Cell phone use is a leading cause of car accidents. Drivers are easily distracted as they hold a phone to either type out a text or talk with someone on the other end. To reduce the risk of an accident, Tennessee has passed a “hands free” law.
The Tennessee hands free law makes it illegal to use a hand-held device in most cases while driving. However, there are many exceptions, and cell phones are still distracting even if a motorist is not holding the device. Call Dennis & Winningham today if you were injured in a distracted driving accident. A Chattanooga car accident lawyer can discuss your legal options, including whether to sue the distracted driver for compensation.
Is Tennessee a Hands Free State?
Yes. The legislature adopted the Tennessee hands free law in 2019. You can find the statute at Tennessee Code § 55-8-199.
Under the law, a person who is operating a motor vehicle on the road cannot:
- Hold or support a cell phone with their body.
- Read, type, or send any text message, email, or other written message.
- Reach too far for a cell phone so that they must unbuckle or leave their seat.
- Watch a video or move on a wireless device.
- Record or broadcast video.
The hands free law has many exceptions to the general rules. For example, a person may use an earpiece or headphones to conduct voice-based communication while driving. Or they can use a cell phone, so long as they only need to push one button to turn it on or turn off the call.
The law also makes many exceptions for emergency personnel, such as firefighters and emergency medical techs. Even ordinary people are privileged to use a cell phone if they are reporting a bona fide emergency or if their life is threatened.
Furthermore, a driver can use a stand-alone device mounted on the dashboard to make a call. That has given birth to the name “hands free” law, since a person is not holding the phone with their hand as they are talking on it.
Penalties for Violating the Tennessee Hands Free Law
Any violation is a class C misdemeanor, which means a maximum $50 fine. Subsequent violations will result in greater fines.
However, the biggest consequence of violating the law is being found negligent if the driver causes an accident. Negligence is the failure to use reasonable care under the circumstances, and when a person violates a safety regulation, they can be found negligent “per se.” That means the victim doesn’t need to show any other facts. Your violation of the safety law is enough.
Suppose you are driving down the road, using a handheld device to make a phone call. You crash into another driver who is stopped at a red light. Based on your violation of the law, you can be liable for the accident.
The same is true if another driver hits your car while they are breaking the Tennessee hands free law. They will be negligent. Let our office know if you suspect another driver was using their phone illegally in the moments before an accident. We can certainly investigate. At Dennis & Winningham, we find as much evidence as possible to build a case for our injured clients.
We might ask to see the driver’s cell phone records to uncover when the phone was in use. That would be strong evidence of negligence.
The Hands Free Law Does Not Go Far Enough
The legislature had the best of intentions when adopting the hands-free law. But in our opinion, they did not go far enough. The reality is that many drivers are distracted even if they are not holding a phone.
The hands-free law removes only one type of distraction: manual distraction. A motorist no longer needs to remove a hand from the steering wheel.
Nonetheless, other distractions remain. For example, a motorist can remain cognitively distracted. That means they are replaying a conversation in their mind, over and over, even if they are looking at the road.
How many times have you been lost in thought and not “seen” something happen right in front of you? Cell phones cause that type of mental distraction, even if you use a “hands free” device.
Hurt in an Accident? Call Our Office Today
Distracted driving is a major safety threat in Tennessee, and the cell phone law does not change that fact. If you were injured in a crash, please reach out to Dennis & Winningham. A Chattanooga car accident lawyer can discuss your accident and injuries. If hired, we will begin pulling together evidence in support of an injury claim. Our firm is a leader in distracted driving cases. We know how to find sufficient evidence that a motorist failed to use care. We might even argue that the driver was distracted even if they were following the hands-free law. After all, they might have taken their eyes off the road or been cognitively distracted.
Contact us today to schedule your free, no-risk consultation. We help accident victims in the 37411 zip code and nearby areas.
