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Author: Anthony Proffitt

Categories
Truck Accidents

Chattanooga accident nets litany of charges against truck driver

Take a short drive on any of the roads in Knox County, and one is bound to eventually see a semi-truck or tractor-trailer traveling alongside him or her at some point. Given the prevalence of these vehicles on the road, one may assume that there should be a much greater number of truck accidents reported than there actually are. Truck drivers should be credited with keeping accidents numbers low, as these men and women often prove to be very adept at controlling their vehicles. Yet in those instances were driver error or negligence does come into play, the results can be catastrophic.

Such was the case in a recent accident that occurred in Chattanooga. A truck traveling along I-75 struck several vehicles, killing six people in the process. A subsequent investigation by the National Transportation Safety Board revealed that the driver had been in violation of his federally-mandated operating restrictions. It was shown that leading up to the accident, he had been driving for more than 15 uninterrupted hours. Aside from exceeding his allotted consecutive work hours, he was also accused of having drugs in his system at the time of the crash. He is also believed to have been speeding. Not only has his alleged gross misconduct placed him in the position of facing numerous criminal charges, but two parties involved in the accident have already filed lawsuits against him and the company he was driving for.

In some truck accidents, any negligence shown by the driver could potentially be as apparent as it would appear to be here. In other, it might not be so. Yet regardless, the need for compensation for accident victims may not be diminished. Those needing such assistance may wish to consult with an experienced personal injury attorney.

Source: Chattanooga Times Free Press “Truck driver in fatal I-75 crash faces drug trafficking charges in Kentucky,” Shelly Bradbury, Aug. 10, 2015 

Categories
Car Accidents

The dangers posed by drowsy drivers

When it comes to dangerous driving in Knoxville, most are familiar with the problems associated with drunk or distracted driving. However, much debate exists over drowsy driving. While there may be little to argue about in terms of the wisdom of driving while one is obviously tired, most people still believe that their motor skills are immune to fatigue. Yet statistics seem to counter that line of thinking.

Information compiled by the Centers for Disease Control and Prevention shows that roughly 2 percent of all injury crashes and 2.5 percent of fatal car accidents in the U.S. involve drowsy driving. Their information goes on to show that of a survey of more than 150,000 drivers, over 4 percent admitted to having fallen asleep while behind the wheel within the last 30 days. However, it’s believed that the problem presented by drowsy drivers is actually much worse. That’s because many cases likely go unreported, as those whose drowsiness causes accidents may be afraid to admit their fault.

How much of a danger can drowsy drivers pose? The CDC estimates that after being awake for 24 consecutive hours, one’s cognitive function is impaired to the point of being comparable to a blood-alcohol content level almost .10 percent over the legal limit in most states.

Tennessee policymakers have recently taken action to try and mitigate the dangers posed by these drivers. According to OpenStates.org, legislation was introduced in early 2014 that proposed adding fatigue to the last of factors attributing to vehicular homicide. If and when this proposed bill passes, those who violate it could face a Class E felony charge. Yet even in the absence of criminal charges, victims of drowsy driving accidents may still have the right to pursue compensation from those who caused their collisions. 

Categories
Car Accidents

How can you handle roadway emergencies?

Dealing with accidents or roadway emergencies can be scary. It might shake a person so much that they are not certain what to do. However, being caught unaware can cause even more problems on the road. Because of this, it is best to be prepared.

There are many different tips for handling emergencies on the road. The Department of Safety and Homeland Security has stated that one of the first things drivers can do is dial *THP (*847) for emergency assistance. This directs drivers to the nearest trooper dispatch. While 911 can also be used in emergencies, *847 could get a driver faster help due to the fact that the dispatchers are closer to their location.

In order to alert other drivers to the fact that an emergency is occurring, it is suggested to turn on the emergency flashers first. This is the most universal sign of distress. Hanging something white from the window or antenna can also help, as can popping open the hood of the car.

Another good tip is for drivers to always be aware of their location on the road. If an emergency strikes, they will need to know how to get off of the road quickly and safely. Always aim for the right shoulder and keep tires facing to the right so as to keep the vehicle from drifting into traffic if the brakes fail. Never stop on a bridge if it can be avoided. This is a dangerous place to be and can cause more accidents. It is also advised for drivers to never slam on their brakes, but to simply take their foot off of the gas gradually and guide the car to a safe location.

These are just a few of the tips that can help all drivers universally. Following these tips may make any drive a safer experience.

Categories
Drunk Driving Accidents

Brick mailbox damaged by DUI; teen faces several charges

Many people are well aware of the fact that drinking and driving can come with severe consequences. However, most people are usually concerned about the possibility of hitting another driver while on the road.

However, a person can get into just as much trouble if they end up hitting someone else’s property. One recent case highlights this. An underage driver ended up colliding with someone’s mailbox after they had been drinking. The teen is now facing charges such as leaving the scene of an accident, failing to report the accident, as well as underage consumption charges and a DUI charge. It is not yet known whether he may face property damage charges as well.

Though the teen only hit a mailbox and ended up damaging both the mailbox and his own vehicle, he will still have to face a number of charges.  He was found by police at an intersection due to the fact that the damage on his car essentially tipped off a bystander to the fact that he might have been driving while under the influence. Reportedly, police received a concerned call about him while he was parked at a street light. This is where he was found. Though he could not recall what he had hit or where he had been, police also located the ruined mailbox quickly as well.

Property damage is quite serious, though it is not often considered in the same light that bodily injury. That does not mean that one will not face any consequences if they drive drunk and only strike another object rather than a person or another vehicle.

Source: News2, “Teen faces DUI charges after crashing into mailbox in Hendersonville,” July 30, 2015

Categories
Car Accidents

No charges yet in fatal Jackson accident

Fatal accidents can cause heartache, as well as financial strife for those who are left behind. People who are seeking compensation for an accident understand how difficult it can be to deal with the emotional impact of a tragedy while also handling the monetary aspect.

Unfortunately, this might be the case for the Hogan family. The parents, Jay and Julie Hogan, were recently killed in a crash that is still under ongoing investigation. No charges have been made yet. This is because the events leading up to the accident are still a mystery. In order to determine what occurred, police have brought in traffic crash reconstruction specialists. They are working together to reconstruct the accident and scientifically prove what occurred. After the entire thing is documented, it will be determined whether or not charges should be filed.

So far, it seems that the Hogan’s vehicle was struck while the driver was attempting to turn left. A car heading west struck its side. The driver of that vehicle was sent to the hospital with injuries, but it has been reported that a full recovery is expected for her. On the other hand, both of the Hogans suffered from severe injury due to the accident. They both passed away due to their injuries.  Their autopsy information is being used in order to help crash reconstruction specialists get a better idea of what occurred in the accident.

However, they are leaving behind children. This is usually a fear of people when they consider the possibility of getting into accidents, as a sudden tragedy can leave a family without support. 

Source: The Jackson Sun, “’A terrible tragedy’: Jay and Julie Hogan killed in Vann Drive crash,” Nathan Handley, July 31, 2015

Categories
Truck Accidents

Dealing with the medical bills after an accident

Getting into an accident with a commercial semi-truck can be devastating. This is because the size of a semi-truck likely dwarfs your car, since they are almost consistently the largest vehicles on the road. Because of the size of the car and severity of the impact, you may be left facing some permanent issues.

Potential physical issues are one of the first concerns that you might have. If you have been in a severe accident with a semi-truck, then you may also be facing severe damage. Physical damage from accidents can include things like broken or shattered bones, torn ligaments, and punctured organs. In more severe cases, it can include permanent disabilities. You may be facing a lifetime of limited mobility, or debilitating and painful injuries that will never fully heal.

If you are facing something like that, you will also be facing a hefty medical cost. You may not be able to cover these costs yourself, especially if you have needed to take time off of work in order to recover. This is why you may wish to file a lawsuit against the trucking company. If you are able to prove the trucking company at fault for your accident, you will be able to pursue medical compensation which may help you foot any bills you may have for medicines, surgeries and so on.

For more information on semi-truck accidents and what you can do if you or a loved one has suffered because of one, please visit our web page. There, you will be able to read more about this specific type of accident and its risks.

Categories
Truck Accidents

Are commercial truck drivers getting enough sleep?

It has been reported before, but it deserves reiterating: driving while fatigued is a dangerous thing. It can take a toll on a person’s ability to concentrate, and it can make driving on the road with them dangerous, as drowsy drivers can also be the cause of accidents due to a lowered reaction time or falling asleep at the wheel.

It can be especially dangerous for truck drivers to drive while sleep deprived or fatigued. The National Center for Biotechnology Information stated that truck drivers who are driving late at night or early in the morning are particularly susceptible to fatigue. However, an unfortunately startling fact was also learned. After surveying a portion of truck drivers while on their job, the conclusion drawn was that on average, commercial truck drivers were not getting the amount of sleep that they needed in order to perform their job safely.

The same study estimates that there are around 5,000 deaths a year that are due to commercial truck accidents. Over 110,000 people are injured in accidents that involve a commercial truck, as well. After the crash data was examined, it was determined that either complete or partial fatigue is responsible for up to 56% of the accidents that commercial trucks are involved in. Considering it should be crucial for truck drivers to be getting an adequate amount of sleep before hitting the road, this is a very problematic and concerning set of statistics.

Regardless, the one thing that can be done to help lower these numbers is for commercial truck drivers to get an adequate amount of sleep. This way, accidents can be avoided. Companies should therefore ensure that they are not overworking their employees.

Categories
Drunk Driving Accidents

Controversial campaign aimed at men for higher DUI rates

Crackdowns against drunk driving have been happening all across the nation, and Tennessee is no exception. When it comes to the toleration of drinking and driving, many governments are stepping their game up with stricter laws, harsher punishments, and more campaigns to raise awareness.

However, one recent campaign has sparked outrage among some. The campaign, reportedly aimed at the young male demographic, made sexist remarks that many people took offense to. The campaign was called out, at which point the state apologized for the offense. The official statement reported that it had not been the intent of the campaign to insult women. Rather, they were simply trying to get the attention of the young men. Opponents of the campaign believe that the message is lost behind the sexist remarks.

Shortly after the apology was made, the Governor’s Highway Safety Office released data showing that young men were up to three times more likely to be arrested for DUI than women. They claim that this is the reason their campaign had been directed at young men. From 2010 to 2014, it was stated that roughly 20,118 men were arrested for DUI. Compared to that, 6,709 women were arrested for DUI in the same time period.

The campaign has since been canceled, and items from it are no longer in circulation. Additionally, any items that were placed in bars have since been removed. It is unknown whether or not another campaign will be launched to reach the same audience, but without the sexist undertones that got this campaign sunk.

Source: WBIR, “TN data shows men arrested for DUI at higher rate than women,” Becca Habegger, Mark Bergin, July 21, 2015

Categories
Motorcycle Accidents

Motorcycle accidents that can lead to wrongful death charges

Motorcyclists face a lot of danger when they are on the road due to how exposed they are. While they may not be as at-risk as pedestrians or people on bicycles, the changes of running into severe or even lethal damage is still high. If your loved one has been killed in an accident while on their motorcycle, it is possible that you may be able to file a wrongful death suit for financial compensation.

The term “wrongful death” is legally used to distinguish between a death that was caused by an accident that no one single party is responsible for, and a death that was caused by an accident due to someone’s negligence. For example, if your loved one was killed in a motorcycle accident, you will need to discover who is at fault for the death through questioning liability. These questions will unearth whether or not the accident was caused by faulty manufacturing, design faults, driver inhibition or other negligence from any party involved.

The most difficult part about filing for a wrongful death case and succeeding is proving that the case was truly one of wrongful death. However, if you are able to prove that, then you will be able to get financial compensation. This can help you through the difficult period of mourning and grief following your loved one’s accident, as it may help to support costs of the funeral as well as make up for any lost income. Insurance coverage and medical bills can also be taken into consideration, upping the potential financial payout and possibly leading to a sense of closure.

To learn more about motorcycle accidents leading to wrongful death and what you can do if your loved one has been killed in one, please visit our web page. You will find useful information about wrongful death cases there.

Categories
Drunk Driving Accidents

Implied consent law and the consequences of refusing to comply

Many people are not aware of the implied consent law that applies to all drivers. This can be a problem for drivers who are asked to do a breath analysis test after being pulled over, because they may refuse and end up with more charges than they would have otherwise been dealing with.

The implied consent law, as stated by Washington legislature, is the law that allows police to legally ask for a person to take a breath test and lets them meter out additional punishment if that request is refused. This is because under the implied consent law, it is implied every time a driver gets behind the wheel of their car that they are consenting to the possibility of taking impairment tests if they are asked to do so. A failure to comply with the terms of the implied consent law means that the driver could face even more consequences, such as an immediately suspended license.

If a person refuses to take a breath test or impairment test when asked and they are already driving on a suspended license, they could be facing even more dire penalties. This is especially true if their license was suspended for an accident that ended in severe injury or death. These drivers could be sent to a jail or work house. They could have their license suspended or even revoked, and they may also face huge fines. Even those who are convicted of a DUI without a breath test will have to have an interlock device installed in their car.

On a whole, the consequences of not taking a breath or impairment test when asked outweigh the possibility of trying to avoid incrimination by refusing to take the test.