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Author: Anthony Proffitt

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Truck Accidents

Who is liable: the trucker or the carrier?

Say that you are traveling along one of the roads in or around Knoxville, and you are suddenly struck by a large semi-truck. You or your passengers, and given the massive size of the vehicle that struck you, there is likely significant damage to your own car. Suddenly, you are looking at medical expenses and repair costs which could easily exceed your auto insurance coverage limits. You may be left with little choice but to seek compensation. The question is who is responsible: the truck driver or the company he or she works for?

If he or she states that he or she is an independent contractor, you have your answer: liability lies solely with the driver. The same is true if the driver was off duty and was driving around looking for a bite to eat or a place to rest after having completed a route. In such a scenario, it may be difficult to argue that he or she was acting as an agent of his or her employer.

There is a legal concept that does allow vicarious liability to be assigned in such accidents, however. It is known as “respondeat superior.” According to the Legal Information Institute, states that an employer can be held liable for the actions of an employee that are done during the execution of his or her job responsibilities. Revisiting your truck accident, if the trucker was in the course of completing a delivery, such action qualifies as fulfilling this duties of his or her employment. Thus, in this situation, you may be able to hold his or her carrier responsible. Primary responsibility may still reside with the trucker, yet at least you know there is another potential source of compensation for you to pursue. 

Categories
Car Accidents

Examining the danger posed by eating and driving

Given the mount of local and national awareness that has developed over the dangers and penalties associated with drinking and driving in recent years, you likely feel pretty safe when traveling on Knoxville’s streets. Yet were aware that all around your, countless drivers are engaging in activity that can be just as dangerous as driving while intoxicated? Several of the clients that we here at Pryor, Priest and Harber have worked with have discovered the hard way the risk posed by those who choose to eat and drive.

You might immediately question what is the harm in eating while driving, yet it is not the effect that causes the risk, but rather the distraction. Data compiled by the Auto Alliance and the American Academy of Orthopaedic Surgeons recognizes three common types of distractions that occur while driving:

  •          Visual
  •          Manual
  •          Cognitive

If you take a moment to truly think about it, it while driving causes one to experience all three. Line of sight must be diverted when unwrapping packages or picking up food that has fallen. Hands are taken off the wheel to hold food. One’s attention is also impacted as he or she tries not to make a mess while eating.

Research shared by Exxon Mobil shows that as many as 70 percent of motorist may eat while driving. With so few seeing eating behind the wheel as problem, the likelihood that the person who struck you may have been eating might actually be quite high. Look for telltale signs that could indicate he or she indeed had been divulging in this distraction at the time of your accident.

More information on the dangers of distracted driving can be found here on our site. 

Categories
Motorcycle Accidents

How bikers can avoid injuries while riding in the rain

One thing that bikers in Knoxville should not forget about before they take to the streets is the dangers of riding in the rain. The summer is when “60 percent of fatal motorcycle accidents occur,” states Cars.com. Rain, construction, bad driving behaviors and other factors are all contributing factors. Wet weather conditions make the roads a more challenging terrain to drive on for all types of motorists. However, motorcyclists are more likely to crash their bikes and suffer serious injury than other types of drivers. 

Here is a brief overview on how motorcyclists can stay safe when riding on wet roads.

Vehicle inspection and maintenance 

A common cause of motor vehicle accidents is mechanical failure. Riders should inspect their bikes before their trips and keep them serviced at regular intervals to reduce the risk of breakdowns and accidents. 

Allow more space between vehicles 

When the roads are wet, motorists need to drive slower and allow more space between their vehicles and others to prevent crashes. They should use their turn signals and avoid making sudden and risky maneuvers to keep other drivers from hitting them. 

Riding adjustments 

According to Sport Rider Magazine, changes in weather conditions require bikers to modify the way they handle their vehicles. For example, motorcyclists should apply their throttles gradually and smoothly to prevent riding complications. 

Adjust braking techniques 

Bikers should change their braking behaviors to accommodate for the change in road conditions. They should stop their vehicles earlier so they can avoid colliding with cars, trucks and other objects. Riders should avoid using too much force on their brakes to keep their vehicles slipping and crashing. 

Although the rain makes the roads less than ideal for bikers to travel on, it is possible for them to ride safely. By checking the weather before they start traveling, avoiding heavy rainfall, using safe riding techniques and taking care of their vehicles, they can avoid accidents and injuries in rainy weather.

Categories
Fatal Motor Vehicle Accidents

Car seat safety tips that could save your child’s life

A major source of injury for kids in Knoxville is car accidents. Many parents inadvertently risk their children’s safety by not taking extra precautions before they hit the roads. Vehicles are equipped with technology and mechanical devices to help protect the occupants inside in case of collisions. Experts recommend the use of car seats to protect young vehicle occupants. However, they are not enough to keep kids from becoming hurt and dying in car accidents. According to NPR.org, improper car seat and seatbelt use affect 20 percent of children in fatal motor vehicle accidents. Parents should learn how to properly restrain their children.

Here are some car seat safety tips to help reduce the risk of harm to children. 

Car seat selection and use 

Parents should take their kids’ age, size and weight into consideration when shopping for car and booster seats. Car seats are designed to offer kids the maximum protection from car accidents. “Babies and young toddlers should sit in rear-facing seats for as long as possible,” states Upworthy.com. There is the option to switch them to front-facing seats once they turn two years old. However, rear-facing seats offer more cushion and protection for their bodies. 

Check car seat straps 

Parents should adjust their kids’ car seat straps so they are snug and tight. Children should not be able to move around freely in their seats because their straps are loose. Kids should also not wear coats or bulky clothing when they are in car seats. 

It is necessary to secure car seats to vehicles to keep them and their occupants from becoming projectiles. Parents should review the instructions for LATCH and seat belt attachment. They can also benefit from visiting their local law enforcement agencies to have their vehicles and car seat installation techniques reviewed. 

By taking a more thorough approach when installing their children’s car seats, parents can protect them from the dangers of car accidents. They should also drive safely, stay attentive to the roads and practice proper seat belt use themselves.

Categories
Truck Accidents

Understanding mechanical failures in truck accidents

When people in Tennessee read about truck accidents, they usually do not think about all of the factors involved in driving a semitruck. While many people might think that negligence is usually involved in these accidents, there are times when mechanical failures play a role.

As in other industries, truck drivers are expected to adhere to certain safety standards. The Department of Transportation says that before beginning a day’s drive and after they finish, truckers must go through a checklist to catch mechanical failures before they occur. The brakes, coupling devices and tires are some of the parts checked each day; the list also includes parts such as sliding locks and the horn. While some people may think that these parts do not need to be checked twice a day, proper maintenance is crucial to maintaining the safety of the trucker and other drivers on the road.

Even with such rigorous testing, there are times when these parts may experience mechanical failure and cause an accident on the road. According to CrashForensics.com, one of these is brake failure. However, a complete breakdown of a braking system is rare. When braking system deficiencies occur, they can cause an accident if a driver needs to stop or slow down suddenly on the road.

If a truck driver is in an accident because the brakes did not respond properly, some truckers might think something is wrong with the entire braking system. However, most of the time braking deficiencies are problems with one part. A truck’s brakes may be misadjusted or the brake calipers might stick. There may also be oil in the braking system.

Categories
Truck Accidents

Lowered BAC limits attempt to prevent truck accidents

Sometimes, the biggest danger on Tennessee roads can be the other drivers traveling around you. This can be especially true if those vehicles are large trucks. If you are involved in an accident with semi-trucks and other large vehicles, their increased size and weight can mean more serious injuries and fatalities. To keep this from happening, lawmakers have created stricter laws for truck drivers to follow. We at Pryor, Priest and Harber have experience representing drivers who have had collisions with large trucks and can help you receive the compensation you deserve.

 

One of the most common factors in car accidents is alcohol. In an effort to prevent these accidents from occurring with large trucks, officials at the Federal Motor Carrier Safety Administration have decreased the blood alcohol concentration that truck drivers are allowed to have. While other drivers are still within legal boundaries with a BAC of 0.08 percent, truck drivers must keep their levels below 0.04 percent to legally drive.

 

The penalties that truck drivers will face if they do not follow this rule are severe. A single DUI citation can mean a loss of both commercial and non-commercial licenses, jail time or a fine. This can mean that commercial drivers will not be able to operate their truck and will may lose their ability to work. Employers must also be notified of any traffic violations within 30 days, and many do not employ drivers with citations for drunk driving.

 

This law aims to reduce the chances that a large truck will be involved in a collision with a smaller vehicle and prevent the damage that can follow. For more information on this topic, please visit our web page.

Categories
Car Accidents

Drugged driving on the rise nationwide

As people across Tennessee and the nation watched the story unfold of champion golfer, Tiger Woods, being arrested near his home for a DUI, a spotlight was shined on a problem that is currently plaguing our roads and highways. As the Palm Beach Post reports, more crashes that result in the death of the driver now involve drugs, both prescription and illegal, than involved alcohol. In 2015 the number of drivers who died with drugs in their system is 43 percent, and alcohol is 37 percent. In 2005, the amount of drivers who died with drugs in their system was only 27 percent.

As The Atlantic explains, a recent study found the 20 percent of drivers had used a prescription drug in the past 48 hours. The most commonly used were antidepressants, sedatives and painkillers. Illegal drug use is also up among drivers on nights and weekends. In 2007 only 12.4 percent of drivers were found to be driving with illegal drugs in their systems, but by 2013 that number was up to 15.1 percent. Marijuana use is the most common, in 2007 8.6 percent of drivers tested positive for THC and in 2013 that number had jumped 48 percent, all the way up to 12.6 percent of night-time and weekend drivers testing positive.

With prescription drug use up amongst Americans, it is important to realize that having a prescription from a doctor does not mean a drug is safe to use while driving. Although alcohol has measurable limits within the law for when it is acceptable to drive, neither prescription drugs nor illegal drugs have limits in most states. This makes it difficult for law enforcement, who are increasingly pulling over motorists who do not realize or do not care that they should not be driving while taking a certain drug.

Categories
Car Accidents

More accident claims filed after pot legalized in three states

While Tennessee has not joined the ranks of the states that have legalized the recreational use of marijuana, that does not mean that plenty of Tennessee residents may not be headed to those states as part of their summer vacations. At the same time, it is a reality that illegal use of marijuana may well happen in Tennessee and that illegal use may include people driving after consuming the drug. In either of these situations, innocent people may be at risk of being involved in an accident caused by a drugged driver.

An agency that performs insurance research, the Highway Loss Data Institute, conducted a study taking a look at accident insurance claims in multiple states, including three states where pot had been legalized for at least part of the time during the study. What the institute found in its analysis that Washington, Oregon and Colorado all saw jumps by more than two-and-a-half percent in the number of insurance claims filed for motor vehicle accidents after marijuana was legalized versus before.

The study included some time before pot was legalized as well as some time after. It also compared data from those three states to data from states where marijuana was not legally able to be used recreationally.

When on the road this summer, Tennessee residents who are involved in accidents and believe another driver may have been under the influence of a substance may want to reach out to an attorney to learn how to get help in this situation.

Source: NBC29.com, “Insurance study ties legal pot to boost in car crash claims,” Solomon Banda, June 21, 2017

Categories
Car Accidents

Are you too sleepy to drive?

When you think about car accidents, you may feel the only dangers you should worry about are drunk, distracted and aggressive drivers. But did you know you could be a danger to yourself and other motorists if you are feeling fatigued behind the wheel? According to CBSNews.com, “sleepy motorists are just as dangerous as intoxicated/drunk drivers.” Drowsy driving is a very common occurrence that increases the number of driving errors motorists make and motor vehicle wrecks on the roads. 

It is important for you to know what signs to watch for so you can protect yourself and everyone else. 

Signs you are too drowsy to drive safely 

If you find yourself yawning or blinking excessively, you should get off the roads. Some medications have side effects that cause drowsiness. Observe your body’s response to any medications you are on. If you feel tired or fatigued, you should wait until you feel more alert and awake before you get behind the wheel. Other signs that indicate that you are not rested well enough to drive include drifting in your lane, driving past your exit or destination and trouble remembering where you are going. 

Make sure you get enough sleep at night before you head out for the day. If you are a shift worker, you should try to incorporate a few naps into your schedule in addition to your regular rest time. If you find yourself losing focus or becoming sleepy while operating your vehicle, you should pull over to somewhere safe so you can close your eyes for a few moments to take a nap. If a roadside nap is not possible, have another licensed motorist take over your driving duties so you can rest while traveling. It is important for you to realize that rolling your window down and listening to loud music are not effective ways to keep you awake when you are too drowsy to drive. With a little preparation and more rest, you can avoid falling asleep behind the wheel.

Categories
Fatal Motor Vehicle Accidents

Childhood Car Accident Fatalities: Improper Use of Restraints

When car accidents happen in Knoxville, many people do not realize how much of a risk they pose to children. Kids under the age of 15 are more likely to die from unintentional injuries they sustain from car accidents, states NYTimes.com. There are many factors that contribute to their deaths during motor vehicle wrecks. But the most primary reason children are at risk of dying in car accidents is the improper use of seat belts. 

Here is a brief overview on fatal car accidents involving children. 

Factors that contribute to childhood car accident deaths 

Young children must wear seatbelts, be properly restrained in approved car seats and ride in the rear seats of vehicles so they can stay safe when car accidents occur. When drivers fail to check their young passengers to ensure they are properly restrained, their risk of injury and death skyrocket tremendously. According to a recent study on NPR.org, the car accident fatality rate for children who were not sitting in child restraint systems, the back seats of cars and wearing seatbelts was 43 percent.

Motorists can help lower the fatality rate for kids who are involved in car accidents by making sure their young passengers are sitting in the right areas of their vehicles. They should learn their local child safety restraint laws to ensure they are following them. Drivers should also double check their young companions’ seat belts and car seats to ensure they are properly secure before they get behind the wheel. Other ways they can protect their young passengers include driving defensively, avoiding distractions, staying focused on the roads and avoiding aggressive and drunk drivers.