What Is Distracted Driving?
Bad driving behaviors and choices are the mainstay of distracted driving.
The National Highway Traffic Safety Administration (NHTSA) reported 40,901 traffic fatalities in 2023. The NHTSA data suggests the most likely cause of traffic accidents is human error, which accounts for 90% of all crashes. The NHTSA data also suggests distracted driving, particularly due to smart phone usage, is a leading cause for all crashes. Distracted driving includes texting, eating, adjusting the radio, looking at navigation apps or other apps or videos and conversations with passengers or others, while driving which takes a driver’s attention away from the road. Engaging in distracted driving at night and during inclement weather, such as rain, snow or ice, increases the odds of a dangerous driving incident. Even though drivers of all ages engage in distracted driving, teenagers are the less experienced drivers and most likely drivers to engage in distracted driving. Crashes are the leading killer of teens, accounting for nearly 40% of all teen deaths.
When discussing distracted driving with the general public, we should explain the three (3) basic types of distracted driving:
1.Manual distractions which cause drivers to take their hands off the wheel;
2.Visual distractions which cause drivers to take their eyes off the road; and
3.Cognitive distractions which cause drivers to take their minds (attention) off
the operation of their motor vehicle.
Using a cell phone involves all of these distractions at the same time and, thus, explains why using a cellphone while driving is so dangerous and often leads to a traffic accident. Driving with loud music, programing the GPS, adjusting the radio, adjusting the air/temperature controls and infotainment consoles and even engaging in conversations with passengers may involve all of the distractions simultaneously and, likewise, lead to disastrous results. Other types of distractions are post-it notes and papers on the dashboard and windshield, boxes on the dashboard, toys on the dashboard, beads and air freshener on the rearview mirror, news broadcasts on the radio, boxes in the passenger seats, loose items on the console, eating and open beverages and arguing children or passengers. All of these things can distract a driver while operating a motor vehicle and contribute to causing a traffic accident.
Typically, a distraction lasts four seconds and, depending on the speed of travel, a lot of road is covered in this period of time. For example, if the vehicle is going 30 mph, it would travel 176 feet in the time the driver was distracted. If the vehicle is going 55 mph, it would travel 323 feet (equal to a football field) in the time the driver was distracted. If the vehicle is going 70 mph, it would travel 411 feet while the driver was distracted. At 70 mph, after being distracted, the driver would need approximately 900 feet to stop to avoid another vehicle stopped in front of it and, normally, this means the driver would not have a chance to stop in time.
Distracted driving is codified in several statutes in the State of Tennessee, but the most important statute, in my mind, is Section 55-8-109 of the Tennessee Code Annotated (Prohibited uses of wireless telecommunications devices or stand-alone electronic devices) which provides in part (b)(1):
“A person, while operating a motor vehicle on any road or highway in this state, shall not:
(A) Physically hold or support, with any part of the person’s body, a:
(i) Wireless telecommunications device.”
(B) Write, send or read any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless communication device or stand-alone electronic device.”
(C) Reach for a wireless telecommunication device or stand-alone electronic device in a manner that requires the driver to be:
(i) In a seated driving position; or
(ii) Properly restrained by a safety belt;
(D) Watch a video or movie on a wireless communications device or stand-alone electronic device other than viewing data related to navigation of the motor vehicle; or
(E) Record or broadcast video on a wireless telecommunications device.”
Another statute applicable to distracted driving is Section 55-8-136 of the Tennessee Code Annotated (Drivers to exercise due care) which provides:
(a) “Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway”.
(b) “Notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver of a vehicle shall exercise due care by operating the
vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm.”
Additionally, Reckless Driving, codified in Section 55-10-205 of the Tennessee Code Annotated, is another statute intended to address more egregious types of distracted driving, and provides:
(a) “Any person who drives any vehicle in wilful or wanton disregard for the safety or persons or property commits reckless driving”.
All three of these statutes need to be emphasized by law enforcement and the judiciary to keep the general driving public constantly aware of their duties and obligations while operating a motor vehicle and, thereby, encourage them to engage in better driving habits while using the highways, roadways and streets in the State of Tennessee.
In the event a driver engages in distracted driving, and is cited for such an offense, then the Tennessee Drivers License Act clearly defines a citizen’s right to drive as a privilege rather than a right. In such events, the Court may impose such sanctions or penalties as authorized by each statute in order to correct and/or deter such distracted driving in the future. Additionally, the Tennessee Department of Safety is authorized, upon a conviction of any of the foregoing statutes, to impose points on the offenders driving license history, place the offender’s drivers license status on probation or cancel, suspend or revoke the offender’s driving privileges.
Ultimately, it is incumbent upon law enforcement and the judiciary to impress upon the general driving public that every behavior is a choice, and only they can control their own behavior. So, let’s encourage them to make a plan to avoid distractions while driving and, hopefully, they can avoid being a driving statistic in the future and retain their driving privileges.
Author: James Y. Ross, Sr., Wayne County General Sessions Judge / October 20, 2025.
