Cell phone usage continues to rise dramatically as cell phones have become a fundamental part of our daily activities including making calls, sending texts, surfing the internet, using GPS or other smart phone functions. With expansion in the use and function of cell phones, the use of cell phones while driving now comes close to alcohol as a leading cause of auto accidents. The Tennessee auto accident lawyers of Nahon, Saharovich & Trotz, PLC (NST Law) aggressively pursue compensation on behalf of those who suffer catastrophic injury or death caused by drivers who are distracted by cell phones.
A recent study by the National Safety Council found that 1.6 million accidents annually or 28% of all accidents are caused by cell phone conversations or cell phone texting. The study estimates that 1.4 million crashes are caused by cell phone conversations while another 200,000 are caused by texting while driving. Driver distraction, which is frequently caused by cell phone use, leads to 6000 auto accident fatalities and 500,000 auto accident injuries per year. To put this in context, distracted driving causes 80% of auto accidents whereas drunk driving contributes to only 33% of all auto accidents nationally.
A growing number of states have banned cell phone conversations and/or cell phone texting while driving because of the significantly increased risk of serious auto accidents. Currently, Tennessee auto accident law does not provide much protection from cell phone related car accidents. Tennessee prohibits texting while driving but this ban is largely ineffective because cell phone users may make calls and talk on their cell phone when driving. The law provides little if any protection against injury from Tennessee auto accidents related to cell phone use. Further, the ban on texting presents enforcement issues because it is difficult to determine if a driver was dialing a phone number, checking his cell phone GPS or texting. “You are still allowed to use the phone while you are driving, and you cannot always tell if someone is texting or making a call,” said Tom Spangler Chief Deputy with the Knox County Sheriff’s Office.
While cell phone use has been a significant cause of Tennessee auto accidents for quite some time, car accidents related to texting are on the rise, as texting becomes more popular especially amongst teenagers. Studies have found that texting increases the risk of an auto accident by as much as 23 times. This is not surprising given a United State Department of Transportation (USDOT) report indicating that drivers who text take their eyes off the road for an average of 4.6 seconds. At a speed of 55 miles per hour a vehicle would travel more than the length of a football field in that period of time.
The experienced auto accident lawyers of NST Law understand the important role that cell phone related driver distraction plays in causing serious car accidents that lead to death or catastrophic injury. Because Tennessee law prohibits texting while driving, a driver who violates the ban can receive a citation, which may make it easier to prove that the driver was texting at the time of an auto accident. The attorneys of NST Law may also seek records from a driver’s cell phone company that show that the driver was texting immediately prior to a serious Tennessee auto accident. NST Law attorneys also use expert testimony and data to establish relevant facts such as drivers talking on cell phones are 18% slower to react to brake lights or that it takes 17% longer to regain the speed lost after braking.
The USDOT has also passed a national ban on texting by drivers of commercial vehicles including tractor-trailers. NST Law can assist in seeking compensation from the trucking company or driver stemming from a driver’s failure to comply with the federal ban on texting while driving a commercial vehicle. The evidence that a driver was texting at the time of the accident might also be used to establish that the truck driver was reckless because he or she was ignoring the national ban designed to promote driver safety. Reckless behavior by the other driver can give rise to punitive damages being awarded by the court. If you are involved in a Tennessee auto accident where the other driver was distracted by a cell phone, NST Law attorneys can help you and your family seek compensation for catastrophic injuries or even death.