in Memphis. If they can prove you are partially to blame, they may reduce their liability and deduct an amount equal to your percentage of fault from your compensation. If they can prove you are more than 49 percent responsible, you cannot collect any compensation.
You could preserve your right to compensation, or damages, by working with a legal professional. They could review the accident with you before you speak to the other driver’s insurance company to help you avoid making a statement that could weaken your case. In addition, an experienced attorney could compile and present evidence demonstrating that the texting driver’s inattention is the primary cause of the wreck.
Texting while driving is reckless and illegal. Our firm provides aggressive and effective legal representation to people harmed in texting while driving car accidents in Memphis. Reach out to Gatti, Keltner, Bienvenu & Montesi today to schedule a free consultation to discuss your situation.
(901) 526-2126