Author: Anthony Proffitt

Whiplash is one of the most common traumas sustained by people who are involved in automobile accidents. The injury is caused at the moment of collision when a sudden, forceful jerking of the head forward and backward or side to side causes damage to the structures of the cervical spine.

The condition encompasses injuries to the neck that most often include strain or over-stretching of the muscles and tendons around the cervical spine. The ligaments around the vertebrae are often torn, resulting in a sprain. Less commonly, the vertebral discs may bulge or rupture. Trauma to the nerve roots may cause them to tear or become irritated. In more severe cases, the vertebrae may be fractured or pushed out of the line of the spinal column.

According to the American Chiropractic Association, whiplash symptoms do not usually develop at the scene of the accident and may take upwards of 48 hours to appear. The most common complaints from victims are headache, neck pain and muscle stiffness. Other symptoms that may occur include dizziness, nausea, blurred vision and ringing in the ears. In most cases, the effects of whiplash subside after a few weeks, but some patients may continue to struggle with symptoms for years.

People who have sustained a whiplash injury after being in an automobile accident may be able to receive compensation for their medical bills and other losses that were incurred as a result of the collision. A personal injury lawyer may be able to help victims of car accidents seek restitution by reaching a settlement with the insurance companies and responsible parties or by filing a liability suit.

A two-car accident on U.S. Highway 70 in Roane County took the life of one person and injured five others. According to the report, the fatal crash was believed to have been caused by a driver who was under the influence of drugs. The police said that the head-on collision occurred on Feb. 14 just before 2 p.m. when a woman from Harriman driving a westbound Chevy Trailblazer suddenly veered over into the opposite lane and into an eastbound Toyota Tacoma.

The Tacoma driver was fatally injured. The Chevy driver and her two passengers, as well as two passengers in the Toyota, all suffered unknown injuries. According to the report, the Chevy driver tested positive for drugs following the accident. Moreover, the Toyota driver and the four injured people did not have their seat belts on prior to the crash. The Chevy driver may be facing criminal charges and citations.

Following a fatal car accident, the grieving family of the decedent may choose to file a wrongful death claim in an attempt to pursue damages such as funeral and medical expenses. Sometimes, compensation for pain and suffering is also awarded in the lawsuit. However, the family must prove that negligence caused the crash if they wish to prevail. Negligence is based on the lack of the driver’s duty of care while operating a vehicle and can be shown by speeding, reckless or distracted driving or by driving under the influence of drugs or alcohol.

Plaintiffs are usually advised to provide documentation that could be used as evidence to substantiate their claims of negligence. Besides the police report, other documentation can include records of expenses relating to the incident, medical reports and eyewitness accounts.

Source: WBIR, “Car accident kills 1, injures 5 in Roane County”, Feb. 14, 2015

Distracted driving has received renewed attention in recent years because of the prevalence of handheld electronic devices being used by drivers. Text messaging has particularly resulted in serious concerns due to the fact that it includes visual, manual, and cognitive distractions in one activity. Any of these types of distraction alone can create a hazard for a driver and others on the roads of Tennessee. However, combined distractions can be disastrous.

From 2011 to 2012, the number of individuals who perished in distracted driving car accidents decreased slightly. However, the number of individuals injured in such events increased by 9 percent over the same period. Nearly 20 percent of injury accidents included distracted driving as a factor during 2011. As drivers have been surveyed about their activities while behind the wheel, nearly 70 percent admitted to distraction via cell phone use withing the month prior to the survey. Approximately one-third of drivers surveyed had been involved in email or text messaging activity behind the wheel.

Risk levels appear to be greater for such distractions with younger drivers. The under-20 age group has the highest level of fatal distracted driving auto accidents. Laws are being created in many states to address the issue, but there isn’t a clear awareness of whether legislation has improved the situation at this time. Although teen drivers are viewed as one of the groups with high risk levels, action is being taken to address concerns in public transportation and commercial driving as well.

Any hazardous driving behavior that takes a motorist’s attention away from the road can pose risks to others in the same vehicles or to those in other vehicles. An individual who is seriously injured because of negligent driving involving a distraction may find that personal injury action is appropriate for dealing with damages that exceed the benefits available through motor vehicle insurance.

Authorities with the Tennessee Highway Patrol reported that three teenagers were killed and one seriously injured when the car in which the four were riding lost control and hit a tree in Kodak. The accident occurred on Feb. 6 around 9:55 a.m. Two of the teenagers were reportedly skipping school at the time of the accident.

According to investigators, one teen was behind the wheel of the car. His younger sister was also in the car, as were two 18-year-old males. The driver of the car was reportedly speeding and lost control of the vehicle, leaving the roadway and striking an embankment. It subsequently crashed into the tree near Bent Road.

The driver, his sister and one of the 18-year-old men were killed. The other 18-year-old man was sitting in the backseat at the time of the accident. Officers indicated he was thrown from the vehicle but survived. He reportedly crawled towards the roadway in an effort to get help. Emergency responders flew the young man via LifeStar to University of Tennessee Medical Center. Reportedly, he is now talking and awake. There is no indication that drugs or alcohol were involved in the accident.

When people are killed or seriously injured in a car accident caused by the negligent driving of another, the families of those who are killed and the people who are seriously injured may be able to recover damages by filing wrongful death or personal injury civil lawsuits against the driver. When the driver is also killed, people may still recover damages by naming the estate of the negligent driver as the defendant to the lawsuit. In some cases in which a minor is the driver, the parents may also be held to be vicariously liable.

Source: WATE, “3 teens killed, 1 injured after car hits tree in Kodak,” Laura Halm, Feb. 6, 2015

Tennessee drivers may be driving confidently with half the tread left on their tires. However, tires give up significant ability to grip road surfaces even with half the tread left, especially during rain and snow. Hydroplaning, when tires lose their grip on the road and driver cannot control the steering, can become a serious problem on wet roads that may lead to car accidents. While even new tires can hydroplane and lose their grip, at half the tread tires hydroplane more quickly and at lower speeds.

To make sure tires have enough tread, measure with an inexpensive tread-depth gauge by using a penny to measure the depth of each tire groove. If the top of Abe’s head is showing in any of the grooves, the tires have reached their wear limit and need to be replaced. When tires are new, they have 10/32 inch-deep groves. When the grooves measure 2/32 inch deep, they are considered bald.

Consumer Reports tested tires by comparing full- and half-tread performance in wet, snowy and dry conditions. In wet conditions, half-tread tires had about 8 percent less hydroplaning resistance. On snow, half-tread tires showed a loss of 15 percent snow traction. Only on dry pavement did half-tread tires grip better, so they could be safer in arid conditions, but not when there is rain or snow.

Because tires with less tread take longer to stop, can hydroplane and have less traction, they can contribute to automobile accidents. A lawyer may be able to help a person who has a personal injury in an auto accident, such as trauma, broken bones or brain injury. If a negligent driver who may have failed to maintain his vehicle properly allegedly caused the crash, a lawyer could help the injured party file an insurance claim seeking compensation for the injuries.

Drivers from Tennessee may be interested in learning what factors make a driver liable for a car accident. Whenever illegal activity, such as driving while intoxicated or traveling above the speed limit, causes a car accident, the driver who was not complying with the law might be held liable for damages stemming from the crash.

Negligence typically occurs when a driver is being careless while behind the wheel and causes injury or damage to another motorist. Recklessness typically refers to disregarding the safety or well-being of others. Whenever damage or injury is caused by an absence of fault, such as a car having defective auto parts or a commercial vehicle operator transporting hazardous chemicals, strict liability may be established. Motor vehicle statutes are what determine who will be responsible to pay for those damages.

In an effort to make it easier to be able to challenge fault when one of their customers is involved in an accident in which they broke a traffic law, the auto insurance industry requested that legislatures base the liability on motor vehicle statutes rather than common legal assumptions. There are four basic levels of common law faults, including negligence, recklessness, intentional misconduct and strict liability.

Understanding if a common law fault occurred depends on the state’s roadway mandates and the specific circumstances that lead to the traffic accident. There are a number of common traffic incidents that take place every day in the United States, and these range in severity and repercussions. Many of these incidents are caused by negligent behavior, such as distracted driving, failure to yield, driving under the influence, driving while texting and more. Whenever an individual is involved in an automobile accident and feels that another motorist may be at fault, a lawyer who is familiar with traffic cases might be able to help assist in building a case.

When you have suffered a back, neck or spinal cord injury in a Tennessee car accident or other type of accident caused by another person, you may be facing a lifetime of debilitation and disability as a result. Catastrophic spinal cord injuries can result if your spine was crushed, bruised, twisted, severed or pinched, possibly leaving you with paraplegia or quadriplegia. You may be unable to continue working, personal assistance to complete your daily tasks may be required, and you may require ongoing rehabilitative treatments to prevent your muscles from atrophy.

You may have also incurred other types of back and neck injuries, including broken vertebrae, herniated, ruptured or slipped discs, whiplash, ongoing numbness and tingling or permanent nerve damage. Whether your injury has left you needing total care or ongoing pain management for such conditions as neuropathy or other associated problems, you may be unable to work and may have significant and ongoing medical and care expenses. Your quality of life may have been permanently altered by such a disastrous accident.

In the event you were injured in such a serious manner, you may want to file a personal injury lawsuit against the person whose negligence caused your accident and resulting injuries. Through such a lawsuit, the person may be held to be responsible to you for your expenses and losses.

Our attorneys are compassionate with our clients who have suffered such terrible injuries in accidents. We thus aggressively advocate on their behalf in order to secure them compensation to pay for all of the losses they have suffered as a result. We understand that people may be overwhelmed by the lifelong effects of such accidents and may wonder about the process of recovering damages, and so we have gathered additional information on our spinal cord injury page.