Author: Anthony Proffitt

Newly signed Tennessee Titan Delanie Walker lost his aunt and uncle in a drunk driving accident shortly after Super Bowl XLVII. His aunt and uncle had attended a 49ers post-game party with him a few hours before the car accident occurred. The couple had pulled off of Louisiana’s Interstate 10 when their vehicle was struck from behind by another vehicle.

Police said that the vehicle that struck the couple was traveling in excess of 100 mph. Upon the collision, both vehicles ignited in flames, and the couple was found dead inside after the fire was put out. The driver responsible for the car accident had a blood-alcohol level over the legal limit of .08 percent. She has been charged with driving while intoxicated, reckless operation and two counts of vehicular homicide.

Mr. Walker stated that he was close to his aunt, and he wants to take steps to keep their memory alive in a positive way. He recently participated in a fundraising event for Mothers Against Drunk Driving, and he plans to start a foundation to help support the couple’s eight children. The family of a wrongful death victim, such as in this case, could file a lawsuit against the driver responsible for the accident to seek punitive damages.

Those affected by a drunk driving-related car accident may be faced with expenses related to funeral costs, lost wages and medical bills, and a civil lawsuit may be filed against the driver to obtain financial compensation for these expenses. This is an option that may be pursued regardless of the outcome of criminal charges. Those who would like to learn more about this option may contact a personal injury lawyer.

Source: The Tennessean, “Tennessee Titans’ Delanie Walker motivated by tragedy,” Jim Wyatt, March 17, 2013

The son of a couple who died in a motorcycle accident last year is suing a tire manufacturer and the motorcycle retailer for wrongful death. This type of lawsuit can be brought by a family member of a victim who died as a result of negligence on the part of a third party. For cases involving car or motorcycle accidents, family members often investigate whether the vehicle may have had any latent defects that could have caused the accident.

This is just one example of how many factors may be at play when a motorcycle accident occurs. Many people assume that motorcycle riders are not careful or that biking is dangerous to begin with, but the truth is that accident happen all the time for various reasons not related to driver negligence.

In this case, one of the tires on the Harley-Davidson motorcycle that the couple was riding was faulty and eventually blew out while they were riding together. The lawsuit specifically alleges that a tube within one of the tires was not functioning properly, which was the cause of the blow out that resulted in the crash.

Tire accidents like the one in this case are more common than many people realize. There are various factors that can contribute to a tire blowout, and it is the job of the manufacturer to foresee those possible hazards and to adequately design a product to be safe for ordinary uses. The facts of this case do not indicate that the couple put an extraordinary amount of wear and tear on the tire, so an appropriately designed tire should have continued to function properly.

Source: Pittsburgh Post-Gazette, “Tire maker sued in fatal cycle crash” March 5, 2013

More information about the rights of victims of motorcycle accidents can be found on our Knoxville personal injury site.

Earlier this week we discussed how some people in Tennessee and elsewhere incorrectly assume that young drivers are always at fault for accidents that they are involved in. This is not always the case, but some new figures from a respected organization shows that teen driver deaths are up.

According to the report, released by the Governors Highway Safety Association, deaths of 16- and 17-year-old drivers increased by 19 percent in the first half of 2012 compared to the same period in 2011. The deaths jumped from 202 to 240 during that period.

The sudden jump in fatal car accidents involving teen drivers is alarming. The increase in teen driver deaths outpaces the increase in total traffic deaths, according to data from the National Highway Traffic Safety Administration. According to NHTSA, an improving economy means more people are spending more time driving again, which means more accidents are likely to unfold.

Many have pointed to the use of graduated licensing programs in most states as the reason that teen driver fatalities had been declining in previous years. Under those programs, teens are gradually given more driving freedom through the years.

It should be noted, however, that despite the increase, driver deaths among 16 and 17-year-olds are still 50percent less than what they were 10 years ago, so it appears that over the long term the graduated license programs have had a positive effect. So it’s likely too early to tell what caused the increase, but it should be noted that teen drivers continue to be one of the more dangerous groups of drivers on the road. Continuous training and experience is needed.

Source: Los Angeles Times, “Teen driver fatalities grew last year, reversing downward trend,” Jerry Hirsch, Feb. 26, 2013

A recent accident in rural Tennessee outside of Knoxville shows the dangers of not respecting the right of way can have disastrous consequences. The tragic accident took the life of a 27-year-old woman and her 6-year-old daughter.

The accident happened in a small town called Etowah, which is about 60 miles southwest of Knoxville. According to the Tennessee Highway Patrol, the woman turned her small Saturn onto U.S. Route 411 into the path of a construction truck. Initial reports indicated that two children perished in the fatal car accident.

The Saturn had three other passengers, a 28-year-old man, a 10-year-old boy and an 8-year-old boy. Those three passengers had to be flown to a hospital in Knoxville, where their further conditions are unknown.

The 49-year-old truck driver was not injured in the accident. Police have not filed any charges. Presumably their investigation is ongoing, but it appears that the car pulled out in front of the truck on U.S. 411, meaning the Saturn driver was at fault. One could wonder whether the Saturn driver saw the truck, but the accident happened in the afternoon, meaning it was probably hard to not see the truck. One could understand if it was dark and the truck did not have its headlights on.

Many of the passengers in the car had the same last name as the driver, but the 8-year-old boy did not. If that child did not belong to the family, then the boy’s family may consider suing the other family for damages relating to the accident.

Source: WRCB, “McMinn County accident leaves mom and child dead,” Feb. 21, 2013