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Author: Anthony Proffitt

Categories
Motorcycle Accidents

Ooltewah motorcyclist killed in car accident

One might say that motorcyclists in Knoxville are already at an inherent disadvantage when it comes to staying safe on the road. The lack of protection offered by their bikes means that even in a minor collision, they could be at risk of suffering severe injuries. There are steps that motorcyclists may take to mitigate those risks (such as wearing a helmet and protective clothing), yet they also have to worry about inattentive motorists. It can be difficult to see motorcycles on the road, and despite extensive campaigns to increase awareness of motorcyclists, many drivers may still forget to do those simple things to make the road safer for all. 

Sadly, devastating consequences typically accompany collisions between motorcycles and vehicles. This fact was on full display following a motorcycle accident near Meigs County. Authorities believe that a driver pulled on to local highway from a private driveway without seeing a motorcycle approaching. The resulting collision between the two vehicles resulted in the motorcyclist (an Ooltewah resident) being thrown from his Harley Davidson. He died from injuries sustained in the collision. It was later reported that the motorist was not injured at all. 

The pain of losing a loved one in a motorcycle accident might be equaled only by the concern that may come from trying to figure out how to fill the emotional and financial voids he or she leaves behind (this coming after his or her family also having to pay potentially inordinate medical expenses). In such a scenario, family members may be left with little choice but to seek compensation from the responsible parties. An experienced attorney may be a valuable asset to consult with when working to secure such compensation.  

Categories
Drunk Driving Accidents

Assigning liability even if a driver is not legally drunk

Determining liability for car accidents that occur in Knoxville can often be tricky, especially when no clear cut evidence points at one particular party. In cases where suspicion as to whether or not alcohol may have been involved exists, those who are believed to have been drunk at the time of an accident may point to them not having been shown to be legally intoxicated on a sobriety tests as absolving them. By now, popular media and word of mouth likely has filled most of the general public in on the details found in Section 55-10-401 of Tennessee’s Annotated Code: that a blood-alcohol concentration of .08 percent is the standard for determining intoxication. 

Hidden within this standard seems to be an implication that it is permissible for one to drive after having consumed alcohol provided that his or her BAC remains under the legal limit. While one certainly could be said to be taking a big gamble by assuming that his or her BAC is below .08, technically he or she could avoid a DUI in such a scenario (the exception would be one driving a commercial vehicle; his or her BAC need only be above .04 to be charged with DUI). An important point to remember, however, is that simply because one suspected of driving under the influence did not register a reading above the legal limit, that does not absolve him or her of liability if his or her impairment caused a car accident. 

There may be another way to legally link local drunk driving laws to an accident even if a driver’s BAC is not above .08. Per the Tennessee Department of Safety and Homeland Security, the state does have an open container law. A proven violation of this law may cited when trying to assign liability in an accident. 

Categories
Motorcycle Accidents

The most common motorcycle injuries

As perfect as hitting the road on a motorcycle feels, it can almost seem as if the two were made to go together. Most Tennesseee motorcycle enthusiasts would agree with this sentiment, especially as the weather continues to grow warmer in the Volunteer State. Unfortunately, this eagerness to keep the roads hot comes an alarming number of accidents. The below information shares a few accident prevention tips, as well as the most common types of motorcycle injuries.

The National Highway Traffic Safety Administration stresses in a brochure on motorcycle safety that motorcycle accidents take 2,100 lives each year. On the same note, motorcyclists are 16 times more likely to suffer fatal injuries than their automobile counterparts. The NHTSA also points out that most crashes involving motorcycles are not the motorcyclist’s fault. To avoid injury on the road, the NHTSA encourages motorcyclists to wear proper protective gear, including gloves, jackets, appropriate footwear, helmets and eye protection. Helmets are the key in this list of protective gear, as they have proven to be 29 percent effective in preventing fatal injuries. 

RideApart magazine understands that, sometimes, an accident can occur despite all the preventative steps taken. Using a study from the Centers for Disease Control and Prevention for reference, RideApart explains that 30 percent of all non-fatal motorcycle injuries involve the feet and legs. Following close behind are injuries dealing with the head and neck, which accounted for 22 percent of all non-fatal injuries. Upper trunk wounds followed head and neck injuries, and arms and hands made up the smallest percentage of non-fatal damages. Not only can these statistics help motorcyclists become more alert; they can ultimately save lives.    

 

  

Categories
Car Accidents

How to avoid falling asleep at the wheel

The daily demands of life often get in the way of rest for many Tennesseans. Busy workloads, class deadlines and other important tasks can easily push sleep to the back-burner. While life is short and it is important to make the most of it, sacrificing rest for other needs can be a dangerous game. These risks multiply tenfold when a sleep-deprived person gets behind the wheel of a vehicle. 

The National Center for Health Research explains the risks of falling asleep while driving, noting that crashes due to sleep issues cost the country millions. The NCHR also reminds its audience that sleep-deprived driving does not simply mean falling asleep at the wheel; it can involve slower reaction times, poor judgment and decision-making and a shorter attention span. Using a study from the Centers for Disease Control and Prevention, the NCHR shares that one in 25 adult drivers admitted to having fallen asleep at the wheel in the last month. Those most vulnerable to falling asleep while driving include sleep-deprived drivers, those who work late shifts, drivers who take medication and travelers. 

While gauging one’s tiredness before hitting the road is always a wise step, the National Sleep Foundation states that, more specifically, seven to nine hours of rest a night is ideal. Maintaining alertness while driving is crucial. Another way drivers can prevent a sleep-deprived crash is by allowing more time to get to the destination. The NSF also advises readers to take periodic breaks, especially while travelling; a break every two hours (or 100 miles) can keep one feeling refreshed and alert. Using the buddy system can also help passengers identify warning signs of sleep deprivation among drivers. Part of enjoying the destination involves keeping the drive itself a safe one. 

  

 

Categories
Truck Accidents

The dangers of drowsy truck driving

Unlike many jobs in which employees can punch the clock at the end of a long day, Tennessee truck drivers must often push exhaustion to the limit. It almost seems as if today’s truckers have given the duty of hard work an entirely new meaning. Trucker fatigue has been a point of concern for years — and is a problem that is in dire need of change within the industry.

Most industries undergo some level of change, along with changes in the economy. Business Insider comments on the ways truck driving has changed over recent years, speculating on why the field has seen a drastic drop in the number of employees. While falling pay and an increase in driving costs have both contributed to the plummeting number of drivers, BI also brings to attention driver compliance, an issue that results in driver fatigue. Where does one draw the line between violating regulations and preserving employee health? When employers give drivers an unrealistic set of expectations, the safety of everyone on the road could be at stake.

As USA Today shares, one Los Angeles truck driver had a typical workday of 16 straight hours; unfortunately, he is not alone. Trucking companies commonly demand long hours and time away from home, leading to employee dissatisfaction and health concerns. Some companies even place the burden of truck repairs on the employees rather than addressing it through the company itself. USA Today also mentions the disturbing fact that some employers fire truckers when they become too exhausted to continue. Providing a scope into the lives of more than 300 drivers, USA Today found that companies frequently break federal safety laws that limit work shifts to 11 hours on the road per day. It is clear that the trucking industry’s problem regarding employee exhaustion is often linked to the violation of safety regulations.  

Categories
Truck Accidents

Truck accidents: the facts

Some Tennessee drivers might not think twice about it, but the job of a truck driver is often no easy task. In addition to extended periods of time on the road, tight schedules and limited food options, truckers must grapple with perhaps the biggest challenge of the job: the truck itself. These road giants are powerful, making them both efficient and dangerous. How common are truck accidents, and what are some of the typical causes of crashes? 

One 2014 report from CNBC expressed concern over the rising number of truck accidents in the country. According to the report, fatal truck crashes happen 11 times a day on average, claiming over 4,000 lives each year. There are roughly 100,000 nonfatal truck crashes that happen annually — a number that has steadily risen since 2009. And while many might assume that reasons for crashes simply trace back to poor driving habits, CNBC reveals the unsettling truth that countless truckers are pressured to deliver goods within strict timeframes, causing them to rush on the road. CNBC also criticizes the industry as a whole for not making speedier efforts to get safety technology devices installed in trucks. 

Strict deadlines are only one of a long string of reasons why truckers experience horrific crashes. Findlaw sheds light on the driving habits of all others on the road, noting that a common cause of truck crashes involves a passenger vehicle driver’s underestimation — or overestimation — of a truck’s abilities. Some drivers mistakenly believe that a truck can break as quickly as a passenger vehicle; this is hardly the case. Other drivers make poor decisions to pass a semi-trailer truck when it is not safe to do so. Findlaw also points to inadequate trucker training, unrealistic schedules and unsafe speeds as other causes of acccidents in this industry. Learning more about the safety of the trucking industry itself can help one better prepare in the case of an unfortunate incident.     

 

Categories
Fatal Motor Vehicle Accidents

Are autonomous cars making roads safer?

Sometimes, there is no way to avoid a car accident. However, in many cases, the driver at fault was simply driving irresponsibly or in a reckless manner. When a crash becomes fatal, the reasons for the accident can become all the more crucial; these factors can help clarify an investigation. Recent news shows a relatively new possible safety threat on the road: that of autonomous cars. Do the pros outweigh the cons? 

Although the purpose of autonomous vehicles is to make driving safer, many new technologies must go through multiple stages to reach utmost performance. Newsweek reported on one fatal crash involving a self-driving Uber car that, upon investigation, had malfunctioned while in operation. The cause? Most likely, the crash happened as a result of a software glitch that affects the car’s ability to detect objects. The Uber car hit a 49-year-old woman bicycling across the street, making the first fatal pedestrian accident caused by an autonomous vehicle. At the time of the report earlier this week, Uber had not responded to the reasons for the crash. 

The initial purpose of autonomous cars, as the National Highway Traffic Safety Administration reports, is to make roads safer. Automated Driving Systems are currently under review with the NHTSA, as the safety department continues by explaining how this innovative technology will one day become the new normal. Although the aforementioned accident was certainly a horrific shock amidst an otherwise progressive step forward, the NHTSA goes on to state that these systems can help drivers avoid drifting into other lanes or making unsafe lane changes, as well as warning drivers of surrounding vehicles. Some autonomous cars may still be in the developing stages, but the outlook on this technology seems positive as a whole.  

 

 

Categories
Motorcycle Accidents

Tennessee’s motorcycle helmet law

Warm weather in Tennessee is here at last, and that means the motorcycles are beginning to keep the roads hot. While the safety precautions one takes may depend on the type of bike, current state laws enforce helmet use at all times. Regardless of one’s age or experience, a motorcycle accident with helmets involved could decrease riders’ chances of suffering from serious injuries.

Although most states have at least partial laws enforcing the use of helmets, there has long been a debate over these requirements. The Tennessean reported on one effort in 2016 to modify the state’s motorcycle helmet laws; however, the billed failed to pass in a Senate committee. This has not been the first attempt at changing Tennessee’s helmet requirements. Those for the modifications claimed ending laws for insured drivers over the age of 21 would welcome tourism, while those in opposition argued that law enforcement would not be able to determine which riders were properly insured, and that hospitals would ultimately pay the medical price with potentially increased accidents and injuries.

To clarify state regulations, the Insurance Institute for Highway Safety shares that 19 states currently have laws that require helmet use among all riders. Only Illinois, Iowa and New Hampshire do not have any current helmet laws. As for Tennessee, all riders are required to wear helmets when operating a motorcycle. The IIHS also notes that one reason most states have jumped onboard strict helmet regulations is due in part to the 1967 incentive in which all states were required to enforce helmet laws in order to be eligible for various construction funding and federal safety programs. Many may argue over these incentives and the rules that followed, but the penalties for failing to wear a helmet remain steep.    

 

Categories
Car Accidents

Are infotainment systems doing more harm than good?

Most Tennesseans do not think twice about safety before starting a journey on the road; after all, the destination is the ultimate goal. However, forgetting basic driving safety precautions can prove highly dangerous, no matter how short the drive. Recent studies have revealed a distraction that has been the culprit behind countless car crashes: high-technology devices. 

Last October, The Washington Post speculated on high-tech devices in newer cars and their potential for distracting drivers. According to The Post, most of these devices take roughly 40 seconds to operate — 40 seconds of time in which a driver’s eyes are not on the road. If smart phones were not distracting enough, these devices contain features that allow internet searches and social media interactions, pulling attention further away from the road. Experts claim these infotainment systems could be safer if they came with certain limitations while the vehicle is moving. The warnings of such devices are not unfounded, either; The Post shares that the number of people killed in crashes in 2016 increased by 40,000.

Consumer Reports also expresses concern over high-tech car features, using a 2017 study from the American Automobile Association to show that entering information into navigation systems and texting were the two leading causes of accidents the previous year. The most distracting devices, according to CR, were found in luxury model cars. This information is hardly shocking — the National Highway Traffic Safety Administration released a set of guidelines warning automakers of these dangers years ago. However, CR criticizes the efforts of the NHTSA, arguing that their proposed solutions were antiquated in comparison to new and innovative technology. The use of technology in cars may be here to stay, but CR leaves audiences with the advice to always learn about infotainment systems before hopping behind the wheel.   

   

 

 

Categories
Car Accidents

Tennessee’s texting and driving laws

Texting and driving has become such a commonplace term in recent years that many drivers no longer hear its message. As technology continues to blend into the everyday lives of Tennesseans, however, warnings about distracted driving become all the more crucial. As technology changes, so, too, do the laws that surround cell phone use while driving. 

The Tennessean shared last August that, as of January 2018, handheld phone use in active state school zones is illegal. Even reading texts in these zones can land one in trouble with the law in Tennessee. Law enforcement officers behind this new regulation argued that the focal point of school zones should revolve around one aspect: the safety of children and other pedestrians. Not only does cell phone use slow down school traffic; it can pose a serious safety threat to all others on or near the road. The Tennessean goes on to share the new law comes with steep penalties, with a first offense resulting in a Class C misdemeanor and a fine of up to $50. An exception lies in the device itself, and drivers over 18 using a hands-free device do not face such penalties. 

The website for the National Conference of State Legislatures provides additional details on the ongoing changes in the nation’s texting and driving laws. Although no state fully bans cell phone use while driving, some hold varying regulations on the extent of cell phone use behind the wheel. The Legislature adds from the aforementioned rundown of recent Tennessee laws by noting that the new regulations apply to school bus drivers, learner’s permit and intermediate license holders. The website provides further information on texting and driving laws in each state and, while they may seem strict, they work to keep everyone on the road safe.