A 18 year old Massachusetts teen was sentenced to one year in prison after being convicted of vehicular homicide in a texting while driving case. Aaron Deveau crossed over the center line and hit a car killing the driver . Deveau initially stated he was thinking about his homework when he veered suddenly to avoid rear ending a car . As he tried to avoid a crash , he ran into another driver. Prosecutors argued that Deveau was texting and driving. There was evidence of 193 texts that day including one minutes before the deadly crash.

In Tennessee , it is illegal to text and drive . It carries a $50.00 fine. However , law enforcement officials state it is hard to enforce since cell phone use is not banned. Yet the question remains , could someone be charged with vehicular homicide in Tennessee if they we texting and driving. The answer is they could. One could be found guilty if the reckless killing was the proximate result of conduct creating a substantial risk of death or serious bodily injury to a person. From all the data and reports , everyone knows it is dangerous to text and drive. If the state can prove you were texting and driving , it appears they can make their case. However , other factors could be present to avoid a conviction. Remember , the conduct of texting and driving has to be the proximate result of the accident

Here is what the National Highway Traffic and Safety Administration has to report :



The National Safety Council estimates that 1.26 million, or nearly a quarter of all crashes, are caused by talking on the phone or texting. The National Highway Traffic Safety Administration estimates that texters are 23 times more likely to get in an accident, and that 3,092 people were killed in distracted driver crashes in 2010.

The state could also charge a reckless homicide or a criminal negligent homicide. So , the bottom line is cause a fatal traffic accident in Tennessee with testing while driving or the use of a cell phone you may be opening yourself to criminal charges.

Here are the key take away facts;

  • It is illegal to text and drive in Tennessee.
  • One in four car wrecks involve cell phone use.

So , don’t text and drive. Be safe.