Category: Car Accidents

When an accident occurs between two vehicles, one or both parties may have operated their vehicles negligently. Even if you are partially responsible for your motor vehicle accident, you may still be able to recover damages for any accident-related injuries and damages. Some of these damages may include:

• Medical expenses
• Property damage
• Lost wages
• Loss of earning capacity
• Physical and mental pain and suffering
• Disfigurement and impairment

In most cases, to recover damages following a car accident, you must prove that the other driver’s negligence contributed to the accident and your resulting injuries. To prove negligence you will need to show:

• Duty – Motorists owe a duty to other drivers and pedestrians to operate their vehicles in a safe manner.
• Breach – You will need to establish that the other motorist involved in your accident breached the duty owed to you by failing to operate their vehicle safely. Violating a traffic law (e.g. speeding, following too closely, driving while distracted) is generally enough to show negligence.
• Causation – Next, you will need to show the other motorist’s negligent act directly and proximately caused your accident and injuries.
• Damages – Lastly, you will need to show that you suffered injuries as a result of the accident.

If you can prove that the other driver was negligent, you may recover damages for your injuries. In Tennessee, if the jury finds that you were also partially at fault for the accident, your damages will be reduced based on your percentage of fault. For example, if you are found 30 percent liable for the accident and were awarded $100,000, you will only recover $70,000. However, if you are 50 percent or more at fault, you will not be able to recover damages.

A personal injury attorney in your area can review your case and give you a realistic picture of what to expect if you file a claim against the other driver involved in your accident.

The automobile industry is constantly coming up with new safety features that will hopefully reduce car crashes or keep occupants safe in the event a crash happens. While seat belts, mirrors and crumple zones are common safety features that all modern automobiles are equipped with, with the rise in technology comes advancements that may make new automobiles safer than ever before.

New safety features that may be in your next car

Some safety features are mandatory these days. These include electronic stability control, traction control, antilock brakes and rearview-camera monitors. However, new safety features are already appearing in automobiles.

For example, one feature will vibrate the driver’s seat cushion if they swerve between lanes. Other features include:

• Automatic emergency braking when in the presence of pedestrians and bicyclists
• Automatic high-beam headlights
• Lane-departure warning
• Blind-spot warning
• Rear cross-path detection
• Rear air bags

However, safety features cannot prevent all car accidents

Unfortunately, a car can be equipped with all available safety features, but it could still be involved in a car accident. We cannot control all the actions of other drivers on the road, no matter how carefully we drive. All drivers in the Knoxville area and across the U.S. are tasked with the duty of driving reasonably under the circumstances. If this duty is breached, causing a crash that injures or kills another person, the negligent driver may be held liable. Ultimately, those who have been injured in a car accident caused by a careless driver will want to seek legal advice, which this post does not provide.

It seems like news reports have been talking about self-driving cars for years now. More and more, we hear about companies like GM and Tesla test-driving prototypes on streets and highways. When will these robot vehicles be for sale at Knoxville-area dealerships?

Not anytime soon, if a news report from WSMV-TV is accurate. The piece quotes an analyst from WalletHub who predicted that self-driving vehicles would not become available until 2050.

However, the analyst noted that modern cars and trucks already have some robotic driver assistance. Things like backup cameras and alarms that let you know when another vehicle is near while changing lanes give drivers some of the elements that autonomous vehicles will have someday. They use technology to go beyond the driver’s senses and skills to prevent an accident.

Why are self-driving cars taking so long?

Still, full automation of the driving process would be extremely complex to do dependably and safely. There would be thousands of computer commands and pieces of sensory input to perform every second. Even once auto companies have developed their self-driving cars, the first ones would likely cost more than almost anyone can afford. With just a few robot vehicles on the road, car accidents caused by human behavior like drunk driving and reckless driving would still be an issue.

Personal injury law isn’t going anywhere

If self-driving cars won’t be the majority of the vehicles on the streets until 30 years from now, people in Knoxville will continue to get hurt and worse in auto accidents. Not only could these injuries affect your ability to work and enjoy life, they could cost you thousands of dollars in medical bills and auto repair costs. Such car accident injuries might become rare someday. Until then, victims will need legal assistance to deal with negligent drivers and their insurance companies.

The future of traffic looks safe and economical, say those who are working on driverless car development. When autonomous vehicles are perfected and in use across the nation, we should see motor vehicle crashes, injuries and fatalities plummet. In addition, driverless vehicles have the potential to dramatically reduce fossil fuel consumption and decrease traffic congestion and pollution while essentially eliminating distracted and drunk driving.

Not ready

As it turns out, most Americans aren’t buying into that utopian vision of a driverless society. According to a recent poll, “nearly three in four Americans say autonomous vehicles are not ready for primetime.”

While Knoxville has been touted in recent years as a hub for driverless vehicle technology, there are few indications that people here are any more eager for autonomous vehicles than Americans elsewhere.

“No” to taxis

The survey by the Partners for Automated Vehicle Education (a group promoting driverless tech) found that nearly half of the 1,200 people questioned said they would never climb into a self-driving taxi.

Respondents did not indicate that their distrust of autonomous vehicles is due to exposure to widely publicized crashes involving vehicles equipped with autonomous driving technology, however. (Uber and Tesla crashes, for instance.)

According to consumer tech site CNET, the public’s wariness is simply because “because they simply don’t understand” the driverless technology.

Willing to try

Sixty percent of respondents said they would trust autonomous vehicles more if they “understood better how the technology works” and 58 percent indicated that greater trust in the tech could be built if respondents had the opportunity to ride in a driverless vehicle.

Of the 1,200 polled, 678 said they own vehicles with advanced driver assistance systems (systems that help drivers maintain lanes, park, detect pedestrians, etc.). This subset of drivers is more upbeat about driverless tech, with three-quarters of them enthusiastic about the features in their current vehicles and looking forward to future advancements.

Danger in overconfidence

Many experts warn that overconfidence in the assistance technology can result in crashes because drivers are paying too little attention to traffic and road conditions, assuming that their vehicles will take care of whatever comes along.

While the promise and potential of driverless cars are exciting, it’s important today to drive cautiously and smarty so that you and your loved ones get to your destinations safely.

Tennessee maintains fault laws for auto accident liability. If the investigation determines that a driver caused the accident, he or she has responsibility for the financial costs such as medical bills and property damage. 

If you or a loved one has suffered a serious injury in an auto accident, explore the process for seeking legal damages. 

Modified comparative negligence 

According to this standard, a person can recover damages after an accident if he or she has only partial fault. For example, if the investigation finds that you had 30% of the fault and the other driver had 70%, the insurance company and/or court will reduce the damage amount by 30%. 

Factors in fault determination 

Most fault decisions start with the insurance adjuster. When an auto accident occurs, you must file a claim with the insurance company to cover the costs of the crash. The adjuster will review evidence of careless driving, evidence of traffic law violations, witness and motorist testimony including admissions of guilt, and the police report from the accident. If either party disagrees with the fault determination of the insurance company, he or she can file a lawsuit, during which the judge and/or jury will determine fault. 

Auto insurance limits 

Tennessee requires drivers to carry at least $25,000 per individual in personal injury and wrongful death auto insurance, $50,000 total injury and wrongful death coverage per accident and $10,000 in property damage coverage per accident. If another driver was at fault and your costs exceed these amounts, you can seek the remainder of your damages in court. However, you only have one year to file a lawsuit for personal injury and three years for property damage, starting from the date of the accident. 

Before filing a claim with the other driver’s insurance company, make sure that you understand the full extent of your possible damages. Tennessee allows accident victims to recover both monetary and non-monetary costs, including medical bills, lost wages, emotional distress, and pain and suffering. 

Pedestrian deaths are on the rise and the Tennessee community is suffering the reality of it. According to a new report, pedestrian fatalities are at a 28-year high, mostly due to large vehicles and smartphones. When a driver kills a pedestrian, everyone involved in the accident plus all relatives, friends and colleagues suffer.

This is evident for those who knew a 30-year old pregnant mother and her toddler, according to Knox News. The mother and her 2-year old child were killed in a senseless pedestrian accident. Authorities allege that the 33-year old driver went on a vehicular rampage with the intent to hit pedestrians. Investigators believe that it was an intentional act but that the victims were chosen at random. Before the driver killed the mother and her child, he collided a 61-year old man who went to the hospital for his injuries.

After the man fatally struck the woman and toddler, he crashed into a fish hatchery. This resulted in an employee suffering minor injuries, the destruction of four fish systems and the creation of a hole in the building. Before the collision with the building, the driver wreaked havoc on the streets, colliding with a stop sign, cinderblock wall and stanchion.

The driver is currently facing one count of attempted first-degree murder and two counts of first-degree murder. According to a release by the Jefferson City Police Department, charges for the first-degree murder of the unborn child may also be brought.

Those who mourn the loss of loved ones in pedestrian accidents like this deserve help. A consultation with a personal injury lawyer can help survivors understand their legal options for compensation.

Hydroplaning—which happens when water comes between a car’s tires and the road surface, often causing loss of control—is one of the scariest situations a Tennessee driver can face. Not being able to control a sliding car traveling at high speed is unnerving for the driver and other area motorists, who may become caught up in an accident involving property damage and severe injuries.

According to U.S. News & World Report, tire treads help disperse water and keep the mass of the tire surface in touch with the road. Driving too fast on wet pavement can cause the water pressure before the front tires to lift them off the ground, just a bit, but enough to put water between the tire and the road.

Cruise control, low tire pressure and driving too fast for road conditions can all play a part in hydroplaning, but the biggest cause is speeding on wet roads. Water that is scattered by the tire treads moves to the tire fronts, and when enough water collects there, hydroplaning can occur. The onset of a rainstorm is a risky time to drive as well, due to oils on the road surface. When rain wets the oils, they rise to make the roadway slick and dangerous.

Even though rain is an act of nature, driving safely for conditions is still the responsibility of every driver. If you are driving during, slow down and do not make sudden, sharp turns that can send your car into a hydroplane slip. Avoid puddles and also stay away from the painted lines on roadways as they can be slick when wet.

This article contains general information and should not be considered legal advice.

The daily demands of life often get in the way of rest for many Tennesseans. Busy workloads, class deadlines and other important tasks can easily push sleep to the back-burner. While life is short and it is important to make the most of it, sacrificing rest for other needs can be a dangerous game. These risks multiply tenfold when a sleep-deprived person gets behind the wheel of a vehicle. 

The National Center for Health Research explains the risks of falling asleep while driving, noting that crashes due to sleep issues cost the country millions. The NCHR also reminds its audience that sleep-deprived driving does not simply mean falling asleep at the wheel; it can involve slower reaction times, poor judgment and decision-making and a shorter attention span. Using a study from the Centers for Disease Control and Prevention, the NCHR shares that one in 25 adult drivers admitted to having fallen asleep at the wheel in the last month. Those most vulnerable to falling asleep while driving include sleep-deprived drivers, those who work late shifts, drivers who take medication and travelers. 

While gauging one’s tiredness before hitting the road is always a wise step, the National Sleep Foundation states that, more specifically, seven to nine hours of rest a night is ideal. Maintaining alertness while driving is crucial. Another way drivers can prevent a sleep-deprived crash is by allowing more time to get to the destination. The NSF also advises readers to take periodic breaks, especially while travelling; a break every two hours (or 100 miles) can keep one feeling refreshed and alert. Using the buddy system can also help passengers identify warning signs of sleep deprivation among drivers. Part of enjoying the destination involves keeping the drive itself a safe one.