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Author: Anthony Proffitt

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catastrophic injuries

New law aims to reduce distracted driving accidents

As Tennessee lawmakers fight to decrease accidents, injuries and deaths caused by distracted driving, a new law recently took effect. According to NWTN Today, legislators mostly intended to make it possible for law enforcement officials to stop distracted drivers based on no other driving violations and hope that long term it will reduce deaths and crashes caused by  manual, cognitive and visual distracted driving.

According to the new law, drivers should not be holding any stand-alone electronic or wireless device while driving. As the 19th state to put such a law into effect, officers can now issue a citation simply for driving while operating an electronic device, rather than having it be a secondary charge to another traffic issue. One exemption to the rule is when a driver is making an emergency call for a medical emergency or life-threatening emergency.

The law makes distracted driving a primary stop offense. The state formerly made texting while driving illegal and there has been a ban on using electronic devices in school zones since 2017. Drivers are still able to use earpieces, dashboard mounts, devices worn on wrists or headphone devices while driving. National statistics state that over 30% of drivers talk on the phone daily, so lawmakers formerly made it illegal for anyone with a learner’s permit to use a cell phone while driving.

Tennessee has the highest number of distracted driving related deaths, and the average is almost five times the national one. Drivers can be fined $50, but in a second or third offense or one that leads to an accident, the fine doubles. Violations in school zones when flashers are on or in work zones where workers are there increase the fine to $200.

Categories
Motorcycle Accidents

Why are motorcycle accidents unique from other vehicular accidents?

No two motor vehicle accidents are the same and motorcycle accidents do not always have the same treatment as a standard vehicular accident. Motorcycle accidents are in their own category of wreck. The reason for this is due to the extensive medical costs that motorcycle accidents lead to happening. Motorcycle accidents are more devastating than car accidents. A bike accident is more likely to lead to heavy medical costs, severe injuries and other costs.

The differences between car and motorcycle accidents have documentation behind it. According to Reuters, severe injuries are 10 times more likely to occur when you are on a motorcycle, rather than in a car. When you are on a bike, you remain vulnerable to other cars. You do not have the same protections that a person in a car may have. Instead, you remain exposed to the elements and in the unfortunate event that you go through a wreck; you have more of a chance of serious injury with no metal to protect you.

In the first two years following a collision, the motorcycle crash will cost you approximately twice as much as a car accident costs. Unfortunately, over the last couple of decades, injuries and death attributed to motorcycle accidents did not drop. Instead, it either remains the same or begins to increase. Motorcycle accidents are set apart because the costs double and the injuries are around three times worse than those injuries sustained in a car.

All of the information provides is to inform you of the differences between motorcycle and car accidents. Do not interpret anything as legal advice.

Categories
Car Accidents

Driver who killed pregnant mother and toddler faces murder chagres

Pedestrian deaths are on the rise and the Tennessee community is suffering the reality of it. According to a new report, pedestrian fatalities are at a 28-year high, mostly due to large vehicles and smartphones. When a driver kills a pedestrian, everyone involved in the accident plus all relatives, friends and colleagues suffer.

This is evident for those who knew a 30-year old pregnant mother and her toddler, according to Knox News. The mother and her 2-year old child were killed in a senseless pedestrian accident. Authorities allege that the 33-year old driver went on a vehicular rampage with the intent to hit pedestrians. Investigators believe that it was an intentional act but that the victims were chosen at random. Before the driver killed the mother and her child, he collided a 61-year old man who went to the hospital for his injuries.

After the man fatally struck the woman and toddler, he crashed into a fish hatchery. This resulted in an employee suffering minor injuries, the destruction of four fish systems and the creation of a hole in the building. Before the collision with the building, the driver wreaked havoc on the streets, colliding with a stop sign, cinderblock wall and stanchion.

The driver is currently facing one count of attempted first-degree murder and two counts of first-degree murder. According to a release by the Jefferson City Police Department, charges for the first-degree murder of the unborn child may also be brought.

Those who mourn the loss of loved ones in pedestrian accidents like this deserve help. A consultation with a personal injury lawyer can help survivors understand their legal options for compensation.

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Uncategorized

Personal injury lawsuits: The difference between justice and accountability

A personal injury lawsuit is a way to get compensation for an injury even if it does not occur because of a criminal act. Even if the cause of your injury is not criminal, you may still be able to hold a party liable through a civil suit. At the core of this idea is the difference between justice and accountability.

People, businesses and government agencies have certain responsibilities to ensure their premises and those who visit them are safe. Their carelessness or irresponsibility may contribute to an accident or injury. Just because there is no crime does not necessarily mean they are free from all accountability.

Common cases

 Personal injury actions often arise from the following areas:

  • Automobile, motorcycle, bicycle and pedestrian accidents
  • Slip, trip or fall accidents
  • Medical malpractice
  • Defective medical devices or drugs
  • Workplace accidents
  • Dog bites

Most cases occur because of a person or entity failing to exercise reasonable care, also known as negligence.

Other reasons for personal injury lawsuits

 Negligence is not the only way to hold others accountable for injuries. Some situations involve intentional wrongdoings. Those involving manufacturers are strictly liable for any defective products.

What the process looks like

 When you initiate a personal injury claim, you are the plaintiff while the person or entity you are suing is the defendant. Lawyers who represent each side then gather evidence, generally by obtaining documents and conducting interviews. Then, the case either goes to trial or ends in a settlement. Settling means you agree to receive money in exchange for dropping your lawsuit. Whether you should accept a settlement depends on the strength of your case.

Compensation for your injuries

 If you win your case, a jury or judge awards you monetary compensation for your injuries, otherwise known as damages. This money may cover lost wages, medical bills, future wage losses, pain and suffering, disability or physical disfigurement.

Categories
Uncategorized

Criminal vs. civil liability for a personal injury accident

Most personal injury accidents are not accidents at all. They are preventable incidents that stem from someone’s carelessness. In these situations, the at-fault party may bear both criminal and civil liability in Tennessee.

A criminal case and a civil case are two separate legal processes, under two separate justice systems. Understanding the difference is important for accident survivors, as one could result in financial compensation for injuries.

Criminal liability for the incident

A person may bear criminal liability for personal injuries if he or she broke a state or federal law during the accident. An example would be a drunk driver who kills a pedestrian in Knoxville. Breaking the state’s DUI laws and causing a fatal accident could lead to prosecutors pressing criminal charges against the drunk driver.

The point of the criminal justice system is to punish the defendant for intentional wrongful conduct. A judge may convict a defendant of a crime and issue a penalty in the form of a sentence, such as jail time or fines.

Civil liability for damages

The goal of the civil system, on the other hand, is to compensate the victim of the crime. It is up to the state’s Attorney General to press criminal charges against someone after a serious accident in Tennessee. It is the victim’s responsibility, however, to pursue civil damages. The victim (or his or her attorney) needs to file a personal injury claim against the at-fault party to claim financial recovery.

A civil lawsuit aims to reimburse the claimant for medical bills and other losses related to the defendant’s wrongful act or neglect. If someone is civilly liable, it means that person is legally responsible for paying the economic and noneconomic costs of the incident.

A defendant could be both criminally and civilly liable, but this is not always so. A not-guilty verdict in a criminal case could still mean the defendant negligently caused the plaintiff’s injuries. Most civil statutes of limitations, or deadlines for filing a suit, extend until the completion of a related criminal case.

Categories
Car Accidents Fatal Motor Vehicle Accidents motor vehicle accidents

2 Teens Die in Memorial Day Crash in East Tennessee

Memorial Day weekend is often known as being deadly on Tennessee roads. While the number of deaths may go up and down from year to year, it is a time that is prone to reckless driving, drunk driving, speeding, and crowded roadways. This year two teens died in an accident on Sunday afternoon.

It was a one-vehicle crash involving a 2002 Nissan Maxima. The Nissan was driven by an 18-year-old male, and there were three other male passengers. One was an 18-year-old as well, and the two others were 16 years old. Two passengers died as a result of the accident, the 18-year-old passenger and one of the 16-year-olds. The driver and other passenger did obtain injuries in the crash, although their status is unknown.

The details on the crash are still being investigated by law enforcement. It is known that all occupants were wearing seat belts. It occurred on a left-hand turn that was on a downhill slope. The vehicle ran off the right side of the road and hit a tree. No other details are known about the possible cause of the accident or the state of the passengers at the time of the incident. However, law enforcement did release information that criminal charges are pending against the driver.

Crashes involving teens are unfortunately common. Combine that with the already increased risk of the first weekend of summer and it is not difficult to see how a good time out could turn deadly. If you have been in an accident this Memorial Day weekend, consider consulting an attorney who can look out for your best interests.

Source: News Channel 9

https://staging.pfph-law.com/wp-contentnewschannel9.com/news/local/police-identify-2-east-tennessee-teens-killed-in-crash-memorial-day-weekend

Categories
Motorcycle Accidents

Tennessee motorcycle accident kills 1, injures 2

Motorcycles are a popular mode of transportation for people throughout Tennessee. Unfortunately, however, collisions involving bikes and other motor vehicle are an all too common occurrence. Without the exterior protections provided by cars and trucks, riders and their passengers often suffer serious injuries or death when they are involved in accidents.

This was the case recently in Dunlap for a 64-year-old motorcyclist from Alabama, according to Newschannel9.com. The man was killed in an unnecessary motorcycle wreck when the driver of a truck traveling in the opposite direction on US Highway 27 attempted to turn left in front of his bike. Reports did not indicate which motorist had the right of way or whether either attempted to avoid the crash. There was also a woman on the motorcycle with the man at the time of the accident who reportedly suffered injuries, but no further details regarding her condition were released. The driver of the truck was also injured.

Reports did not indicate who had the right of way at the time of the accident or specify its exact cause. The Tennessee Highway Patrol continues to investigate; and though no criminal charges have been filed, law enforcement has asked for drug and alcohol testing for the truck’s driver, as well as for the man killed.

Those left to mourn the loss of loved ones, as well as people who have been injured, in motorcycle accidents need and deserve assistance. Consulting with an experienced attorney after crashes such as the above may be a good way for people to find out more about their rights and options for pursuing financial compensation.

Categories
Fatal Motor Vehicle Accidents motor vehicle accidents

Car accident leads to injuries and death after failure to stop

Drivers in Tennessee face the same risks as those in other states when it comes to driving on busy highways and roads in poor weather conditions. Few expect for tragedy to strike when the weather is nice, they are obeying the law and they are driving safely. Unfortunately, accidents can happen because of the poor decisions of one driver and leave a family suffering and in pain because of an accident.

According to Fox 13, a middle-aged man was traveling with an eight-year-old child and a 12-year-old child on a Tuesday afternoon on a state highway. As the vehicle stopped to make a left turn, a second vehicle, driven by another man, failed to stop and struck the turning vehicle. This caused a chain of events that started with the first vehicle hitting the median and overturning on the highway. Eventually, the vehicle ended up in the southbound lane facing north.

All three individuals in the first vehicle were hurt in the accident. The 12-year-old boy died at the scene and although the current condition of the driver and the other passenger are not currently known, both were seriously injured in the accident. The driver of the second vehicle escaped the accident without any injuries and it is not immediately clear if he will face any charges related to the tragic, fatal crash.

While law enforcement officials offered no immediate reason for the accident, those in the first vehicle are facing recovery from a serious accident and preparing to bury the young boy. As they work to grieve their loss, repair their property and pay medical expenses, they may benefit from consulting a personal injury attorney to discuss possible options once the investigation into the accident is complete.

Categories
Uncategorized

Electric scooters come to Knoxville, bring concerns with the fun

The electric scooter phenomenon has been sweeping into major American cities for a few years now. With shared scooters entering Knoxville on a one-year pilot run, citizens of the city may be excited to take part in the fun.

Though scooter companies like Zagster and VeoRide believe that shared electric scooters provide an eco-friendly alternative for commuting in the city, you may see many riders and tourists jumping on the scooters just for the joy of the ride. While many may enjoy the new amenity, there are concerns for public safety that accompany the fun.

Street safety and scooters

Electric scooters can travel up to 15 miles per hour. If a rider is struck by a motor vehicle, the injuries could be severe. Furthermore, drivers will have to adjust to the presence of these scooters on the road, which may cause an increase in accidents. This will be a concern especially for the city of Knoxville, which has made the provision that scooter users will not be able to ride on sidewalks.

Scooter malfunction is also a safety concern for those who plan on using the new scooters. Shared scooters, like other rental equipment, may have suffered misuse and vandalism from previous users. It is unclear how often the scooter companies may be able to perform maintenance on their vehicles.

Liability and scooter accidents

As these scooters are brand new to Knoxville, personal injury cases involving them may have complicated and potentially contentious legal implications. Be careful not to be reckless when testing out the new scooters to minimize your chances of experiencing an accident.

Categories
motor vehicle accidents

Tourism and traffic: Risks are high for tourists

With spring here and summer around the corner, it’s a busy season for tourism. Throughout the year, Knoxville sees tourists looking for a warmer place to visit, beautiful, natural scenery and more.

With tourism comes the risk of collisions, though. People from out of the area, out of the state or even out of the country can cause serious collisions that end up affecting entire communities.

How does tourism affect traffic?

According to one article from 2010, traffic collisions are a leading cause of death for tourists traveling abroad. While not all of these collisions are going to be the fault of tourists, it’s more likely for tourists to make mistakes, especially when driving in a nation that may require them to drive on the opposite side of the road or become familiar with new road signs.

For people coming in from out of town, looking at a GPS or driving long hours can lead to traffic accidents. Distractions, drowsiness and general inattention can quickly cause problems on the roadways, leaving tourists and locals injured or worse.

How can tourists be safer in new areas?

Tourists can be safer by making sure they plan out their routes in advance. If changes have to be made, pull over and rework the route or ask a passenger to do so, so the driver isn’t distracted.

Touring a new area can mean driving for long periods of time, so remember to take breaks regularly and to get enough sleep. Just sleeping a normal 8-hour night can reduce your risk of a collision.

With these tips, tourists can be safer on the roads and everyone can enjoy the benefits.