Author: Anthony Proffitt

If you become involved in a Tennessee car crash, there are several things you should do immediately afterward. There also are several things you should not do. As FindLaw explains, the most important thing you should not do is leave the scene until law enforcement officers authorize you to do so. Leaving too soon could put you at risk for charges of leaving the scene or even hit-and-run.

Naturally the first thing you should do is check yourself and your passengers for injuries. If any of you are in pain, feel dizzy or have an obvious injury, call 911 immediately and request assistance from both first responders and law enforcement. If someone is seriously injured, do not attempt to remove him or her from the vehicle unless confronted with a life-threatening situation such as a fire, downed power line, rising flood waters, etc. Moving an injured person can exacerbate his or her injuries.

Collect information

After checking all other drivers and passengers for injuries, begin exchanging information with the other drivers including the following:

• Names, addresses and telephone numbers
• Driver’s license numbers
• License plate numbers
• Insurance company contact information

While talking with the other drivers, maintain a friendly and cooperative atmosphere, but never assume guilt for the accident, actually or impliedly, even if you think you might have been responsible for it. Everyone’s emotions run high after an accident and people are quick to assign blame. Do not participate in any of this speculation. None of you yet knows exactly what happened and it is not your jobs to determine that. The law enforcement officers and insurance adjusters perform that duty after their investigations.

Talk to witnesses

If any pedestrians witnessed the accident, talk with them, get their contact information and jot down what they say happened. Do likewise with the drivers and passengers of any vehicles that stopped to help.

Take pictures

One of the best features of cellphones is their ability to take pictures. Use yours to photograph all the vehicles involved in the accident, including your own. Pay particular attention to their license plate numbers and any evidence of damage, both old and new.

Make a police report

Once law enforcement officials arrive at the scene, get the name and badge number of each officer. Answer their questions truthfully, but again, do not in any way admit or imply guilt. Be sure to obtain the accident report number and find out when, where and how you can obtain a copy.

This is general information only and not intended to provide legal advice.

Vehicles that drive themselves present a continuing fascination for Tennessee drivers and others across the nation. Once relegated to pure science fiction and battery-operated action toys, partially self-driving cars are today a reality, albeit a still imperfect one.

Witness the latest death that occurred in a Tesla Model X automobile. It crashed into a North Carolina highway divider in March, killing its driver. He had engaged the Autopilot feature that supposedly allows the car’s computer to make sure the vehicle stays not only within lane lines, but also a safe distance away from other vehicles. A similar fatal Autopilot accident, this one in a Tesla Model S, occurred about a year ago when the system failed to prevent the car from crashing into a truck that turned across its path. Tesla’s literature, however, consistently warns that drivers are responsible for keeping their eyes on the road, their hands on the wheel, and monitoring the Autopilot’s performance at all times.

Given that driver error causes upwards of 40,000 vehicle crash deaths each year in America, it is questionable whether or not all human beings are capable of driving safely, even with the assistance of computer technology. Not surprisingly, Tesla’s views on this subject differ from those of the National Transportation Safety Board. Both organizations immediately began investigating last month’s crash, but that joint effort quickly ended. Either NTSB kicked Tesla off the investigatory team or Tesla quit, depending on whose story you believe. The underlying issue? The NTSB believes in withholding assignment of blame until the end of the investigation, often two years after the accident. Tesla, on the other hand, believes in assigning blame as quickly as possible, especially when it believes the blame lies with the driver, not the Autopilot system. Barely one week after the March 23 crash, Tesla announced that per vehicle logs and surveillance systems, the driver’s hands were not on the wheel and he took no evasive action to avoid the highway divider. The NTSB was not amused and the organizations parted ways.

Whether or not the two killed Autopilot drivers were totally or partially responsible for their own deaths, there is no question that inattentive and distracted driving is a continuing national problem. Auto accident victims may well wish to contact an attorney to explore the possibility of obtaining compensation for their injuries.

Source: Wired, “Tesla’s Wild Fight with the Feds Investigating Its Autopilot Death,” Jack Stewart, April 12, 2018.

Residents in Tennessee and around the country understand why so many companies might seek ways to reduce the number of motor vehicle accidents that occur every year. While this may be a goal most people would agree with, the path to achieving this may not be something everyone is in agreement with. The United States Department of Transportation indicates that up to 94 percent of all crashes are influenced by some type of human error. This fact is often used to support the advancement of autonomous vehicles as the potential answer to traffic fatalities.

In an effort to help make self-driving cars a reality on American roads, the federal government is consciously limiting the amount of regulations it places on the companies developing these vehicles and the technologies associated with them. Some fear this opens the door to more risk for people who must share the road as guinea pigs with these vehicles as they are being tested.

There are many types of technologies and sensors that are used to make a self-driving car operate. Ultimately software must be programmed to teach the vehicle how to respond to different situations. Some question whether or not all situations can be accounted for up front and what a vehicle may do when confronted with a situation for which it has no program. It is this type of situation in which accidents may be more likely to keep happening.

When involved in a crash with a human-driven or self-driven car, people in Tennessee may want to talk with a lawyer to learn about their options. 

Source: Curbed, “Driverless cars: Are they safe for our cities,” Alissa Walker, April 3, 2018

Most Tennesseans have heard it all before: drowsy driving is dangerous driving. Despite these warnings, thousands of tired drivers hit the state’s roads each day — posing a threat to themselves and other drivers. While this issue is hardly a new one, there are recent studies that can help residents drive in a manner that is more alert — and, subsequently, in a way that is safer for everyone on the road.

The Governor’s Highway Safety Association sheds light on this nationwide problem, showing through a study that over 80 million exhausted Americans drive on the country’s roads every day. From that number, roughly 5,000 drivers died as a result. The GHSA considers the many ways states have made efforts to reduce this number of drowsy driving accidents, including those regarding legislative plans, education, engineering and enforcement. Some experts in law enforcement stress that officers should receive training to help them properly spot tired drivers on the road. Others pinpoint the source of the issue to sleep deprivation itself, stating that it is a critical element in safety practices. 

CNBC also comments on the frightening number of drowsy drivers on the road, nodding to the American Automobile Association’s statistic that shows that 1 in 10 car accidents is caused by a tired driver. It appears that the federal government has also misgauged the seriousness of the issue, as the numbers of drowsy driving-related incidents are much higher than expected. In a similar vein as the aforementioned source, CNBC also raises the issue of sleep deprivation in America; 29 percent of those surveyed from the AAA admitted to getting behind the wheel while barely able to stay awake. There may not be a single solution to this major problem, but Tennesseans can help reduce the number of accidents on the road by becoming more alert drivers themselves.     

It is a nationwide issue, and also one with which most Tennesseans are familiar: texting and driving. Although countless campaigns have circulated in efforts to spread awareness about the dangers of distracted driving, countless drivers succumb to this habit. Unfortunately, some drivers face serious repercussions as a result. What is the current outlook on texting and driving in America, and will the country ever see change? 

An article from USA Today also asks the aforementioned question, acknowledging that time spent in front of a screen is only increasing for most Americans. However, texting and driving has claimed the lives of thousands, despite the fact that, as shared by USA Today, 87 percent of surveyed Americans agreed that the habit is a dangerous one. Certainly disturbing, this statistic appears to reflect an overwhelming urge to use cellular devices while operating a vehicle, despite the risks. USA Today asks, can the country shake this bad habit? Some experts even trace smart phone addictions back to the ways they can reward the brain through the release of dopamine. Ultimately, the solution could require a process in which drivers learn to rewire their brains in regard to cell phone use.

Wired also weighs in on the dangers of texting and driving, noting that the issue is not simply a generational one. Instead, using a study from the AAA Foundation for Traffic Safety, Wired shows that drivers of all ages are guilty of this type of distracted driving. When it comes to other possible solutions, the answer could be found in the ways phones are engineered altogether. Wired states that a common goal of product designers, researchers and policymakers involves the instilling of limitations with the many uses of technology. For instance, some phones now come with a special “driving” mode that helps prevent drivers from becoming distracted. While the solution has sparked much debate, it is clear that there is a major issue regarding cell phone use behind the wheel.  

Many people in Tennessee might be quick to trivialize a whiplash injury but that is something that should not be done. Understanding whiplash is important as it can be associated with chronic pain and complications for some people.

According to WebMD, not all cases of whiplash result in pain or other symptoms immediately. It is therefore important for people who have been in motor vehicle accidents to pay special attention to their neck area for a while after a crash in case they experience a delayed onset of whiplash.

The Mayo clinic indicates that for people who do experience a fast onset of pain associated with whiplash, they may have a higher chance of chronic problems associated with the injury. Auto accidents in which a person is hit from behind are commonly associated with many instances of whiplash. Pain that extends from the neck through the arm may also be an indicator of longer-term problems.

It is important for people to know the difference between whiplash and next sprains. The former involves the muscles and tendons that attach muscles to the bones whereas sprains involve the ligaments that connect bones together. Short-term whiplash may last for a period of months but if pain and neck or muscle stiffness continues, people may need treatment for an extended period of time regardless of how minor the original accident seemed at the time. A reduced range of motion and pain when moving the head from one side to the other are just some of the symptoms people might experience.