Are You Liable if You Text/Call Someone Who is Driving? Maybe!
Last year in a case in New Jersey (Kubert v. Best) in which a plaintiff who had been injured by a driver who was distracted by a text message, the Appellate Division of New Jersey Superior Court decided that a person who sends a text to a driver can be liable but only if the texter knew that the recipient was driving and likely to read the text message while driving. So logically, would that case extend to cover phone calls (as opposed to “texts”)?” The Chicago Daily Law Bulletin reported (10/13/2014) that the estate of a woman who died in a car accident has filed a wrongful-death lawsuit against a man who called the cellphone of the driver involved in the accident. The case is named Hope Farney v. Matthew Geerdes, et al.
Farley has alleged that the caller knew the call’s recipient was driving and that it would provide a distraction from the road. The defendant has moved to dismiss the case, arguing the complaint failed to allege a recognizable duty against him and failed to allege the negligent conduct was a proximate cause of the accident.
Over $500 Million
Recovered Since 1993
We've Helped Thousands of People Just Like You
We are known for getting life-changing results and fighting to make our communities safer.
$10.7 Million
Wrongful Death Medical Malpractice
$3.5 Million
Confidential Settlement
Legal Malpractice
Why Choose Us As Your Attorney?
With us on your side, you can focus on what’s most important – your recovery.
Decades Of Experience
Our Nashville personal injury attorneys have over 75 years of combined practice handling cases involving personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, and more.
Excellent Reputation
DRS Law is a well-respected personal injury law firm based in Nashville. Our lawyers have been selected as a Mid-South Super Lawyer, named one of the Top 100 attorneys in Tennessee in all fields of practice, and is included in the Best Lawyers in America guidebook.
Small Case Volume
Unlike many Nashville firms that handle a large volume of cases, we concentrate on a select few cases. With this, our attorneys ensure that every step is taken to obtain the most favorable outcomes for our clients.
We Prepare For Trial
Every case is meticulously prepared for trial by our trial team and support staff in order to maximize the recovery for our client, whether by settlement or trial verdict. Our proven track record of success has resulted in multi-million-dollar settlements and judgments.
What to Expect
Our Legal Services Are Completely Personalized To You And Your Unique Needs
01 Free Consultation
Our dedicated personal injury and accident lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.
02 Personalized Service
If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.
03 You Get Paid
We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.
What Our Clients Say
“The intellect combined with compassion of these people is incredible.”
I am very thankful to David, Lyon, Chris and all professionals who represent this firm. This team made an incredibly difficult situation end successfully. The intellect combined with compassion of these people is incredible. Our concerns were quickly and appropriately responded to, with knowledge and compassion. Law suits are very scary situations, but they never stopped communicating until I felt comfortable with the process. - K. Boland
“They were extremely thorough and caring through the entire experience.”
The DRS team was simply tremendous. They were extremely thorough and caring through the entire experience. I felt cared for the entire time. I will recommend them enthusiastically to anyone who ever needs legal help. - Dick K.
“Very professional and very hard working guys that I would suggest to anyone!”
Chris and the rest of the guys at the firm did an amazing job handling my case and making me feel like I was heard and important. Very professional and very hard working guys that I would suggest to anyone! - T. Sapp.
“They kept me in the loop every step of the way and made me feel like family.”
This is a wonderful law firm. They kept me in the loop every step of the way and made me feel like family. I would highly recommend! - David S.
“There are really no words to adequately describe how thankful we are.”
There are really no words to adequately describe how thankful we are for Lyon and the others at this law firm. The events that led us to reach out to your firm were one the worst times in our lives. My husband’s illness and long recovery were something that we were not sure we would ever come back from. Thanks to the hard work, knowledge and dedication that you guys have put forth on our behalf we have been awarded a settlement that will ensure we have a secure financial future. You guys are the best! - Lorrie H.
“The only attorney that would take our case.”
David Randolph Smith was the only attorney that would take our case. We were up against the US Government and Virginia’s state laws. Mr. Smith’s experience and expertise was the only reason we were able to get a settlement. He always answered our calls and kept us informed. Mr. and Mrs. Smith were very professional and nice. God sent this law firm to help us at a very sorrowful time. We were blessed for such a great law firm. If I ever need a lawyer, this firm would be first on my list. Thank you. — Vicky F.
“The end results gave me the justice and satisfaction I so desperately needed.”
Thru what was an absolute nightmare of an ordeal, I was finally blessed with the very best legal team a man could ever want or desire. I can’t even begin to express my overwhelming gratitude and sincere appreciation to my entire legal team. You are all of the very best at what you do, and the end results gave me the justice and satisfaction I so desperately needed. And it also gave me back my health and independence! On a scale to 1 and 10, I would give you give you a 12! God bless all of you from the bottom of my heart! - Darrell H.
“It made all the difference knowing that we were in competent hands.”
My wife and I couldn’t have had a better experience. The whole team was incredibly responsive, attentive, respectful, & friendly. Lyon took our case and you couldn’t ask for a better guy to have on your side. Not only was he super sharp and resourceful, but also the type of person that makes you feel like an old friend. Since we were seeking legal help for a very awful situation it made all the difference knowing that we were in competent hands the whole time. - Mark D.
“They always set realistic expectations and even surpassed them.”
It was a wonderful experience. Everyone we dealt with was attentive and responsive. They always set realistic expectations and even surpassed them. We are very happy we decided to use Smith and Associates. We highly recommend them. - Whitney G.