If you drive in the Knoxville area, you already know that distracted drivers represent a major safety hazard. Although our state has a law that prohibits “texting” (sending or receiving electronic messages via a cellphone or similar devices), that law is so weak and so irregularly enforced that Tennessee has been deemed ineligible for some types of federal highway grants!
Tennessee law prohibits all texting while driving. This means that you cannot read, type or send an electronic message of any type while you are driving on a Tennessee highway or city street. The law also bans the use of touchpads and laptops by the driver if those devices are being used in a manner that would be identical to texting (e.g. reading or sending a message via e-mail or through a social media website). The state also specifically bans any texting by:
Unlike many states that border on Tennessee, our state does not restrict the use of a cellphone (hand-held or hands-free) by a driver over the age of 18 who has an unrestricted driver’s license. However, drivers with a learner’s or intermediate license cannot use a cellphone for any purpose while driving.
Punishments for violations of Tennessee’s anti-texting law are set by state law, a law which many traffic safety agencies consider to be among the most lenient in the nation, are:
Perhaps the only positive factor in Tennessee’s distracted driver/anti-texting law is that it is classified as a primary law for enforcement purposes. This means that if a law enforcement officer observes a driver who is texting while driving, that officer may stop the offending driver and issue a citation without having to observe another traffic law violation (e.g. speeding or improper traffic lane change).
Depending on whose statistics you read, it is estimated that as many as 40% of Tennessee traffic accidents involve a distracted driver and that many such drivers are under the age of 30. Therefore, if you are struck by another vehicle, there is a relatively good probability that driver distraction could be the cause of that accident.
If you are involved in an accident and you suspect that the other driver may have been distracted, you should inform the investigating police officer of your concerns. Depending on the seriousness of the accident, particularly if there are injuries requiring transport to a hospital for treatment, the investigating officer may hold any electronic device found in the vehicle as evidence although he or she is not required to do so.
As a personal injury law firm, we can investigate your accident to determine if texting was indeed a factor. If so, your case will be stronger because texting may be considered as proof of deliberate negligence on the part of the offending driver. As always, only a consultation with a personal injury attorney can provide you with information regarding any legal options that may be available to you following an accident.
After spending his secondary years of study at The McCallie School in Chattanooga, G Turner Howard III earned his BA at Tulane University. A member of the Tennessee Trial Lawyers Association, he received his law degree from the University of Tennessee College of Law. Before becoming an attorney, he earned a Master’s and Doctor of Divinity at Andrews Theological Seminary and Columbia Theological Seminary. He also served as a 1st Lieutenant in the US Army in Vietnam. With more than 20 years of experience, his firm has helped clients receive millions of dollars for personal injury, and in many cases, much faster than they ever expected.
