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Author: Anthony Proffitt

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Drunk Driving Accidents

Does Tennessee have dram shop laws?

The National Conference of State Legislatures explains that 30 states have enacted dram shop laws. These laws provide a potential source of compensation for drunk driving victims. If a business served alcohol to someone who then drove while intoxicated and caused an accident, the injured parties in that accident may sue the business. Tennessee is among the 30 states which allow dram shop liability lawsuits. 

Tennessee’s dram shop laws require victims (also called plaintiffs) to first and foremost prove that their injuries stemmed from the accident. Then, the plaintiff must link the defendant business to those injuries. Under Tennessee laws, the proximate cause of drunk driving accidents is the DUI driver’s consumption of alcohol. In other words, the general presumption is that a DUI driver causes accidents by consuming alcohol.

To successfully bring a dram shop case, plaintiffs need to overcome this presumption. Doing so requires establishing that the business sold or served alcohol. This alcohol must have been provided to a person below the legal drinking age. Alternatively, the victim may show that the defendant sold or served alcohol to an obviously drunk person.

Plaintiffs must also prove that their injuries were proximately caused by the business’ sale or distribution of alcohol. This is generally a jury question. The jury members must determine that the business’ actions were connected to the traffic accident. This link must be sufficient to hold the business liable for the plaintiffs’ injuries.

Should a plaintiff successfully file a dram shop lawsuit, it may be possible to obtain damages which address the emotional, financial and physical losses that they suffered. 

Categories
Fatal Motor Vehicle Accidents

2-vehicle accident kills Tennessee teenagers

Tennessee teenagers can feel invincible, especially if they have recently learned to drive. Unfortunately, the roads can be a dangerous place. In a split second, a fun ride with friends can quickly turn tragic. When such accidents occur, the family members of the deceased are often left dealing with grief and anger. This is especially true when the accident was caused by a drunk driver.

Two 17-year-old girls were killed a DUI car accident. The teenagers both attended school in Memphis, Tennessee. Reports do not offer details regarding the girls’ injuries. It is unclear from reports whether the deceased girls were pronounced dead at the scene or were transported to a hospital first.

The girls were traveling in a vehicle with three other people. Two of these were also hurt in the crash, but their injuries were not life-threatening. The fifth person did not suffer any injuries. Reports do not clearly explain the relationship between these five people.

The other vehicle was driven by a 32-year-old man from Mississippi. He has been charged with DUI death and DUI injury. Reports do not state whether any other people were riding in this man’s vehicle at the time of the accident.

If you are struggling with emotional and financial losses brought on by the untimely death of a loved one, pursuing wrongful death litigation may be helpful. These types of civil lawsuits may provide peace and a sense of justice to those left to pick up the pieces after a tragic death. Succeeding with such a lawsuit may offer you and your family closure. If you want to gain a better understanding of wrongful death lawsuits, it may be helpful to speak with an attorney.  

Source: wbbjtv.com, “Arrest made in fatal accident involving Memphis teens,” June 1, 2015

Categories
Motorcycle Accidents

Motorcyclists’ injuries often more severe then motorists’

When motorcycle collisions occur in Tennessee, motorcyclists often suffer more severe injuries than motorists. Here at Pryor, Priest and Harber, we have seen firsthand how devastating these injuries can be. We have years of experience in helping motorcyclists win compensation for such injuries.

 Injuries which motorcyclists may suffer include head trauma. One of the most severe outcomes of head trauma is a traumatic brain injury. According to the National Institute of Neurological Disorders and Stroke, severe TBI symptoms may include persistent headaches, vomiting, convulsions loss of coordination and slurred speech. In some cases, TBIs may result in persistent vegetative states. A patient in a PVS may remain in a vegetative state for one month or longer.

Motorcyclists may endure injuries to their spinal cords, necks and backs. Broken bones and severe lacerations (commonly known as road rash) may also result from crashes.

All of these injuries may incur substantial financial loss for motorcyclists. Medical expenses, rehabilitation costs and the inability to work for prolonged periods can all add up to a substantial financial burden. If a motorist was responsible for the crash, some or all of these costs may be covered by a personal injury lawsuit.

In the worst case scenarios, motorcycle accidents may prove fatal. When this occurs, the family of the deceased motorcyclist may have grounds to file a wrongful death lawsuit against the motorist who caused the crash.

To learn more about the types of compensation available to injured motorcyclists, please visit our page on motorcycle accidents. 

Categories
Motorcycle Accidents

What is road rash?

Motorcycle crashes are sometimes caused by negligent motorists. These accidents may result when motorists engage in distracted driving behaviors or fail to yield when motorcyclists have right-of-way. When such collisions occur, motorcyclists may suffer a variety of injuries, including road rash.  

A definition of road rash is offered by UWHealth.org, which is run by the University of Wisconsin Hospitals and Clinics Authority. According to UW Health, road rash injuries are abrasions which result from an accident. Superficial road rash usually heals in two weeks or less, as long as the wounds are kept clean. In some cases, the abrasions will penetrate through all layers of skin. When this occurs, skin grafting may be required in order for the wound to heal.

Caring for a road rash injury may be an involved process. UW Health advises that patients wash and dress these wounds on a daily basis. The area must remain clean and free of bacteria in order to heal properly.

Road rash may produce substantial pain in accident victims. Depending on the situation, a prescription pain reliever may be prescribed by a physician. UW Health recommends that pain medication be taken approximately one hour prior to tending to wounds. Additional pain treatments may also be used in between wound dressings.  

If road rash does not heal within the expected time, UW Health recommends that patients visit their physicians. The wounds may be deeper than initially suspected and may need to be reevaluated by a medical professional.  

Infection is a serious concern for road rash patients. Signs of infection, such as increased swelling, flu-like symptoms or foul-smelling pus should be reported to physicians. 

Categories
Fatal Motor Vehicle Accidents

3 children die in Tennessee crash

Car accidents occur on a regular basis in Tennessee. Many of these are minor and result only in a few scratches on a bumper. Some accidents, however, produce life-altering outcomes. In the worst case scenarios, one or more fatalities may result from a single accident.

Three young boys died as a result of a fatal car crash involving a sport utility vehicle and a minivan. The boys were 1, 8 and 13 years old. The crash, which occurred on a Tennessee highway, also caused the deaths of three others. The relationship between these six people was not disclosed in reports. Three more people were also injured in the accident. Reports do not indicate how serious these injuries are.  

The accident occurred when the SUV crossed into oncoming traffic and struck the minivan head-on. The minivan had been carrying eight people. It is unclear from reports how many people were riding in the SUV.

Reports do not offer any details on why the SUV crossed out of its lane or whether law enforcement authorities believe intoxication was a factor in the accident.   

Car accidents are often tragic, but they are especially heartbreaking when they involve the deaths of children. When these collisions are caused by the negligence of another driver, the families of the deceased often seek justice for the untimely deaths of their loved ones. If you have lost a relative in a fatal car crash, you may have the right to file a wrongful death lawsuit. Speaking with an attorney may help you determine whether pursuing this type of litigation is a good option for you and your family.

Source: news.yahoo.com, “Six people killed in two-car crash on Tennessee Highway,” May 8, 2015

Categories
Car Accidents

Hands-free phones cause cognitive distraction

Many states, including Tennessee, are grappling with the issue of distracted driving. To combat distracted driving behaviors, legislators in multiple states have passed laws prohibiting the use of handheld cellphones while driving. It is likely that many of these legislators were acting on the presumption that hands-free phones and devices are safe. However, a recent report indicates that this may not be true.

The American Automobile Association Foundation for Traffic Safety has found that those who use hands-free devices while operating vehicles can still experience cognitive distraction while driving. This is a specific type of distraction which carries distinct safety concerns.

The AAA report explains that hands-free phone use is only slightly less distracting than handheld options. The study also notes that the worst cognitive distractions stem from speech-to-text systems.  Many may find this surprising, as such systems allow drivers to have both hands on their steering wheels and keep their eyes focused on the road.

A National Safety Council white paper, published in 2012, supports AAA’s findings. The NSC paper states that drivers who used cell phones—whether handheld or hands-free—quadrupled their chances of being in a car accident which produced property damage and personal injury. The NSC white paper attributed this increased risk to inattention blindness. Inattention blindness is a term used to describe drivers’ inabilities to process information about their driving environments, despite the fact that they are physically able to see the objects surrounding them. Common results of inattention blindness are lane deviations and slower reaction speeds.

Categories
Drunk Driving Accidents

Even one drink can affect older drivers in Tennessee

As the body ages, it is less capable of breaking down alcohol. The U.S. Department of Health and Human Services notes that older people in Tennessee and around the country could be at a higher risk for unknowingly driving while intoxicated because of the following: 

  •        Older bodies do not metabolize and absorb alcohol as quickly as younger bodies can.
  •        The elderly are more likely to have health conditions that alcohol will exacerbate.
  •        Medications that are prevalent among the elderly do not mix well with alcohol.
  •        The aging process leaves less water in the body, which can lead to a higher blood alcohol concentration.

Researchers from the University of Florida decided to test the difference between the effects of alcohol on people ages 25 to 35 and those ages 55 to 70. Both groups took a driving test in a controlled environment while sober. The participants then drank either a non-alcoholic drink or a beverage that would raise their alcohol content to a legal level but one that a breath test would register.

After having the drink, the participants took the driving test again. Researchers found that the elderly people had poorer precision and exhibited signs of impairment, while the younger participants scored well.

The finding is a necessary reminder that inebriation can begin after just one drink. As countless studies and real-life accidents have shown, alcohol and driving simply do not mix. Anyone who gets behind the wheel should be aware of their risk factors for causing a drunk driving accident, which includes how old they are.

Categories
Car Accidents

What are Tennessee’s distracted driving laws?

According to the Governors Highway Safety Association, there is currently no statewide ban on handheld devices for drivers in Tennessee. However, if you live or drive here, you should be familiar with some the distracted driving laws that are in place, such as the following:

  •        It is illegal for any driver to text behind the wheel in Tennessee.
  •        School bus drivers are not permitted to use handheld devices while there are students on board.
  •        Motorists who have either intermediate licenses or learner’s permits may not use a cell phone while driving.

The penalties for breaking these laws may include a fine and possibly a suspended license, if the behavior results in a serious traffic violation or accident.

Far worse, using a phone behind the wheel can lead to injury and even death. According to the Tennessee Department of Safety and Homeland Security, there were more than 21,000 crashes attributed to distracted driving in 2014. The agency reports that thousands of people lose their lives every year due to driver inattention.

Some drivers believe that using hands-free or wireless communication devices are a safer way to have a conversation while on the road. However, the AAA Foundation for Traffic Safety released a report that found that this kind of technology still takes a driver’s focus off the road and increases the risk for an accident.

Experts suggest avoiding all distractions while driving, which includes texting, talking on the phone, eating and grooming.

While this information may be useful, it should not be taken as legal advice.

Categories
Motorcycle Accidents

The statute of limitations on personal injury claims in Tennessee

The victims of accidents in Tennessee must act relatively quickly to ensure that their claims will not be dismissed due to legal technicalities such as statutes of limitations. As explained by Cornell University Law School’s Legal Information Institute, statutes of limitations place limits on the amount of time a party has to initiate a lawsuit.  The laws establishing these time limits will vary by state and may also differ based on the type of claim.

Tennessee’s statute of limitations for personal injuries is described in the Tennessee Code, available through the Tennessee General Assembly website. In section 28 of the code, it states that those who wish to file a personal injury claim must do so within one year of the accident. This time limit is different for personal property compensation. If someone is trying to file a claim for damage to a vehicle or other form of personal property, the statute of limitations is three years.

It is important to note that certain exceptions may affect statutes of limitations. Minors, for instance, may be able to extend the time period in which they may legally file a personal injury case. This is because statutes of limitation do not usually start to run until the injured person is 18 years old. This is illustrated in the following example:

A 14-year-old is in a car crash caused by a drunk driver. The crash occurs in January 2015. The victim turns 18 in March 2019. According to Tennessee law, this victim has until March of 2020 to file a personal injury lawsuit against that negligent driver.

Statutes of limitations are technical matters, but they are very important. As such, those who wish to file civil cases may find it beneficial to familiarize themselves with these laws. 

Categories
Drunk Driving Accidents

Penalties for drunk driving in Tennessee

At the law office of Pryor, Priest and Harber, we appreciate how difficult it can be for Tennessee residents to recover from accidents caused by drunk drivers. Such collisions may leave victims with serious physical injury, financial loss and psychological trauma. While nothing can undo the harms of a drunk driving accident, there are penalties for those who drink and drive.

As the Tennessee Department of Safety and Homeland Security explains, there are severe consequences for those convicted of drinking and driving in this state. The fines and sentences associated with a DUI conviction will depend on whether the driver has prior convictions of driving while intoxicated.

First-time offenders will be sentenced up to 11 months and 29 days in jail if their blood alcohol content levels were less than 0.20. Their licenses will be revoked for one year, and they will be ordered to pay $350 to $1,500 in fines. Offenders with BAC levels higher than 0.20 will be sentenced to at least 7 days of jail time, which must be served consecutively.   

If a driver had one or two prior DUI convictions, the penalties will be more severe. The jail time, fines and license revocation periods will all be higher than they would be for first-time offenders.

Those with four or more DUI convictions will face class E felony charges. Convictions on such charges may result in a maximum prison sentence of one year. Additionally, the offender may be required to pay a $3,000 to $15,000 fine. An eight-year license revocation will also apply.

In addition to these criminal penalties, the victims of drunk driving accidents may be able to seek compensation through civil actions. For more information on the civil remedies available to drunk driving victims, please see our page on car accidents.