The Laws in Tennessee for Texting and Driving

According to a report by the National Safety Council in 2013, Tennessee experiences the highest rate of fatalities due to cell phone use while driving. A ban on texting and driving came into effect in Tennessee in the year 2010. Due to the increase in road fatalities involving texting and driving motorists, the General Assembly is planning on increasing the penalties for texting and driving in Tennessee.

Distracted Driving Prohibitions

• Texting while driving is prohibited
• Drivers with an intermediate license or learner’s permit are prohibited from handling a cell phone when driving
• School bus drivers are prohibited from operating cell phones when driving passengers
• Installing video monitors in vehicles is not allowed if it is intended to entertain the driver

Statistics on Texting and Driving Related Accidents

Since the law on texting and driving was established in 2010, law enforcement officials in Tennessee have reported 389 citations. In 2013, Tennessee’s highway patrol reported 355 citations related to texting while driving. Police state that enforcing the texting law has been difficult since the defense for those caught in the act is that they are dialing phone numbers and not texting.

Liability

According to driving laws, a driver owes a duty of care to his/her fellow drivers, passengers and pedestrians. When a driver violates this obligation by texting while driving, this violation is referred to as negligence. When a texting driver’s negligence causes an accident, the driver is liable for the damages inflicted on the victim or other drivers. The victim can claim compensation for damages that are directly linked to the accident.

Damages

A court will only award reasonable damages to victims of negligent driving. Reasonable damages include:

• Medical bills: Costs for hospital bills, doctor bills, chiropractic treatment, emergency room costs and physical therapy
• Property damage: Costs for engine repair, compensation for the damaged car’s market value and any personal property that may have been damaged such as clothing, jewelry, computers, e.t.c.
• Miscellaneous expenses: Prescriptions costs, over the counter pills, crutches, bandages, nursing care, rental car costs e.t.c.
• Pain and Suffering: Emotional distress, mental anguish, loss of marital intimacy

Unreasonable damages that a victim will not recover include mental anguish suffered by a family relation, tuition refunds, speculative future earnings, and any damages that are not directly or reasonably associated with the accident.

Evidence

A victim is required to prove the negligence of the driver responsible for their personal injuries. This is referred to as proximate cause. The victim should prove that the driver’s negligence was the direct cause of the accident. Proof that the driver was texting when driving can increase the victim’s chances of success in a personal injury claim.

The following is a list of evidence you can present to strengthen your case:

• Police reports: When police arrive at the scene of any accident, they usually compile a police report after interviewing all the parties involved to get a full account of the incident. A police report can be used as evidence in a text while driving court case.
• State laws: Because it is considered illegal for a driver to text while driving, this is considered as sufficient evidence.
• Witness statements: These statements are important especially if they indicate that the driver was texting or talking on their phone before the accident took place.
• Cell phone records: Cell phone companies are able to determine the time and location where a subscriber was using their phone. In small claims, you can request the court to provide a subpoena to the phone company.
• Medical records: Medical records provide details on your personal injuries. This information serves as proof of direct and proximate cause.