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Author: Anthony Proffitt

Categories
motor vehicle accidents

Distracted driving statistics highlight the risk

Tennessee residents have certainly heard and read a lot about distracted driving over the last decade or so. A lot of the focus in this discussion has centered around the use of cell phones while driving. However, there are numerous things that may distract drivers including built-in infotainment systems, children and other passengers, eating and drinking in the car, even personal grooming and more. Just how serious is distracted driving in America?

According to the U.S. Centers for Disease Control and Prevention, distracted drivers claimed the lives of 3,450 people in 2016. In the prior year, almost 395,000 people were either injured or killed in distracted driving accidents. Today, it is believed that nine people die every day on U.S. roads in these crashes.

Records from the National Highway Traffic Safety Administration show that in 2017, distracted drivers were responsible for the deaths of 3,166 people. The use of cell phones was reported to be involved in 434 of those, highlighting the reality that distractions extend far beyond the phone.

The insurance comparison site, The Zebra, conducted a survey earlier this year to gauge the opinions of drivers across the country. It seems that job pressures may contribute to some distracted driving as 25% of people said they felt strongly compelled to respond to messages or calls when in the car if they were related to work. This pressure was felt even more by drivers between 18 and 34 years of age as 37% of those drivers indicated a strong urge to respond while driving. It seems many drivers still watch videos, take photos and more when they should be focused on the road.

Categories
motor vehicle accidents

Unsecured bale of hay falls off truck and kills Tennessee teen

Winning the state championship is an accomplishment that many high school football teams aspire to. However, one Tennessee team has made it a mission to take home the championship trophy in honor of one of their teammates who died approximately a week and a half ago in a motor vehicle accident involving another vehicle with what appears to have been an improperly secured load.

On a Saturday afternoon, the high school student was following a truck hauling bales of hay on a Tennessee highway. For reasons that are still under investigation, one of the hay bales fell out of the back of the truck. Details as to what, precisely, happened next are a bit vague, but authorities report a head-on collision between the errant bale of hay and the teenager’s vehicle in which the high school student lost his life.

The young man who died was a senior in high school, active in athletics. His football coach describes him as universally beloved. His teammates have reportedly taken the loss very hard, perhaps more so because it occurred the day after a significant gridiron victory which the deceased had been enthusiastic in celebrating at its conclusion.

Charges are pending against the 21-year-old driver of the truck that lost part of its load. Once the investigation reaches its formal conclusion, the district attorney will make a decision in regard to moving forward.

Nothing can replace the loss of a loved one, but family members have the right to seek damages against a negligent party that caused an accident. Hiring an attorney may be helpful in this endeavor.

Categories
Uncategorized

Do you have a case for a vaping lung injury?

Vaping injury stories are increasingly common in the news of late. This unnerving issue has many people on edge. Vaping was once seen as a healthier alternative to smoking, but now that is under question. To further confuse the issue, there is a lot of misinformation or half-truths floating around about this concern. It is difficult to know what is accurate about the vaping injuries reported in the Tennessee news.

If you vape, you may wonder if you should be concerned. After all, if you suffer an injury, you will want to hold someone accountable so that other people do not have to go through what you did. However, thus far there is not a lot of conclusive information about these concerns. The Washington Post explains officials are still researching and gathering information about the vape injuries.

An initial warning

The best officials can do is warn you to stop vaping. There is a specific warning against using THC products in vapes. Most of the people suffering from injuries used THC products. Many of these people admitted to using black market products or altering the existing vaping juice to add THC oil.

The confusion

The main confusion is because there are many conflicting reports. Some sources say only people who have used THC vaping have suffered, while others make more general statements and even name specific vaping brands linked to those with injuries. Official reports have not released a lot of information and only provided the general warning to stop vaping.

In addition, there are no clear explanations about the actual medical conditions of the injured people. According to most sources, they have a serious lung-related illness or condition, but further details are not yet forthcoming.

Without more complete knowledge, it is difficult to hold anyone accountable for these vape-related lung injuries. It will take more time and information to get to the bottom of things.

Categories
nursing home abuse and neglect

Deficiencies in Tennessee nursing homes

Not all Tennessee nursing homes have problems. Many families are able to find a suitable place that cares for their loved one. However, some Tennesseans are not so fortunate. A report by the Knoxville News Sentinel described negligence of care discovered in a number of nursing homes in the state, including one in Knoxville. These deficiencies in care have resulted in injury and contributed to the deaths of some nursing home residents.

As explained by the Knoxville News Sentinel, a common problem with these deficient nursing homes is a lack of staffing. Because of an inadequate number of care workers, residents suffered from a lack of proper care. It was common in these understaffed homes to find residents suffering from bedsores. There were also residents who had lost an excessive amount of weight, with some suffering from a lack of hygiene that contributed to infections.

Negligence in care was also found to cause serious injury. One nursing home resident suffered knee fractures after sliding out of bed during a changing of bed sheets. Her fall was not reported until she screamed in pain. A nursing home in Maryville had residents suffering multiple falls, with one resident falling nine times and experiencing one fracture. In a nursing home in Johnson City, residents were restrained, which put them at risk of hurting themselves because they tried to get free.

Medication errors were also common among the negligent homes, with some homes suffering medication errors above the federal standard. In a Humboldt home, a nurse provided a diabetic resident with an excessive amount of insulin that put the resident into a coma. A Madison nursing home failed to provide residents with needed insulin and also provided incorrect blood pressure and cardiac medication.

These examples provide an idea of the forms of negligent care that take place in some Tennessee nursing homes. Mismanaged care can significantly degrade the health of a senior citizen or even result in death. It is crucial to seek assistance if abuse or neglect is occurring to preserve the life of the resident being abused and if necessary, prepare for possible civil litigation.

Categories
Uncategorized

Fatal DUI crash caused by driver out on bond for prior offense

A young Tennessee man killed in a fatal DUI crash on Highway 385 near Rivervale would have turned 25 next month. He left behind a six-year-old daughter and a wife who were not in the car with him when the fatal accident occurred. As reported by WREG Channel 3 News, the alleged cause of the crash was another Tennessee man who was allegedly driving while intoxicated and out on bail for a previous DUI offense. He also fled the scene of the accident. 

A witness saw the driver who caused the accident speeding past at about 100 mph. When officers caught up with him, they smelled alcohol and the driver displayed the typical tell-tale signs of intoxication. He admitted to having caused the crash that killed the young father. Officers detained the driver, who now faces charges for multiple offenses, including vehicular homicide and DUI. 

The news team reporting on the tragic accident obtained documents showing a Collierville court charged the intoxicated driver six weeks earlier for another DUI. His payment of a $750 bond enabled him to get out of jail and return to the road prior to causing the fatal crash. According to data compiled by the Tennessee Highway Patrol, the year 2018 saw more than 1,800 vehicle crashes caused by alcohol impairment. The THP also made close to 7,000 arrests for DUI during the same year. Out of the overall 29,186 crashes occurring in Tennessee in 2018, more than one third resulted in injuries or fatalities. 

Whether the cause is driver negligence, such as DUI or distracted driving, involvement in a vehicle accident can result in drivers and passengers — sometimes pedestrians and cyclists — battling serious and debilitating injuries. When catastrophic injuries or wrongful deaths result from a driver’s negligence or recklessness, a legal action may help survivors and injured individuals cope with the extremely difficult circumstances. 

Categories
catastrophic injuries

Filing a civil suit after a catastrophic injury

An individual or business could be responsible for your catastrophic personal injury even when this third party has not committed a criminal act. In this case, you can file a civil lawsuit to recoup associated medical costs and lost wages as well as damages for pain and suffering.

If you are struggling with medical bills and can no longer work after a serious injury, learn more about filing a personal injury lawsuit in Tennessee.

Understanding negligence

You do not have to prove the other party acted purposefully to win a personal injury suit, but you do need to prove negligence. This means that the other party failed to fulfill his or her responsibility to refrain from injuring another person, that this failure directly led to your injuries and that you suffered financial loss or damages as a result of the incident.

Modified comparative fault

Tennessee uses a modified comparative fault standard to award damages in a successful personal injury case. With this law, you can share up to 50% of fault for your injury and still receive partial damages. For example, if you slip and fall in a store that did not post wet floor caution signs but you were also texting when the fall occurred, the judge could find you 20% at fault and you would receive 80% of the legally allowed damages.

Statute of limitations

Tennessee residents have one year after the injury to file a civil personal injury lawsuit. After this date, the court will dismiss your case and you are no longer eligible to sue for damages. If the injury occurs before an individual turns 18, the one-year clock begins running on his or her 18th birthday. If the responsible party also faces criminal charges, you will have two years to file a civil lawsuit.

In addition to economic damages such as lost wages and medical expenses, you can collect noneconomic damages in Tennessee. The state limits this category to a cap of $750,000 for most personal injury cases.

Categories
catastrophic injuries

The impact of traumatic brain injuries

One common type of trauma that often occurs in motor vehicle collisions, slip-and-fall incidents and other types of accidents is traumatic brain injury. Unlike other types of accident and personal injuries, such as broken bones, lacerations and bruises, brain injuries often result in long and difficult recoveries.

TBIs affect victims on multiple levels, including their psychological, physical, social and financial well-being.

How TBIs occur

The skull protects the brain but is not always ample enough shield against trauma. All it may take for a brain to become damaged is a blow to the head or the forceful back-and-forth movement of whiplash to bump the brain against the skull.

TBI can also occur when the brain is deprived of oxygen; the longer the loss of oxygen, the greater the severity of trauma.

Traumatic brain injury symptoms

Signs of mild TBIs which often result in short-term distress include loss of consciousness, forgetfulness, confusion, sleeplessness and mood changes. Mild TBIs often heal on their own.

Some TBIs are much more severe and the prognosis for recovery is not as optimistic. They can affect multiple body systems, cause paralysis and disability, impair cognitive and mental functions and reduce victims to a shell of their former selves.

There are circumstances when traumatic brain injuries are not immediately obvious. Some people who have them do not suffer a loss of consciousness. Gradual swelling from bruising or bleeding can lead to pressure inside the skull that causes damage days or weeks after the accident. Instead of immediate problems, victims may experience seizures or convulsions in the days after their accidents. Some TBI victims experience delayed symptoms of blurred vision, headaches, nausea, vomiting and weakness.

Because there may not be any outward symptoms, any person who sustains a blow to the head or whiplash may want to seek medical attention.

Categories
motor vehicle accidents

How do bike accidents occur in Knoxville?

Riding your bicycle through the streets of Knoxville is a great way to get around without using up gasoline in your car, and in the process, you get to enjoy some exercise. However, the price for taking in the outdoor weather during a bike ride is greater vulnerability to injury or even death if you are struck by an automobile.

Causes of bike accidents can vary. Cyclists and motorists alike can be distracted and not pay full attention to the road until it is too late. Some roads, due to greater traffic flow, create greater risk for bicycle accidents. Reasons for bicycle accidents occurring are more specific to certain cities and communities than others.

What Causes Bike Accidents in Knoxville?

A 2018 article by Knox News cited a report by the Knoxville Regional Transportation Planning Organization which showed that the predominant contributing factor of vehicles colliding with a bicycle was due to the driver not yielding during a turn, ranking 39% of bicycle/car accidents. 29% of accidents were caused by bicyclists riding on the sidewalk, and other factors compromised 32%.

Marking bike lanes for bikes to ride separately from motor traffic did not always help. The article identified a particular road where a bike lane was marked out. However, the number of bike and car accidents actually increased because vehicles, likely not used to the presence of bicycles, turned into the bike lane, causing bicycles to collide with the vehicles.

What Can Prevent Bike Accidents?

In an attempt to reduce incidences of bicycle/car accidents, the Knoxville Regional Transportation Planning Organization has created an interactive map that shows residents where bicycle and pedestrian accidents are most likely to occur. Local government authorities have also been marking bike lanes with more distinct colors, prohibiting right turns on red at certain locations, and putting up warning signs on roads.

In general, awareness of bicycles on the road is key to preventing collisions. According to Tennessee law, bicycles have the right to share the road with motor vehicles, so motorists should be on the lookout for bikes. A bike rider cited in the Knox News article observed that many drivers are courteous, but some can be inattentive and others resentful of the fact bikes ride on streets and not on sidewalks.

Remember that bike riders are much more vulnerable to injury than a person in an automobile. Proper driving and vigilance can prevent the worst from happening. Keep in mind that this article is written to inform Knoxville area residents about bicycle accidents and does not give actionable legal advice.

Categories
catastrophic injuries

Are motorcycle passengers at risk for a TBI?

Motorcyclists in Tennessee understand that motorcycle accidents can be devastating. On a motorcycle, riders have little protection from the elements. A rider may choose to have a helmet and leather riding gear, but he or she is still more vulnerable than a person is in an average motor vehicle. Practicing safe driving habits can decrease the chance of serious or fatal injuries, including traumatic brain injuries. Drivers are not the only group of people at risk for TBIs, however. Passengers may be, on average, more prone to TBIs than drivers are.

According to Reuters, a study of 80,000 motorcycle drivers and 6,000 passengers revealed that drivers are more likely to wear helmets than passengers are. No matter the reason for the accident, the study also revealed that TBIs are the most common injury for both riders and drivers. Without a helmet, both driver and passenger are at a serious risk for TBI. When riding, a passenger is less likely to wear a helmet. In fact, two-thirds of drivers wear helmets, whereas 57.5% of passengers wear one.

For those passengers who do wear helmets, they are still more at risk of TBI. Passengers turn up with a TBI at a rate of 36%, whereas drivers have a rate of 31%. The leading theory as to why it is more dangerous for a passenger is that during an accident, passengers are more likely to eject from the vehicle. When launched off a motorcycle at high speeds, the helmet may not help.

None of the above information is legal advice. It is for educational purposes.

Categories
Fatal Motor Vehicle Accidents

Devastating crash and burn accident on I-65

When driving on the interstate highway in Tennessee, it can be scary when an obstacle is lying in the middle of the road, and sometimes a crash can be unavoidable. But when the object in the middle of the highway is a parked car, the consequences can be much direr. This is what happened on the past Monday near Madison, when a crash with a Lexus SUV caused a fire that killed the vehicle’s driver.

WSMV News 4 reports that at the time of the accident, the SUV was stopped in the middle of one of the lanes of the highway. Whether there was a defect in the vehicle, an error made on the part of the driver or some other cause of the vehicle stopping where it did is unknown due to the fact that it was completely destroyed in the crash, with the driver purportedly being killed instantly.

Currently, the driver has not been identified due to the fire melting the license plate and VIN number, and the driver’s body being unrecognizable as a result of extensive burns. The accident occurred when a tractor trailer struck the vehicle. As a result, the trailer was flipped on its side, blocking all lanes of traffic. The highway was closed past 10:00 pm, even after the trailer was put upright. The accident occurred at 7:00 pm.

Those who have been the victims of severe car accidents could be suffering from catastrophic injuries. It may be possible to obtain financial compensation for the pain and suffering involved, and an attorney in the local area who practices personal injury law may be able to help.