Categories
Truck Accidents

Highway 10 collision kills two

A good deal of disagreement may exist over exactly how far the responsibility that a driver in Knoxville has to the passengers in their vehicle. Many might argue that when an adult agrees to travel as a passenger in another’s vehicle, they accept any risks that may result from their decisions. Others may say, however, that it remains the responsibility of the driver of the car to ensure that every precaution is taken in order to see to a passenger’s safety. That can include everything from avoiding diving at excessive speeds to ensuring that passengers wear their seat belts. 

Even some as simple as people ignoring the latter can produce devastating results. This fact was on full display in an accident that recently occurred on Highway 10. Two people (one from Hartsville, the other from Lebanon) were killed after the vehicle they were traveling in was struck by a semi-truck. Authorities say that neither was wearing a seat belt when the collision took place. While an investigation into the accident is still ongoing, a preliminary report states that the driver of the vehicle the women were traveling in pulled out on to the highway in front of the truck. They also sustained serious injuries; the driver of the semi escaped injury. 

Given that the accident victims in this case were adults, it might be argued that they were responsible to ensure their seat belts were fastened. The driver, however, may come under scrutiny for choosing to pull out in front of an oncoming vehicle. Victims in cases such as this one may not initially wish to seek a liability claim, yet ultimately the costs of accident leave them with little choice. Those needing to do so may want to first consult with an experienced attorney. 

Categories
motor vehicle accidents

Legal options after an accident

After an accident, you may want to move on quickly and not spend a lot of time mulling over what happened. If you had property damage or had to undergo medical treatment, you may be fine with just accepting whatever the insurance company offers you. However, taking this type of approach could be quite detrimental.

You may lose out on many benefits and not get what you should by not considering all your options for how to react after the accident. While you may be hesitant to bring a lawyer into things, it could be the most ideal way to protect yourself and your interests.

The insurance company

While you may think that insurance companies are on your side, that is not true at all. Insurance companies always look out for their interests, according to U.S. News and World Report. They want to find solutions that cost them the least amount of money. Furthermore, they handle a lot of cases, so it is not uncommon for an insurer to make a mistake. If you do not know what you should get in an accident situation, then you will not know if the company is providing you with the optimal benefits.

The legal aspects

An accident may bring about a variety of legal considerations. If you do not understand personal injury law, this could leave you in a very vulnerable position. Having an attorney on your side, even if it is just to explain what is happening or to answer your legal questions, can ensure that nobody takes advantage of you or cheats you out of anything to which you have a right.

Just knowing that there is someone in your corner after an accident can put you more at ease. When you hire an attorney, you have someone fighting for you when everyone else, the other party and the insurance companies, are opposing you.

Categories
Drunk Driving Accidents

Drunk driver takes the life of passenger in Covington Pike accident

When people in Tennessee and across the United States choose to drink and drive, they put other peoples’ lives at risk. In 2017 alone, drunk drivers killed more than 10,800 people and injured more than 300,000 in the United States, according to the National Highway Traffic Safety Administration. That equates to one death every 48 minutes. 

A young man’s poor choice to climb behind the wheel after drinking took the life of a Covington Pike man and injured another driver. The victims’ car was turning at a green arrow light onto the interstate when the drunk driver ran a red light and collided into them. 

The passenger of the car died at the scene of the accident, while the driver was rushed to the hospital in critical condition. The drunk driver fled the scene on foot and apparently had arranged for some friends to pick him up. Yet, a witness to the accident ran after the suspect, caught up to him and held him until police arrived. The man faces a multitude of charges, including vehicular assault, public intoxication, vehicular homicide while intoxicated, reckless driving, leaving the scene of a deadly accident, driving without a license, disregarding a red light, DUI, failure to exercise due care and violation of financial law. 

Drivers who injure and kill innocent motorists should be held responsible for their negligent actions. An attorney in Tennessee may help victims of DUI accidents receive the compensation they deserve. 

Source: News Channel 3, “Witnesses help catch driver in deadly DUI crash at I-40 Covington Pike,” Eryn Taylor, Jerrita Patterson and Andrew Ellison, Feb. 28, 2020. 

Categories
dangerous and defective products

Recalled food continues to make people sick

Grocers and retailers have a responsibility to keep their shoppers safe, but all too often consumers may be unaware of the risk and use recalled food products. According to the Centers for Disease Control and Prevention, 48 million people throughout the U.S. suffer from illnesses resulting from contaminated food products each year. Foodborne illnesses may result in serious health issues and, in some cases, death.

USAToday.com reports that recently, 167 people contracted E. coli after eating contaminated romaine lettuce from California, prompting a recall of the popular salad green. In recent years, there has been a significant uptick in food recalls. Product recalls involving meat and poultry increased by 85% between 2013 and 2019. When customers know about the danger, they may throw the food out and avoid getting sick; however, the message about recalls do not always make it to shoppers.

Removing recalled products from the shelves may stop further purchases, but it does nothing to protect those who have already purchased the products and have them in their homes. Posting signs in conspicuous locations and sending out notifications using loyalty programs or shopper purchase histories would allow retailers and grocers to easily notify customers about recalls. However, the results from a recent study show stores woefully fail to educate consumers about recalls and how they can get notifications. Graded on their efforts to warn shoppers about food recalls, 84% of 26 of the country’s largest supermarkets received failing grades.

People who suffer foodborne illnesses as a result of purchasing recalled products at a grocery store may benefit from talking to an attorney. A legal representative may provide insight into their options for pursuing financial compensation or the other types of help they have access to.

Categories
motor vehicle accidents

An average of 68 TN teenagers die yearly from crashes

Susceptibility to peer pressure and vulnerability to distractions make teenagers some of the most dangerous drivers on the road. They are also the most at risk. Every year, dozens of teenagers die because of unsafe driving practices in Tennessee. Sometimes, they are at fault. Other times, they are passengers. There are also instances where lack of experience makes it difficult for them to safely maneuver out of dangerous situations caused by other drivers on the road.

Tennessee’s state website reports that motor crashes form the number one killer of children who fall between the ages of 1 to 14 years old. It is also the second most common reason that these children are hospitalized or seek emergency care. When it comes to teens between the ages of 15 to 19 years old, car crashes claim 68 lives in Tennessee each year.

One of the reasons teens often do not survive car crashes is a refusal to wear seatbelts. A campaign called Battle of the Belt hopes to combat this. Schools compete against each other for the highest compliance rates with seatbelt use laws. The school with the best educational campaign and the highest seatbelt percentage use gets a trophy at the end of the year.

Perhaps, some bittersweet news is that Tennessee does not rank among the worst states for teen drivers, though it does not stand with the best either. Believe it or not, WalletHub reports that the safest state for teen drivers is New York; the worst is Wyoming. Tennessee ranks at 34 out of the 50 American states. Researchers used several factors to calculate safety for teen drivers. These include teen driver fatalities, quality of roads, driving schools per capita and teen DUIs.

Categories
Car Accidents

How does fault work in a Tennessee auto accident?

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. 

Categories
Motorcycle Accidents

How do I obtain a report for my car accident?

In the moments after a car accident, your focus is usually on making sure everyone is okay, seeking medical attention and getting your vehicle to a garage for repairs. However, you also have to deal with law enforcement and your insurance company. This means ensuring that you get an accident report. Your insurance will need the report to process your claim.

The Tennessee Department of Safety & Homeland Security explains there are a few different ways that you can get your accident report. You can always send a request by mail to the department’s Financial Responsibility Division. You will need to include a check or money order to pay the small fee and your address or the address to which you want the report sent.

Another quicker option is to go online. It does have a slightly higher fee for this service and you will need to pay with a credit card. The system will not accept prepaid cards or debit cards without a Visa, Mastercard, American Express or Discover logo. You will need to know specific information to get the report. This includes your driver’s license number, date of the accident, the reporting agency and either the license plate number, case or tracking number or your vehicle’s VIN.

The last option for securing an accident report is to request one in person at a Tennessee Highway Patrol office or the office of the investigating agency. Again, you will pay a small fee for processing, and you will have to provide information about yourself and the accident. Each agency may have different operating hours during which you can get a report, so it is best to call ahead.

Categories
motor vehicle accidents

What to expect when filing an insurance claim after a car crash

Knoxville is teeming with people at all hours. Whether you do most of your road travel during the daytime or overnight, you can bet you will not feel alone out on the roadways. 

Unfortunately, car accidents happen daily on the roads as well, especially in areas where the traffic clogs. If you have never experienced an accident firsthand, you may not know what to expect in the moment or the aftermath. Understanding what to expect after a crash can help you keep your senses about you when facing a scary and possibly traumatic experience. 

Managing the accident scene 

As soon as you are able after a crash, make sure that everyone else is safe. You may find yourself in a bad spot in the roadway where it is hazardous to remain. Before you move the vehicles out of the way, snap a few pictures of the scene. These photos may become an integral part of the accident investigation, especially if the driver at fault does not take responsibility. After moving the vehicles to safety, make sure you get copies of the other driver’s insurance information and license. 

Calling your insurance company 

Soon after you leave the scene, you ought to call your insurance company to report the accident. While this is a crucial step, it is important to know more about the process before you jump right to the phone. 

Your insurance company is your advocate, and if the collision is due to the other driver, your insurer will do what it can to collect. However, part of the claims process is speaking on a recorded line to both your insurance company and the other driver’s. If you have any doubts about what transpired, you may want to speak with an attorney before making that statement. You may report the accident to your insurer but defer the recorded statement until you find a representative to help. 

The damages suffered by you and your property may add up quickly. Going through the insurance claims process with an ally can help. 

Categories
motor vehicle accidents

Does hands-free technology really improve safety?

Across Tennessee, there has been a push to lessen distracted driving. People are trying to combat these risks with hands-free technology. But just how much does this technology actually do to improve safety?

The National Safety Council itself has stated that hands-free is not risk-free. This campaign slogan implies that hands-free technology does improve driver safety. In fact, there has not been a significant reduction in distracted driving incidents. This is in spite of claims that hands-free technology makes driving much safer.

Hands-free technology is risky because it is still a form of distracted driving. To drive safely, you must have your eyes and mind on the road and your hands on the wheel. Hands-free driving only addresses one of these concerns. Even with your hands on the wheel, your eyes may be on the screen. Even if your eyes are on the road, your mind may be on the conversation.

Other studies showed that conversation reduces a driver’s field of vision. Sometimes, the reduction can be drastic. When engaged in conversation, drivers reportedly missed up to 50 percent of what they drove by. This is like driving with half of your windshield or rear-view mirror covered. Needless to say, this is not the safest way to be driving.

The best way to avoid distracted driving crashes is to limit in-vehicle distractions. This includes keeping devices out of the vehicle or turning them off when driving. Unfortunately, hands-free devices are not a cure for the distracted driving epidemic. While they may help in some instances, you should not rely on them.

Categories
Truck Accidents

Tanker truck carrying hazardous chemicals overturns on I-40

Truck accidents are an unfortunate occurrence on Tennessee roadways. With the increase in trucks on the roads, it is bound to happen regularly. However, when a truck accident occurs, even if it is not an injury accident, it still causes issues for everyone else on the roads. This is especially true if the truck is carrying hazardous materials. 

A good example of how such an accident can bring traffic to a standstill is what happened to a tanker truck on December 15, 2019. Right before 5:00 a.m., reports came in that a tanker truck had turned over in the median on I-40 after a crash. The truck did not completely flip over, but was rather leaning into the median, which prevented the driver from moving it any further. There were injuries in the accident, which involved another vehicle, but there were no updates on the severity or current status of the individuals involved. 

The main issue with this accident was not the large truck blocking the roadway as it was not across all lanes, but rather that it was carrying hazardous materials. If a spill were to happen, it would completely close the roadway for quite some time. 

To fix the accident, road crews had to carefully remove the truck from the median and get it back onto the road without causing any further damage or spilling its contents. This was a precarious process that took crews hours to accomplish. During this time, officials closed I-40 at I-640 heading west of the accident scene. 

An accident with a large truck is a scary situation even if it only involves minor injuries and property damage. The risks are quite high for catastrophic injuries and even death, especially in an accident involving a truck carrying hazardous materials. 

Source: WATE