Distracted Driving Accidents in Murfreesboro: Your Legal Rights
By: Gritton & Gritton Law, PLLC
Distracted Driving Accidents in Murfreesboro: Your Legal Rights
Distracted driving is a leading cause of serious crashes in Murfreesboro and across Tennessee. If another driver was texting, using a handheld phone, or otherwise distracted when a crash occurred, Tennessee law may allow injured victims to pursue compensation. However, these cases involve specific statutes, comparative fault rules, and a strict one-year filing deadline that can significantly affect the outcome.
Tennessee’s Hands-Free Law: What Drivers Are Prohibited From Doing
Tennessee took a clear legislative stance on distracted driving through its Hands-Free Law, codified at Tenn. Code Ann. Section 55-8-199 (Public Chapter No. 412, effective July 1, 2019). Under this statute, it is unlawful for any driver on a public road or highway to:
- Hold or physically support a cellphone or mobile device with any part of their body
- Write, send, or read any text-based communication, including texts, emails, or instant messages
- Reach for a device in a manner that requires the driver to leave their seated position or be unrestrained by a seat belt
- Watch or record video on a cellphone while driving
Hands-free operation, including Bluetooth devices, dashboard mounts, and voice commands, is permitted. Single-touch or single-swipe interactions are also allowed when the device is properly mounted. Violations are classified as a Class C misdemeanor, with fines starting at $50 for first offenses and reaching $200 for violations in school or construction zones. A conviction also adds three demerit points to the driver’s record.
According to the NHTSA, distracted driving includes any activity, visual, manual, or cognitive, that takes a driver’s attention away from operating a vehicle. This definition extends well beyond phone use to include eating, adjusting controls, and other in-vehicle distractions.
How a Violation of the Hands-Free Law Affects Liability
Most distracted driving cases are grounded in negligence. Every driver has a legal duty to operate their vehicle safely. When a driver violates that duty by engaging in prohibited behavior, such as using a handheld phone, that breach can form the basis of a civil claim.
Tennessee courts have recognized that violations of safety statutes can support negligence claims when those violations contribute to a crash. A violation of Tenn. Code Ann. Section 55-8-199 does not automatically establish liability, but it is a significant factor when the distracted behavior is directly connected to the collision and the resulting harm.
Proving distraction typically requires building a case from multiple sources of evidence, including police crash reports, witness statements, driver admissions, traffic or dashcam footage, and phone activity records when they can be obtained through formal legal process. The stronger the documented connection between the distraction and the crash, the clearer the liability picture becomes.
Tennessee’s Modified Comparative Fault Rule
One of the most consequential legal rules for any injury claim in Tennessee is the state’s modified comparative fault system, established by the Tennessee Supreme Court in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) and codified at Tenn. Code Ann. Section 29-11-103. Under this system:
- An injured person can recover damages only if their own fault is
- Any compensation awarded is reduced by the injured person’s percentage of fault
- If the injured person is found to be 50% or more at fault, recovery is completely barred
In distracted driving cases, insurance companies frequently attempt to shift partial blame onto injured parties by arguing that they were speeding, not paying attention, or failed to take evasive action in time. This is why the facts, evidence quality, and how fault is argued can be just as important as the underlying crash itself.
The One-Year Deadline to File a Claim
Tennessee has one of the shortest personal injury statutes of limitations in the country. Under Tenn. Code Ann. Section 28-3-104, most personal injury claims, including car accident cases, must be filed within one year from the date of the accident. Missing this deadline means losing the right to bring a claim, regardless of the strength of the underlying facts.
In distracted driving cases, early action also serves another important purpose: preserving time-sensitive evidence. Witness recollections fade, dashcam footage may be overwritten, and phone records can become harder to access as time passes. Starting the process promptly helps protect the evidentiary foundation of the claim.
What Compensation May Be Available
When a distracted driver causes a crash, injured individuals may pursue compensation for a range of documented losses, including medical expenses (both past and future), lost income and reduced earning capacity, property damage, pain and suffering, and loss of enjoyment of life.
Tennessee law places specific limits on certain types of damages. Under Tenn. Code Ann. Section 29-39-102, noneconomic damages such as pain and suffering are generally capped at $750,000 per injured plaintiff in most personal injury cases. An increased cap of $1,000,000 applies in catastrophic injury situations, including spinal cord injuries resulting in paraplegia or quadriplegia, amputations of limbs, and severe burns. Importantly, there is no cap on economic damages such as medical bills and lost wages. These caps do not apply if the defendant acted with specific intent to injure, was impaired at the time of the crash, or destroyed or concealed evidence to evade liability.
Common Challenges in Distracted Driving Cases
Distracted driving claims involve unique obstacles not always present in other accident types. Unlike drunk driving, where testing at the scene can document impairment, there is typically no immediate physical proof that a driver was distracted. Drivers rarely admit to using their phone, and reconstructing what happened requires careful investigation.
Phone records can provide useful evidence but are not always easy to obtain. They often require formal legal processes such as subpoenas and may not pinpoint what a driver was doing at the precise moment of impact. Insurance companies may also challenge injury severity, dispute fault allocation, or suggest that the injured party shares responsibility, all strategies designed to reduce the amount paid.
Key Steps to Take After a Distracted Driving Crash in Murfreesboro
- Seek medical attention immediately, even if injuries seem minor at the scene
- Call law enforcement and obtain a copy of the official police report
- Photograph the vehicles, crash scene, and any visible injuries
- Gather names and contact details of witnesses before leaving the scene
- Avoid discussing fault or making statements about the crash to anyone other than your attorney
- Preserve records of all medical treatment, expenses, and lost work time
Tennessee crash reports can generally be obtained through state or local agencies within a few days of the incident and can help establish an early factual record of what occurred.
Talk to a Murfreesboro Distracted Driving Accident Lawyer
Distracted driving accident claims require careful investigation and a clear understanding of Tennessee-specific laws. Law Office of Gritton and Gritton, PLLC is here to help. Reach out through the contact page or call (615) 285-5472 to discuss your situation.