Category: Drunk Driving Accidents

A woman who was hit by a drunk driver in a Walmart parking lot will pursue her case against the store chain all the way to the Tennessee Supreme Court. The underlying facts of the case are that in February, 2011, another woman, who appeared to be intoxicated and belligerent, was told to leave the Signal Mountain Walmart. The woman then proceeded to get into her car in the parking lot, put it in reverse, and backed into another customer who was loading her car with groceries at the time of the car accident.

The driving woman kept trying to drive her car in reverse. Consequently, the woman who had been hit was trapped between the two cars. Other customers ran to shout at the driving woman to stop before she finally stopped her car.

The injured woman filed suit against the driver and Walmart, claiming that the store was liable with the driver for $1,000,000. Although the trial court dismissed the case against Walmart, the Tennessee Court of Appeals ruled in the injured woman’s favor, ruling that a business should take reasonable actions to protect its customers. Walmart and the National Federation of Independent Business have opposed the case, taking the position that a retailer cannot be expected to oversee the behavior of all of its customers.

The case presents issues concerning the extent to which businesses must be responsible for the behavior of their customers. The appellant will argue that Walmart knew that the woman appeared drunk and could do harm but ignored the situation. Walmart and other business organizations will argue it is unreasonable to require businesses to police their customers. The case will be argued before the Tennessee Supreme Court in September.

Source: NBC, “Woman hit by drunk driver in Walmart parking lot, case heads to TN Supreme Court“, Matt Barbour, July 25, 2013

The state of Tennessee is enacting a new law on July 1st that will require everyone convicted of a DUI with a blood alcohol concentration level of .08 or higher to have to have ignition interlock devices installed in the vehicles to continue driving. According to Mothers Against Drunk Drivers, the new law is a measure taken in an attempt to prevent future drunk driving offenses by those already convicted.

According to MADD, the new law will also require vehicles to have cameras in them that will snap a picture every time the breathalyzer is activated. This measure is taken to discourage others from blowing into the breathalyzer for a drunk driver. MADD hopes that this new law will help prevent another automobile accident due to drunk driving.

However, the prosecuting DUI attorney for Tennessee’s 10th Judicial District stated that the law is only as effective as enforcement and penalty of breaking it. Currently, drunk driving convictions in Tennessee are Class A misdemeanors that carry maximum fines of $2,500 and maximum jail sentences of 11 months and 29 days.

MADD hopes that the new law will help reduce the number of people injured in or killed in drunk driving accidents. People who are injured in car accidents because of a drunk driving might decide to file personal injury lawsuits against the drunk drivers. Likewise, family members of people who were killed in drunk driving accidents might decide to file wrongful death lawsuits against the drunk drivers. Personal injury lawyers might be able to assist people in filing these types of claims.

Source: Cleveland Daily Banner, “New DUI bill will become law on July 1 Read more: Cleveland Daily Banner – New DUI bill will become law on July 1 “, GREG KAYLOR, June 15, 2013

A 30-year-old woman has been arrested near Kingston after reportedly causing a multiple vehicle accident on Highway 58. The Tennessee Highway Patrol states that she was driving under the influence of alcohol and has charged her with DUI. After the car accident, both she and a 44-year-old male driver who was seriously injured were transported to the University of Tennessee Medical Center.

According to WBIR News, the woman was driving along the highway when she crashed her vehicle into two others and then collided head-on with a Toyota Camry. Her vehicle sped off the highway and flipped upside down before stopping in a nearby yard. In addition to DUI, she has been charged with driving under a suspended license and reckless endangerment.

Sadly, the injured victim’s predicament is far from uncommon. Thousands of motorists are injured by negligent drivers every year, often experiencing deep physical and emotional suffering as a result. When someone is injured in a motor vehicle accident, the consequences can be devastating and long-term. Extended hospitalization and subsequent rehabilitative therapy are prohibitively expensive for many families, and some people simply cannot afford the lost wages and income such circumstances oblige. If the injury is serious enough, the victim may not be able to return to work at all.

In addition to the criminal charges against her, the woman in this case may also be exposed to a civil claim by the victim and his family. In order to determine full culpability, it is often necessary to thoroughly investigate the scene of the accident. Experienced car accident attorneys can interview any available witnesses and inspect the damage to all involve vehicles to corroborate their testimonies with physical evidence. Furthermore, an attorney can review the individual circumstances of all injured parties to help ensure the equitable distribution of any financial compensation to which they may be entitled.

Source: wbir.com, “Roane Co. four-car crash sends man to hospital“, June 03, 2013

Two young Tennessee girls, aged 17 and 15, had to be airlifted to a university hospital after being struck by a driver in a truck. The truck crossed over into the other lane and hit the car, which was driven by the 17-year-old high school student. The 17-year-old student tried to avoid the crash, but the truck hit her car head on. The students were both part of their local Tennessee school’s cheerleading team, and the driver had just made the cheerleading squad at a Kentucky college. The driver of the truck was also taken to a medical center for treatment after the accident.

The 17-year-old driver of the car suffered a broken femur for which she had to undergo surgery. The passenger was on a ventilator in the intensive care unit of the hospital. The accident not only had an effect on the students but on their friends and family members. The teachers and counselors at the girls’ school offered counseling to students after the accident. The car accident appears to have occurred because of drunk driving.

The truck driver has been cited for different criminal charges, including driving under the influence and vehicular assault. The police have continued to investigate the case to determine her role in causing the serious injuries of the two teenage girls. Under federal law, vehicular assault is a class D felony that can result in jail time for between two and 12 years, license revocation for up to five years and heavy fines and penalties.

After an automobile accident, bills pile up quickly, even with insurance. A car accident attorney may be able to help individuals who have been in a drunk driving accident where other parties were at at fault. A lawyer specializing in automobile accidents might help to ensure that insurance companies provide a fair payment for vehicle repairs or injuries resulting from the accident.

Source: Department of Safety and Homeland Security, “DUI Offenses Outline”

Source: Clarksville Online, “Two Montgomery Central High School Chearleaders injured in DUI accident Thursday Morning“, May 17, 2013

The National Transportation Safety Board promoted a federal law that would drop the blood-alcohol-content level for driving under the influence from .08 to .05 percent. The group feels this would increase highway safety by reducing drunk driving accidents.

One of the groups against the reduced BAC levels is at least one trade association in the restaurant industry, citing statistics that some women will attain a BAC level of .05 percent after only one drink. The group used information from a chart released by the National Highway Traffic Safety Administration to reach their conclusions. The NHSTA acts a regulatory group for highway safety and collects accident statistics.

However, the NHTSA indicated that the chart may no longer be accurate. A different chart shows the affect that a BAC level of .05 percent has on drivers, including reduced response time and reduced coordination.

A beer industry group will consider the recommendations from the NHTSA. However, the president of the organization wants legislation to focus on repeat offenders and increased penalties for those with excessively high BAC levels.

The board also recommends that law enforcement personnel take a person’s driver’s license if the driver does not agree to submit to a breathalyzer or if the driver registers a BAC level above a certain maximum. In addition, they are promoting the use of sensors that measure the alcohol content of air during traffic stops. If the sensor signals alcohol, law enforcement could conduct additional tests. They also encouraged ignition interlock devices for every DUI offender and want the states to increase efforts to monitor offender compliance with the IIDs.

If the new legislation is passed that drops the threshold of blood-alcohol content for impaired driving, more people could be found criminally liable for their actions. In addition, some people might file civil lawsuits as well in order to hold the responsible parties financially accountable. A personal injury attorney might be able to help clients determine an appropriate compensation amount.

Source: CNN, “Tougher drunk-driving threshold proposed to reduce traffic deaths“, Mike Ahlers, May 15, 2013

A Knoxville single-car accident has left one University of Tennessee freshman in critical condition and another potentially facing DUI charges. The automobile accident happened at 5:02 am on on May 7 at the Cherokee Trail exit ramp on the Alcoa Highway.

According to Knoxville Police, it appeared that the driver drove the SUV off the exit ramp and down a steep 150-foot embankment. One girl was ejected from the vehicle as it rolled down the hill. Police said that girl suffered potentially fatal injuries. The driver of the car was walking around when police arrived. Another passenger freed herself and suffered minor injuries.

Police reportedly found marijuana and drug paraphernalia in the car and scattered around the crash scene. The driver and his passengers had just left a party and were returning to their on-campus apartments. A police spokesperson said the driver is in the process of being charged with a DUI.

Drunk driving accidents can cause severe damage and devastating injuries. Victims of another driver’s negligence or impairment may suffer life-altering or potentially fatal injuries through no fault of their own. These injuries can often lead to costly expenses for things like medical care, rehabilitation and a decline in quality of life.

Victims who suffer injuries caused by negligent or impaired drivers may be entitled to compensation and may find value in meeting with an attorney. An experienced personal injury attorney could examine the case, determine if a claim is appropriate and estimate the amount of damages to request. If a settlement is reached, the attorney could negotiate to obtain the most money possible to cover the victim’s expenses.

Source: Knoxnews.com, “KPD: 19-year-old UT student at wheel in crash that seriously injured another student“, Don Jacobs, May 07, 2013

The Tennessee Supreme Court will soon hear a case that may determine whether police officers have the right to arrest a person for driving under the influence after the individual passes a field sobriety test. Drunk driving may cause a car accident with serious injuries or death, so police have generally been given a great deal of leeway in probable cause to arrest potentially dangerous drunk drivers, but challenges to those practices have led to questions about the rights of the police when they make drunk driving arrests.

The case stems from a 2009 incident in which a driver was pulled over for driving on the wrong side of the road. Police suspected that he was drunk, but the man was able to pass six field sobriety tests. Field sobriety tests are informal assessments of a driver’s ability to walk and talk; they may include asking the suspect to repeat certain sentences or to perform various physical maneuvers.

The individual’s lawyer objected to his subsequent DUI arrest, claiming that the police did not have probable cause to do a blood alcohol test after the man successfully passed the field sobriety examination. The individual in question was found to have a blood alcohol content of almost twice the legal limit when a blood test was performed. The Tennessee Attorney General has asked the state’s Supreme Court to rule on the issue.

Those who have suffered injuries from DUI accidents may want to consult personal injury attorneys. With the assistance of attorneys, injured parties may be able to collect damages for their injuries and pay for medical bills and other expenses.

Source: NWTN Today, “Tennessee Supreme Court agrees to hear DUI test case,” Sheila Burke, March 26, 2013

Tennessee Highway Patrol officers are investigating a collision involving four vehicles that took place during the night on March 1, 2013. The cause of the car accident has not been identified, but a patrol vehicle for the Knoxville Police Department was involved in the incident. In addition, an off-duty law enforcement officer was involved.

The incident took place near the intersection of Andersonville Highway and East Emory Road. No injuries were reported from the accident. The patrol car involved in the collision was able to be driven away from the accident. However, a 24-year-old male driver has been charged with a DUI in connection with the accident. 

Because an investigation is still being conducted by law enforcement officials, it is not clear whether the driver who was operating his vehicle under the influence of drugs or alcohol was responsible for the accident. While injuries were not reported at the scene of the accident, some car accident injuries may become apparent in the days following the event. Those who were victims in the car accident may face expenses associated with vehicle repairs, medical expenses and lost wages. Under civil law, they may have the right to file a personal injury lawsuit against the person who may have been responsible for the accident.

Victims of a car accident in Knoxville, Tenn., may experience a financial burden as a result of accident-related expenses. When a car accident is caused by the intentional or negligent actions of another party, victims may seek punitive damages by filing a lawsuit in a civil court. Those who would like to learn more about their legal options after a car accident may find it helpful to contact a Knoxville personal injury lawyer.

Source: WATE, “Driver charged with DUI after four car crash involving police cruiser,” March 1, 2013

A player for the Tennessee Titans was arrested recently after police responded to the scene of a car accident and smelled a strong odor of alcohol. The player, tight end Brandon Barden, apparently refused field sobriety testing or any blood alcohol level testing, so it is unclear what his level of intoxication was at the time of the accident.

His car went off of the road, hitting a ditch and flipping over before it landed on its side. The potential for serious injury in an accident like that is significant, and the driver is fortunate not to have been injured. Two passengers were with him at the time of the crash and they refused medical treatment at the scene of the accident, so it is not clear whether or not they suffered any injuries.

Innocent passengers and bystanders who are injured in a drunk driving car accident have a right to pursue compensation from the reckless driver. In cases where there are significant medical bills, victims are unable to work, or a permanent disability results, the victims can seek compensation from the driver who was responsible for those damages along with other types of damages.

Any civil action taken by the victims would be separate from action taken by the state in pursuing the traffic violations and DUI charge that have already been brought. No trial date is set yet, but if the player chooses to go to trial rather than entering a guilty plea, it is likely that this case will be in the news again as more details emerge about the conduct leading up to the car accident.

Source: The Tennessean, “Titans’ Brandon Barden arrested on DUI,” Jim Wyatt, Feb. 28, 2013.

More information about the rights of drunk driving accident victims can be found on our website.

Tennessee residents have likely seen the TDOT signs on the roadways, displaying the painful number of those who have perished on a Tennessee road. They inspire many different reactions, including those who appreciate them and those who find they are even more distracting. The reports of 2012’s fatalities from a motor vehicle accident may show that the signs might have been helpful.

While it cannot entirely be known if it was due to the signs, it is thought by some that even just the chatter about the signs could be helping the cause. Raising awareness could have helped and the signs were likely a big part of the awareness last year. The Tennessee Department of Transportation commissioner mentioned that everywhere the signs were showing the fatality totals, he heard of people discussing the matter. He also mentions that the largest spike of fatalities occurred prior to the posting of the numbers and that after the signs were reporting them, the fatalities plateaued.

One woman featured in a source explains her support for the display, saying that she hopes it could help another family avoid the trauma she and her family had to go through after her 29-year-old sister was killed in a drunk driving accident. The inebriated driver was reportedly so influence by the alcohol that it was reported that they believed they were riding inside of a cab, not driving themselves. The commissioner also remarks on the amount of deaths that occurred as a result of drunk driving: some 30 percent of the year’s total.

Losing a loved one to drunk driving can be such a difficult thing to deal with and come to terms with let alone see out in public. There has been some positive feedback among the negative when it comes to these numbers being shown every week with several people saying how they make an effort to be safer drivers now. Tennessee residents who have had to suffer through such an ordeal may consider working with an attorney to know their options as they begin to move forward with their lives.

Source: wbir.com, “Sister of drunken-driving victim supports TDOT signs,” The Tennessean, Jan. 11, 2013