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Drivers must avoid using cellphones




“Friends don’t let friends text and drive.” — A wisely worded bumper sticker.

Let this sink in: Tennessee is the most dangerous state for cellphone-related accidents.

The National Safety Council reports that Tennessee drivers have more cellphone-related crash fatalities than drivers in any other state. Vehicle crashes are the single largest cause of death for Tennesseans age 17-34.

Q. Does Tennessee have laws against texting while driving?

Yes. Since 2009, it has been a Class C misdemeanor to send or read texts while driving, punishable by a fine of up to $50.

Q. Are there any tougher Tennessee laws against distracted driving?

Yes. Many law enforcement officers have begun using an older Tennessee law passed in 1955 at TCA section 55-8-136, called the “Due Care Law.” 

Distracted driving can involve more than cellphone use.  The National Highway Traffic Safety Administration identifies three types of distraction:

  • · Visual: taking your eyes off the road;
  • · Manual: taking your hands off the wheel; and
  • · Cognitive: taking your mind off of driving.

Tennessee’s “Due Care Law” prohibits all three types of distracted driving.  This law requires drivers to:

  • · Operate the vehicle at a safe speed;
  • · Maintain a safe lookout;
  • · Keep the vehicle under proper control;
  • · Devote full time and attention to operating the vehicle; and
  • · Act under the circumstances as necessary to protect life and property and avoid colliding with persons, vehicles, or fixed objects.

Penalties include a fine of up to $50 plus full court costs and up to 30 days in jail.

It is a Class B misdemeanor if failure to exercise due care causes serious injury to a pedestrian or bicyclist, and a Class A misdemeanor in the event of death. 

NOTE: Stay off the phone in a school zone! It is now a Class C misdemeanor to use a hand-held cellphone while driving in an active flasher-marked school zone!

Jim Hawkins is a Tennessee general practice and public interest law attorney. This column represents legal information, and is not intended to take the place of legal advice.  All cases are different and need individual attention.  Consult with a private attorney of your choice to review the facts and law specific to your case. To suggest future column topics, call (615) 452-9200.

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