Chattanooga Car Accidents Involving Cell Phones

Texting and driving in Tennessee is a crime. All drivers are prohibited from sending or reading a text while their vehicle is in motion on a public road. In Tennessee, there is no prohibition against talking on a cell phone while driving specifically for people with a regular driver’s license, but every driver has a duty to exercise due care. Learner’s and Intermediate licensed drivers are prohibited from using a cellphone while driving.

Courts often find that a person who causes a collision while using a cellphone is not using due care. It is a violation of a general provision, but there is no specific provision regarding talking on a phone, texting or doing other things that a person might use a phone for. If you have been involved in a car accident and are interested in pursuing damages, consult an attorney that has experience filing personal injury claims for victims of Chattanooga car accidents involving cell phones.

How Cellphone Use Laws Apply to Novice Drivers

Novice drivers are prohibited from using a cellphone while driving for any purpose in Tennessee. Novice drivers require greater focus and attention because of their lack of experience and skill in driving. They have slower reaction times. They do not understand some of the things that a more experienced driver would understand as far as when something starts to happen that can create a danger, and can lead to Chattanooga car accidents involving cell phones.

Being distracted by a cell phone in any way creates a greater danger, so that danger is heightened even more with a novice driver. Studies indicate that a person using a cell phone has decreased reaction time, sometimes even worse than a person who is intoxicated beyond the legal limit. Using a cell phone impairs all drivers and that creates a special danger when it comes to novice drivers. Tennessee law specifically prohibits novice drivers from using a cellphone. This applies to anyone with a learner’s permit or intermediate license.

What Are Novice Drivers Prohibited From Doing While Driving That Experienced Drivers Can Do?

In Tennessee, there are limits as to when young drivers can drive and who can be in the car with them. Novice drivers with a learner’s permit must have a fully licensed driver over the age of 21 with them in the front seat at all times. Learner’s permit drivers are not allowed to drive between 10:00 p.m. and 6:00 a.m.

Drivers with intermediate licenses can drive alone but may not drive between 11:00 p.m. and 6:00 a.m. They are restricted from having more than one other person under 21 with them unless they also have a passenger over 21. People with a regular driver’s license are allowed to talk on the phone while driving, but they are not allowed to text and drive. No matter what, they are required to live up to a general due care standard.

Is Consent Needed to Seize Phone Records?

Before pursuing a lawsuit for Chattanooga car accidents involving cellphones, a person has to get permission from the authorized user of the phone to gain access to their records. After a person files a lawsuit, an attorney can issue a subpoena and require the cell phone company to provide the records, even without the defendant’s permission. The defendant has a chance to object to that subpoena through their attorney. The court may prevent the person from getting it, but they do not require their permission after the person files the lawsuit. If a person has been involved in an accident involving a cell phone and they want to know more about seizing phone records and how that can help their case, consult a car accident attorney that can help.