What is Considered Distracted Driving in TN?

As technology continues to explode, people are expected to be available at all times. Between phone calls, emails, and text messages, there always seems to be something to answer or somewhere to be. Unfortunately, this has greatly impacted how people behave while behind the wheel of a car. In fact, distracted driving has become a very prevalent – and very dangerous – practice of far too many drivers. This is especially true of drivers in Tennessee, who, according to a recent study have the highest rate of distracted driving fatalities of any state.

According to Tennessee ‘s Public Chapter No. 412, distracted driving includes any “activities that divert the driver’s attention away from the road.” According to the Tennessee Traffic Safety Office, there are three types of distracted driving: manual, visual, and cognitive. Put simply, distracted driving includes anything that takes your hands off of the wheel, your eyes off of the road, or your mind off of what you are doing.

Texting is considered the most dangerous form of distracted driving because it requires all three types of distracted driving. It doesn’t matter how much time it takes to send (or read) a text. Even just sending a two-second text can end up causing severe injuries or even deaths if you should crash.

While phone use is extremely distracting and common, it’s not the only type of distraction that many drivers engaged in while driving. As mentioned, distracted driving is anything that diverts your attention. This may include things such as:

● Changing the radio

● Adjusting the volume of your stereo

● Setting your GPS

● Looking at your GPS to follow directions

● Putting on makeup

● Brushing your hair

● Eating

● Adjusting the heat/air conditioning/temperature

● Talking to passengers

Even something as simple as blowing your nose could be considered distracted driving. However, most instances of distracted driving aren’t illegal. And yet they are still very dangerous.

At present Tennessee’s lawmakers are most concerned with preventing distracted driving accidents that occur due to phone use such as talking, texting, or answering emails on the phone. This also includes checking phone apps – anything with a handheld device.

Tennessee’s Distracted Driving Law

In an effort to reduce accidents associated with handheld devices and distracted driving, Tennessee passed a law in 2019 called the “Hands Free Law.” Per the law, it is illegal for a driver to:

(a) hold a cell phone or mobile device with any part of their body,

(b) write, send, or read any text-based communication,

(c) reach for a cell phone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt,

(d) watch a video or movie on a cell phone or mobile device, and

(e) record or broadcast video on a cell phone or mobile device.

It’s important to note that Tennessee considers texting while driving to be a primary offense. This means that law enforcement officers can pull you over purely for the fact that they see you texting behind the wheel. Additionally, if distracted driving is a suspected factor following a crash resulting in serious bodily injury or death, the Department of Safety and Homeland Security has given the Distract Attorney’s Office the authority to check phone records.

While you can’t always prevent accidents on the road, you can prevent distracted driving – so long as you understand what you can do. According to the National Highway Traffic Safety Association (NHTSA), there are several things that you can do. Here are just a few tips:

Tips from the NHTSA for Preventing Distracted Driving

1. If you need to send or read a text you should pull your car over to a parking lot or other safe location before doing so.

2. If you need to answer the phone or send a message, have your passenger do it for you. You can tell them what you want to say so that you don’t have to even touch your phone.

3. Refrain from looking at social media (or any apps for that matter) while you are driving. It can be difficult for a lot of people to go any period of time without using their cell phones. If you feel that you are such a person the best thing would be to place your cell phone in a place where it can’t be reached while you are driving. This could be the glove box, back seat, or trunk of your vehicle.

The saddest aspect of injuries and fatalities that result from distracted driving is that they could have been entirely prevented. While it may only take a second to check your phone or divert your attention in another manner, your actions can have much longer lasting – or permanent – consequences if you seriously injure or kill someone. Ultimately, it’s not worth it; it can wait.

If you or a loved one has been injured or killed in a crash caused by a distracted driver, it can impact your entire life. While nothing can undo what’s been done, a qualified Tennessee personal injury attorney can help you fight for financial compensation to help you move forward.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.