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Uncategorized

Illicit drugs are not the only ones that affect one’s ability to drive

Many Tennessee drivers understand that not only is taking drugs, like cocaine, heroine and marijuana, illegal, but they also affect driving ability. Not as many drivers, however, realize that prescription medication and over-the-counter drugs can negatively affect driving as well. As a result, drugged driving can result in a DUI and/or serious accidents. 

According to the National Institute on Drug Abuse, almost 20% of impaired drivers tested positive for opioid drugs. In fact, opioid use can double the chances of getting into a crash due to reported side effects such as diminished judgment, drowsiness and impaired thinking. These are also side effects of other prescription drugs, such as benzodiazepines, which also cause dizziness. 

The two age groups that tend to drive under the influence of drugs more often are teenagers and older adults. Teens have less experience on the road, and they often practice more risky driving behavior, such as speeding. Many older adults take multiple medications, are not able to break them down as fast and may take the incorrect dosage, which leads to intoxicated driving. 

Along with opioids and benzodiazepines, the FDA lists additional prescription and OTC drugs that can negatively affect driving ability. These include: 

  • Antidepressants 
  • Antiepileptic and antipsychotic drugs 
  • Codeine-containing meds 
  • Stimulants such as diet and caffeine pills 
  • Sleeping pills and muscle relaxants 
  • Certain allergy and cold remedies, such as antihistamines 

The FDA warns that the effects of some drugs, such as sleeping pills, can linger into the next morning. Combining any of these meds, or taking in conjunction with alcohol, also intensifies their effects. 

Categories
Injuries

Tennessee damages cap may change

The Tennessee Supreme Court heard arguments in September 2019 regarding the damages cap for personal injury lawsuits in this state. Currently, 30 of the 50 states in America have caps on the amount of money that the judge can award in a personal injury case.

The trouble is that a cap can interfere with the jury’s verdict. In several recent cases, the jury ruled to award amounts larger than the cap. The plaintiff will never receive that money, though, if the damages cap does not change.

The constitutionality of a damage cap

Some Tennessee individuals argue that the damages cap is unconstitutional because it interferes with the right to a trial by jury. If the cap determines the amount of the reward, the jury’s ruling does not matter. Individuals harmed by a defective product or unsafe business practices may decide not to bring up a lawsuit because they mistakenly think that the attorney’s fees will be more than the $750,000 in damages that the suit might garner.

If the Tennessee Supreme Court does decide to remove the cap, it will follow 11 other states who have ruled damages cap laws unconstitutional. It also may even the playing field for lower-income individuals seeking personal injury claims. At this time, the damages cap in Tennessee mainly applies to two types of damage awards.

Punitive damages

Tennessee caps punitive damages at $750,000. This applies to cases where the jury finds the defendant guilty of negligence, reckless behavior or outrageous conduct. These damages act as a punishment for the person at fault more than as compensation for the injured person. Punitive damages alert the guilty parties to the severe consequences of their actions.

Noneconomic damages

Tennessee also caps noneconomic damages at $750,000. These refer to pain, suffering or mental anguish experienced after an injury. For many who unfortunately are the victim of an accident, the road to recovery is long and can include costs far beyond the medical bills. Noneconomic damages seek to make restitution for that suffering.

Categories
motor vehicle accidents

Why do so many people die from motor vehicle accidents?

It is no secret that driving or riding in a vehicle is a dangerous activity. However, it is something most people do every single day. For the majority of people in Tennessee, driving or riding in a vehicle is a necessary activity because they need to commute to work, take the children to and from school, visit the doctor’s office, go grocery shopping or do other things they must do. What this means is there is a very high number of vehicles on the roadways every day, and accidents happen all the time. While most are minor and do not result in serious injuries, there are some that end up being fatal. It is everyone’s responsibility to try to figure out how to prevent and stop fatal accidents.

This duty starts with understanding why so many people die from motor vehicle accidents. The Centers for Disease Control and Prevention explain the U.S. has an incredibly high rate of death from motor vehicle accidents that other high-income countries do not. The two leading causes of fatal accidents are drunk driving and speeding.

There are also a lot of risk factors in the U.S. that lead to serious accidents. Behind drunk driving and speeding is not wearing seat belts. These safety devices save lives as shown time and again by statistics. Yet, many people do not use them.

There is also an increasing number of people who drive distracted. When driving, you should focus only on that task. You should not look at your cell phone or even fiddle with the radio. You need your whole mind on driving and your eyes on the road.

Every cause of a fatal car accident is preventable. This makes it so frustrating when these accidents happen. It is why every driver must take responsibility, follow the laws and be a safe driver. This information is for education and is not legal advice.

Categories
Uncategorized

Why is distracted driving so risky?

Residents of Tennessee like you deal with risks on the road every day. Some of the biggest risks come in the form of distracted drivers, who are engaging in a behavior that is dangerous in many different ways. 

First, distracted driving is dangerous because it can take your hands off of the wheel. This is true for everything from texting to eating. Even taking your hand from the wheel long enough to change the temperature or adjust your radio station could be enough to cause you to crash. Taking a single hand from the wheel can result in a loss of fine control that could have helped you avoid any incidents. 

Second, it takes your eyes off of the road. When you travel 60 miles per hour, you cross the distance of a football field in 3 seconds. This means that even glancing down at your phone to read a text message can result in you crashing into another vehicle or even drifting into another lane of traffic or off of the road entirely. 

Finally, it can take your mind off of driving. This lowers your reaction times and makes it harder for you to spot danger that you may have otherwise noticed in advance. As with the other two categories, this can therefore increase your chances of getting into a crash that you may have avoided. 

If you are interested in taking a more in-depth look into distracted driving and the related risks, consider viewing our web page on motor vehicle accidents. We closely examine all aspects related to it. 

Categories
Injuries

Why do women have a harder time getting an accurate diagnosis?

When it comes to feeling your best and taking proper care of your health, regularly visiting your Tennessee-area physician can be a necessity. But what do you do when, as a woman, you feel your current doctor cannot provide you with proper treatment or answers regarding a health issue? A missed, inaccurate or late diagnosis can result in unnecessary suffering, treatment and spending.

WebMD shines a light on the matter. Hopefully, you can learn how to protect your peace of mind and your health when your doctor drops the ball.

Insufficient research

Initially, the male body was the standard in medical research, meaning that discoveries could be unique to the male body. Even today, there is a lack of research aimed specifically at how disease and health differ in women’s bodies. This has resulted in a multitude of misunderstandings, confusion and unanswered questions surrounding how to provide proper treatment for women.

Opposing symptoms 

Even if a male and female patient both have the exact same medical condition, they can present different symptoms. Doctors unfamiliar with such different symptoms may mistakenly believe that a woman has a completely different condition. For instance, rather than the typical chest pain associated with a heart attack in men, a woman may instead experience neck pain, indigestion or trouble breathing. Women themselves may not realize their difference in symptoms, which can lead them to not seeking medical attention when they need it.

Downplaying concerns

Sometimes, doctors make women feel like they blow symptoms and medical concerns out of proportion, or that any discomfort they experience with something like their period is normal and nothing to pursue treatment for. If women do not push nurses and doctors to run tests or take their concerns seriously, or if medical professionals refuse to take a patient’s concerns seriously, the situation could become life-threatening.

Race

There are times when women of color have a harder time receiving a proper medical diagnosis because of their race. Some medical conditions are more common in black women when compared to white women.

Categories
motor vehicle accidents

Distracted driving statistics highlight the risk

Tennessee residents have certainly heard and read a lot about distracted driving over the last decade or so. A lot of the focus in this discussion has centered around the use of cell phones while driving. However, there are numerous things that may distract drivers including built-in infotainment systems, children and other passengers, eating and drinking in the car, even personal grooming and more. Just how serious is distracted driving in America?

According to the U.S. Centers for Disease Control and Prevention, distracted drivers claimed the lives of 3,450 people in 2016. In the prior year, almost 395,000 people were either injured or killed in distracted driving accidents. Today, it is believed that nine people die every day on U.S. roads in these crashes.

Records from the National Highway Traffic Safety Administration show that in 2017, distracted drivers were responsible for the deaths of 3,166 people. The use of cell phones was reported to be involved in 434 of those, highlighting the reality that distractions extend far beyond the phone.

The insurance comparison site, The Zebra, conducted a survey earlier this year to gauge the opinions of drivers across the country. It seems that job pressures may contribute to some distracted driving as 25% of people said they felt strongly compelled to respond to messages or calls when in the car if they were related to work. This pressure was felt even more by drivers between 18 and 34 years of age as 37% of those drivers indicated a strong urge to respond while driving. It seems many drivers still watch videos, take photos and more when they should be focused on the road.

Categories
motor vehicle accidents

Unsecured bale of hay falls off truck and kills Tennessee teen

Winning the state championship is an accomplishment that many high school football teams aspire to. However, one Tennessee team has made it a mission to take home the championship trophy in honor of one of their teammates who died approximately a week and a half ago in a motor vehicle accident involving another vehicle with what appears to have been an improperly secured load.

On a Saturday afternoon, the high school student was following a truck hauling bales of hay on a Tennessee highway. For reasons that are still under investigation, one of the hay bales fell out of the back of the truck. Details as to what, precisely, happened next are a bit vague, but authorities report a head-on collision between the errant bale of hay and the teenager’s vehicle in which the high school student lost his life.

The young man who died was a senior in high school, active in athletics. His football coach describes him as universally beloved. His teammates have reportedly taken the loss very hard, perhaps more so because it occurred the day after a significant gridiron victory which the deceased had been enthusiastic in celebrating at its conclusion.

Charges are pending against the 21-year-old driver of the truck that lost part of its load. Once the investigation reaches its formal conclusion, the district attorney will make a decision in regard to moving forward.

Nothing can replace the loss of a loved one, but family members have the right to seek damages against a negligent party that caused an accident. Hiring an attorney may be helpful in this endeavor.

Categories
Uncategorized

Do you have a case for a vaping lung injury?

Vaping injury stories are increasingly common in the news of late. This unnerving issue has many people on edge. Vaping was once seen as a healthier alternative to smoking, but now that is under question. To further confuse the issue, there is a lot of misinformation or half-truths floating around about this concern. It is difficult to know what is accurate about the vaping injuries reported in the Tennessee news.

If you vape, you may wonder if you should be concerned. After all, if you suffer an injury, you will want to hold someone accountable so that other people do not have to go through what you did. However, thus far there is not a lot of conclusive information about these concerns. The Washington Post explains officials are still researching and gathering information about the vape injuries.

An initial warning

The best officials can do is warn you to stop vaping. There is a specific warning against using THC products in vapes. Most of the people suffering from injuries used THC products. Many of these people admitted to using black market products or altering the existing vaping juice to add THC oil.

The confusion

The main confusion is because there are many conflicting reports. Some sources say only people who have used THC vaping have suffered, while others make more general statements and even name specific vaping brands linked to those with injuries. Official reports have not released a lot of information and only provided the general warning to stop vaping.

In addition, there are no clear explanations about the actual medical conditions of the injured people. According to most sources, they have a serious lung-related illness or condition, but further details are not yet forthcoming.

Without more complete knowledge, it is difficult to hold anyone accountable for these vape-related lung injuries. It will take more time and information to get to the bottom of things.

Categories
nursing home abuse and neglect

Deficiencies in Tennessee nursing homes

Not all Tennessee nursing homes have problems. Many families are able to find a suitable place that cares for their loved one. However, some Tennesseans are not so fortunate. A report by the Knoxville News Sentinel described negligence of care discovered in a number of nursing homes in the state, including one in Knoxville. These deficiencies in care have resulted in injury and contributed to the deaths of some nursing home residents.

As explained by the Knoxville News Sentinel, a common problem with these deficient nursing homes is a lack of staffing. Because of an inadequate number of care workers, residents suffered from a lack of proper care. It was common in these understaffed homes to find residents suffering from bedsores. There were also residents who had lost an excessive amount of weight, with some suffering from a lack of hygiene that contributed to infections.

Negligence in care was also found to cause serious injury. One nursing home resident suffered knee fractures after sliding out of bed during a changing of bed sheets. Her fall was not reported until she screamed in pain. A nursing home in Maryville had residents suffering multiple falls, with one resident falling nine times and experiencing one fracture. In a nursing home in Johnson City, residents were restrained, which put them at risk of hurting themselves because they tried to get free.

Medication errors were also common among the negligent homes, with some homes suffering medication errors above the federal standard. In a Humboldt home, a nurse provided a diabetic resident with an excessive amount of insulin that put the resident into a coma. A Madison nursing home failed to provide residents with needed insulin and also provided incorrect blood pressure and cardiac medication.

These examples provide an idea of the forms of negligent care that take place in some Tennessee nursing homes. Mismanaged care can significantly degrade the health of a senior citizen or even result in death. It is crucial to seek assistance if abuse or neglect is occurring to preserve the life of the resident being abused and if necessary, prepare for possible civil litigation.

Categories
Uncategorized

Fatal DUI crash caused by driver out on bond for prior offense

young Tennessee man killed in a fatal DUI crash on Highway 385 near Rivervale would have turned 25 next month. He left behind a six-year-old daughter and a wife who were not in the car with him when the fatal accident occurred. As reported by WREG Channel 3 News, the alleged cause of the crash was another Tennessee man who was allegedly driving while intoxicated and out on bail for a previous DUI offense. He also fled the scene of the accident. 

A witness saw the driver who caused the accident speeding past at about 100 mph. When officers caught up with him, they smelled alcohol and the driver displayed the typical tell-tale signs of intoxication. He admitted to having caused the crash that killed the young father. Officers detained the driver, who now faces charges for multiple offenses, including vehicular homicide and DUI. 

The news team reporting on the tragic accident obtained documents showing a Collierville court charged the intoxicated driver six weeks earlier for another DUI. His payment of a $750 bond enabled him to get out of jail and return to the road prior to causing the fatal crash. According to data compiled by the Tennessee Highway Patrol, the year 2018 saw more than 1,800 vehicle crashes caused by alcohol impairmentThe THP also made close to 7,000 arrests for DUI during the same year. Out of the overall 29,186 crashes occurring in Tennessee in 2018, more than one third resulted in injuries or fatalities. 

Whether the cause is driver negligence, such as DUI or distracted driving, involvement in a vehicle accident can result in drivers and passengers — sometimes pedestrians and cyclists — battling serious and debilitating injuries. When catastrophic injuries or wrongful deaths result from a driver’s negligence or recklessness, a legal action may help survivors and injured individuals cope with the extremely difficult circumstances.