Are you familiar with the slogan “Hands Free Tennessee?” This motto was developed to help Tennesseans increase their awareness of the state’s hands-free driving laws in order to enhance safety on our local roadways. But what happens when someone violates these laws and causes a crash by texting and driving?

Distracted driving remains one of the leading causes of motor vehicle accidents in Tennessee, with recent estimates indicating that a distracted driver causes a crash somewhere in the state roughly every 43 minutes. Distracted driving crashes can have serious consequences for injured victims and their loved ones, leading many survivors to pursue legal action against the person responsible for their suffering. Let’s explore how an accident victim can prove that another driver violated Tennessee’s hands-free law and the key steps needed to recover compensation for their losses.

What is the “Hands-Free” law in Tennessee?

Tennessee’s hands-free law went into effect in July of 2019 as part of ongoing efforts to curb distracted driving behaviors on our local roadways. Motorists may be found in violation of the hands-free law if they engage in any of the following behaviors while behind the wheel:

• Holding a cellphone or mobile device with any part of their body
• Writing, sending, or reading any text-based communication
• Reaching for a cellphone 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
• Watching a video or movie on a cellphone or mobile device
• Recording or broadcasting video on a cellphone or mobile device

As all of these actions could lead a driver to take their eyes off the road, drivers are instead encouraged to refrain from engaging with mobile devices in any way while traveling or, if absolutely necessary, to use Bluetooth or voice-based technology to make calls or send messages.

Anyone found to have violated the hands-free law could be found guilty of a Class C misdemeanor and issued a traffic citation. The fines associated with these violations vary by circumstance but range from $50 to $200, depending on the specific facts of a case, as well as the offender’s previous driving record.

How the hands-free law impacts car accident claims

Depending on the details of your accident, Tennessee’s hands-free law could be very good or very bad for your case. First, the good:

In order to recover damages from another driver after a crash, an injured party must be able to demonstrate that:

1. The other driver owed them a legal duty of care
2. The other driver breached that duty of care in some way
3. The injured party suffered identifiable harm in the crash
4. The harm suffered by the injured party was the direct result of the other driver’s breach of care

In light of the hands-free law, motorists have a legal duty to avoid prohibited uses of cellular devices while driving. This includes texting, watching videos, and even holding a phone. Subsequently, if a driver causes a crash by texting behind the wheel, the court will likely find that they did, in fact, violate their legal duty of care and should be held responsible for any harm they caused.

On the other hand, Tennessee uses a modified comparative negligence system when determining fault in personal injury cases like car accidents. That means if you are found to have contributed to a crash in some way, you could have your damage award reduced by a percentage equal to your level of fault. So if, for example, you were also using your phone at the time of the accident, you may find your ability to recover compensation degraded or curtailed entirely.

This is why it’s so important to gather a wealth of evidence that can support your version of events and highlight the other driver’s breach of care. An experienced car accident attorney can advise you of what kinds of documentation would best support your claim and help you access and preserve the evidence you need to build a clear case for the other driver’s liability.

How to prove the other driver was texting

In any car accident, it’s wise to meticulously document the scene of the crash to create a visual record of any and all factors that may have contributed to a crash. Skid marks, signage, roadway hazards, and traffic patterns can all add valuable context to a claim and proactively safeguard against conflicting testimony from the other driver. The same holds true in a texting and driving case, but some other forms of documentation tend to serve as the cornerstone of these claims.

Specifically, phone records are the bread and butter of a distracted driving case. With today’s advanced technology, cell phone companies and web service providers are constantly compiling data about their customers’ actions, and that data can be used to craft a clear picture of a driver’s cell phone use before, during, and after a crash.

Here are a few examples of phone data that might be able to help you prove that the other driver was using their phone at the time of your accident:

• Text message conversations
• Call logs
• GPS and location data
• Video chat records
• Bluetooth data
• Mobile app caches (think video streaming apps, virtual meeting platforms, and secure messaging services)
• Camera libraries

With so many activities taking place on mobile devices, there is a potential treasure trove of evidence available to injured parties looking to prove that an alleged at-fault driver was using their phone at the time of a crash. Of course, the double-edged sword here is that the other driver can also request YOUR phone records, and if those records show that you were violating the hands-free law at the time of your accident, you might lose your ability to recover compensation.

Do I need an attorney?

If you suspect another driver caused an accident by illegally using their phone, you should consult with an experienced car accident attorney who can help you build your case. Drivers and their insurance representatives will do everything in their power to deny blame and shift claims of liability onto you – especially if the at-fault driver was breaking the law at the time of the crash.

Your attorney will understand the common defense tactics employed in these cases and can help you compile the evidence you need to build a convincing case for compensation. Car accident lawyers often play a vital role in compiling supporting evidence in these cases, as many cell phone service providers require a formal subpoena in order to release phone records.

While the burden of proof in civil cases is not as high as it is in criminal cases, the court will still require a wealth of evidence before it’s willing to hold one driver accountable for another party’s injuries. Your lawyer can help request the records you need and can even send preservation letters to the opposing side ordering the other driver and their representatives not to dispose of or tamper with any evidence that could support your claim.

Final thoughts

The physical, emotional, and financial toll of a car accident can be life-altering for many survivors and their families. If a crash is caused by distracted driving behaviors like texting and driving, it’s all the more vital for an injured party to pursue accountability as part of their recovery efforts. In Tennessee, texting and driving is something to be taken seriously, and victims of distracted driving accidents have legal options for compensation.

If you or a loved one was injured in or around Chattanooga because another driver chose to violate the hands-free law, you deserve to have your voice heard and your needs met. Contact Wagner Workers Compensation & Personal Injury Lawyers today to discover whether you might have a viable claim against the person responsible for your injuries. Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team, and let’s collaborate to determine which course of action might be best for you and your family.