Distracted Driving Lawyers in Tennessee

Nashville Distracted Driving Accident Lawyers

Representing victims of texting and distracted driving accidents in Nashville

We’ve all seen the “distracted driver” in action while we’re driving. If the polls are to be believed, a third of us have been the distracted driver at some point or another. At Rocky McElhaney Law Firm in Nashville, we’ve seen first-hand the devastation that can occur when you’re injured by a distracted driver. That’s why our team of accident attorneys takes pride in holding distracted and negligent drivers accountable for their actions.

When you’re injured by a distracted driver, you want an accident lawyer who fights aggressively on your behalf. Let us handle the fight so you can focus on getting well. Our seasoned Nashville personal injury lawyers work with investigators, speak with the police, demand to examine cellphone records, and question the driver of the car that struck you and all other witnesses. We have an impressive record of strong settlements and jury verdicts.

"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."

~ Rocky

What constitutes distracted driving?

The truth is anything that keeps a person from focusing on driving counts as a distraction. The more common causes include:

  • Talking on a cell phone, with or without a headset or Bluetooth
  • Using a CB radio
  • Listening to music while using earbuds or headphones
  • Reading a book, newspaper, tablet, smartphone, or map while operating the car
  • Eating or drinking
  • Taking care of a pet
  • Putting on makeup or shaving
  • Looking at a GPS instead of listening to it

Distracted driving involves anything that affects a driver’s ability to control their vehicle in the following ways:

  • Visual distraction. Drivers who are looking at any object or person are not looking at the traffic in front of them and around them.
  • Manual distraction. Drivers who are using smartphones, the Internet, eating, or doing anything with one or both hands – do not have both hands on the steering wheel.
  • Mental distraction. Drivers who are focused on their smartphones or other activities are not focused on responding to emergencies.

Any time you divide your attention between driving and performing another activity, you’re at risk of a car crash.

What types of injuries do distracted drivers cause in Nashville?

At Rocky McElhaney Law Firm, we fight for justice and for compensation for clients who have:

When these accidents are fatal, we file wrongful death lawsuits on behalf of our clients whose loved ones paid the ultimate price.

A car crash can cause untold amounts of physical, emotional, and psychological damage. We know how stressful it is when you’re worried about paying medical bills or losing your job because of your injuries. We are tenacious litigators who stand up to insurance companies that don’t want to pay you the money you need to recover. We work with field experts, medical professionals, and law enforcement to build the strongest case possible against the negligent driver who caused your pain and suffering. At Rocky McElhaney Law Firm, we never stop fighting for you.

Who is responsible for a distracted driving accident in Nashville?

Our Nashville distracted driving lawyers file claims against all responsible defendants. These defendants may include:

  • The driver of the vehicle
  • The owner of the vehicle, if different than the driver (for example, parents who own a car driven by a distracted teenager)
  • An employer of the driver
  • A trucking company that hired or used a truck driver who drove while distracted

Other defendants may also be liable depending on how the accident occurred.


What are the Tennessee laws on distracted driving?

Tennessee has banned:

  • Texting (writing, reading, or sending a text message) while driving for all drivers (no matter the driver’s age or the type of license). Texting may be permissible if the car is stopped.
  • Talking with handheld cell phones while driving. This is  an attempt to lower the amount of car and truck accidents related to distracted driving. Many drivers still break those laws every day. When they do, they increase your chance of being seriously injured because of their negligence.
  • Watching a video or movie while driving.
  • Other specific acts that prevent a driver from having full control of his/her vehicle.

Violators can be charged with a class C misdemeanor.

There is no requirement that a distracted driver be charged with an offense. However, our Nashville distracted driving lawyers can introduce evidence that a driver was distracted even if the driver was never charged.

How dangerous is distracted driving in Nashville?

According to the Tennessee Department of Safety and Homeland Security, a crash involving a distracted driver occurs in Tennessee once every 23 minutes and 43 seconds. Nearly 40 percent of distracted drivers are aged 20-34.  Nearly 21 percent of distracted drivers are aged 35-49. One in 15 drivers involved in a vehicle accident in Tennessee was distracted.

According to the Centers for Disease Control and Prevention (CDC), in America in 2019, 3,100 people were killed and about 424,000 were injured in accidents that involved a distracted driver. About 20 percent of the people who died were not in a vehicle – they were pedestrians, on a bicycle, or otherwise outside the vehicle.

The 2019 data showed that nationwide, the percentage of distracted drivers was higher for the 15-20 age group than for drivers 21 and older. Nine percent of drivers 15-20 were distracted when a crash occurred.

Per the CDC, a 2019 survey of high school students in the US found that:

  • 39% of high school students who drove in the 30 days before the survey admitted they had texted or emailed while driving on at least one occasion.
  • The A and B students texted or emailed as much as the students with lower grades
  • Students who texted or emailed while driving were more likely to skip using a seatbelt, ride with a driver who had been drinking, and consume alcohol.

The CDC recommends that drivers avoid multitasking. Drivers should plan ahead so they are not distracted while driving. Passengers should speak up if a driver is distracted and help with the navigation of the vehicle. Parents should speak with their teens or young adults about the dangers of distracted driving.

Do you have a distracted driver attorney near me?

Rocky McElhaney Law Firm meets with clients at our main office in East Nashville, located at 615 Main St., B21. We also have another Nashville office at 545 Mainstream Dr., #105, and additional offices in:

  • Hendersonville: 475 Saundersville Rd.
  • Clarksville: 2197 Madison Street, Suite 103

Our lawyers meet clients at their homes, a hospital, or other locations when necessary. All initial consultations are free. We handle every distracted driver claim on a contingency fee basis.

Injured by a distracted driver? Put our experienced Nashville accident lawyers to work for you

The Nashville-based Rocky McElhaney Law Firm protects the rights and the futures of people just like you, who were injured by distracted drivers. We won’t stop fighting until we know your future is secure. To schedule a free initial consultation at Nashville’s premier personal injury firm, please call 615-425-2500 or fill out our contact form. We help people throughout Tennessee, including injury victims in Nashville, Hendersonville, Murfreesboro and Clarksville.