Distracted driving is a particular problem in Tennessee; in fact, distracted driving practices such as texting and talking on cell phones while driving were blamed for over 23,000 crashes in 2015, despite the state’s distracted driving law. Tennessee’s distracted driving law is less restrictive than the laws of most other states.
Distracted Driving Restrictions
Texting while driving is banned for all drivers in Tennessee, with the following exceptions:
- State officers
- Campus police
- Emergency medical technicians
These exceptions apply only to communications undertaken in the line of duty
There are no restrictions on cell phone use by drivers on unrestricted licenses (almost all drivers over 18). All cell phone use is prohibited, however, for drivers on novice licenses (learner’s permits or intermediate licenses) and by school bus drivers. Even hands-free devices are prohibited for these drivers. The Installation of video monitors for entertainment or business purposes is prohibited for all drivers.
Penalties
A texting citation will cost you $50 plus court costs. Court costs were originally limited to $10; however, this limitation has been removed by more recent legislation. Four demerit points will also be added to your driving record. The fine for novice drivers using cell phones is $100 plus a 90-day delay in eligibility to receive the next-stage driver’s license (intermediate or unrestricted, depending on the driver). The penalties on school bus drivers who text or use cell phones while driving on duty are draconian by comparison – these offenders face the loss of their driver’s license, at least 30 days in jail and a $1,000 fine.
In the Event of an Accident
An accident is where the penalties for distracted driving start to get serious, especially if someone was injured or killed and you are sued for the accident. Proof of your violation of this law shifts the burden of proof to you to prove that you were not negligent (in other words, you must prove that your violation of the law was reasonable under the circumstances). If you cannot do this, you will be ruled negligent. If your negligence is shown to have caused the accident, you will bear liability for damages, or at least share liability with some other party who was also at fault.
If you were injured and file a lawsuit, and if you were, say, texting at the time of the accident, the defendant can use your violation of the law to either (i) reduce the amount of damages he must pay you (if you were less than 50 percent at fault) or (ii) eliminate his liability altogether (if you were at least 50 percent at fault).
If your behavior was sufficiently outrageous under the circumstances (speeding through a crosswalk against the light while texting might be enough, for example), you could end up having punitive damages added to whatever you were expected to pay in compensatory damages. You might even be arrested and tried for a felony, especially if someone was seriously injured or killed in the accident.
– Updated through September 1, 2016