Understanding Distracted Driving Laws in Tennessee

According to the Department of Safety & Homeland Security, a distracted driver causes a crash about every 45 minutes in Tennessee. Damage from distracted driving costs the state over $300 million per year, and distracted driving accidents can maim and kill. To combat the threat of distracted driving, the Tennessee legislature has passed laws penalizing people who operate a motor vehicle while distracted. If you violate the distracted driving law in Tennessee, you could face fines, penalties, and even criminal charges. In severe cases, vehicular accident charges may result in several damages, especially if injuries or fatalities are involved.

What Is the Distracted Driving Law in Tennessee?

Tennessee’s distracted driving law is T.C.A. 55-8-199. Also called the hands-free law, T.C.A. 55-8-199 prohibits all drivers from using a handheld mobile device while operating a motor vehicle. This restriction extends to holding, reaching for, and supporting a phone with any part of the body.

The law also prohibits drivers from reading, creating, or sending written messages while driving, including text messages, emails, and instant messages. Lastly, drivers are forbidden from watching or broadcasting video recordings. The hands-free law essentially makes it illegal for drivers to use handheld smartphones for any purpose while operating a motor vehicle, which can cause accidents. This rule does not apply to police and safety officers, EMS responders, and those using a phone to contact the police in an emergency.

Key Rules of Tennessee’s Hands-Free Law

The introductory text of Tennessee’s handheld phone ban is clear, but there are some clarifications. The law applies explicitly to using handheld devices. Drivers over 18 can use hands-free devices such as headphones or voice-activated text functions to make calls and send messages. The law also has a carve-out for using a phone as a GPS device. It is legal to use if the phone is mounted on the dashboard or windshield, and the driver can access map functions with one press/swipe.

The hands-free law applies explicitly when the car is under the driver’s physical control. Drivers can use their handheld cell phones in their cars if they are parked and the engine is turned off. Distracted driving is a primary offense, meaning that law enforcement can pull a driver over without an additional reason if they see them holding and using a phone. The DA’s office can also check phone records to determine whether the driver was texting or making calls when operating the vehicle.

Penalties for Distracted Driving in Tennessee

Violating the hands-free law is a Class C misdemeanor and carries fines and administrative penalties.

Fines

First and second violations of the hands-free law carry a maximum fine of $50, while subsequent offenses carry a $100 fine per violation. In addition, there is an elevated fine of $200 for operating a handheld phone in a construction or school zone.

License Demerit Points

A violation can also add points to your license. Both using a handheld device and texting and driving count for three points. If drivers receive more than 12 points in 12 months, they may be subject to license restrictions. The points from a hands-free driving violation can put you over the threshold for suspension. For minors under the age of 18, violating the hand-free law carries a seven-point penalty.

Driving Education Course

A first-time distracted driving offender can attend a driver education course at the court’s discretion instead of paying fines. An approved organization must offer the course, and it can charge a reasonable fee between $50 and $175.

Can You Go to Jail for Distracted Driving in Tennessee?

Yes, possibly, but it is very unlikely. Class C misdemeanors in Tennessee generally carry a maximum 30-day prison term. However, T.C.A. 55-8-199(c)(1) states that distracted driving violations are subject only to the imposition of a fine. This means people won’t receive jail sentences for distracted driving convictions.

However, jail time may be possible if the behavior was especially egregious. Depending on the driver’s specific conduct, they may receive a charge for reckless driving. For example, if the driver was speeding heavily and swerving while using their phone, it could be reckless driving. Reckless driving is a Class B misdemeanor and can result in up to six months in prison.

If a distracted driver and an unsafe motor vehicle caused an accident and killed someone, they could receive a vehicular homicide charge. Vehicular homicide is a felony, and a conviction can result in several years in prison, depending on the circumstances. Additionally, aggravating factors, such as driving under the influence, can result in harsher criminal penalties for distracted driving.

What Happens If I Get Hurt by a Distracted Driver?

If you have sustained injuries due to a distracted driver, you may be able to recover financial compensation through a personal injury claim. Distracted driving is a form of negligence, and negligent people can be held financially responsible when their actions harm others. Even if the distracted driver wasn’t acting maliciously, Tennessee’s distracted driving law still holds them accountable for any injuries or losses they cause in a crash.

Please read more about some mistakes to avoid personal injury cases here: 10 Mistakes You Should Avoid in Your Personal Injury Case

If you were injured by a distracted driver,  you can recover money for your injury-related losses through a personal injury claim. You could seek money for:

• Emergency medical bills and continuing medical costs
• Lost employment compensation, including hourly pay/salary, bonuses, commissions, etc.
• Diminished lifetime earning capacity due to disability
• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Loss of consortium
• Property damage

Contact a Distracted Driving Injury Claim Attorney in Tennessee

Distracted driving is a public safety issue in Tennessee, but the state is taking proactive steps to curtail the behavior. However, despite the presence of laws, people will still drive while distracted and may cause accidents that injure others. Gatti, Keltner, Bienvenu & Montesi, PLC has decades of experience helping injury victims recover compensation for their losses. We understand how difficult life can be after a serious accident and want to assist. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits.

If a distracted driver has hurt you, we can seek to hold them accountable and pursue justice for the harm they caused you. Contact our offices online or call (901) 526-2126 for a free case consultation with a Tennessee distracted driving injury attorney.