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Categories
Car Accidents

What is hydroplaning and why is it dangerous?

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.

Categories
Fatal Motor Vehicle Accidents

School buses designed to keep kids safe

When children are victims of a car accident, it is tragic. When a school bus crash causes multiple child deaths, the entire community is touched by the tragedy. Despite the high-profile incidents of ongoing school-bus crashes, including one in 2016 in Tennessee, the National Highway Traffic Safety Administration states that school buses are still the safest form of transportation for children headed to and from school. In fact, the agency puts a number to the safety factor, saying that a safe arrival at school is 70 times more likely by bus than by individual cars.

The agency attributes this safety factor to the general design of a school bus, plus the support of stop-arm laws in every state in the nation. School buses are very visible, due both to their height and the color they are painted—yellow, which in traffic signs and signals is the color for caution. They also have flashing red lights to attract attention, stop-sign arms to halt motorists and cross-view mirrors that give the drivers a better view of the road and the traffic on it. State laws support the use of the stop-arms, making it illegal for drivers to pass when it is used. Drivers use the stop-arm when children are getting on and off.

In addition to the exterior safety features, the interiors of larger school buses are designed using “compartmentalization.” This concept shifts the focus from seat belts to the seat compartment itself. Strongly framed seats are placed closely together and provide energy-absorbing seat backs to help prevent injuries. Smaller school buses, those weighing less than 10,000 pounds, more closely resemble passenger cars, so they require seatbelts.

Despite the laws and safety designs, school-bus accidents continue to occur. Fox News reports that Tennessee jurors earlier this year convicted a driver of negligent homicide in the death of six children in a 2016 accident. The driver was using a cell phone and going too fast to negotiate a curve. He ran the bus off the road, where it hit a pole and was flipped into a tree.

This article contains information that is general in nature and is not meant to be taken as legal advice.

Categories
Fatal Motor Vehicle Accidents

Sudden deaths can bring traumatic grief

Losing a friend or family member is always difficult, but when the death is through an accident or another surprising event, trauma is added to grief, giving survivors a one-two punch that sends them reeling. If you are dealing with the loss of a loved one from an accident, the legal team at Pryor, Priest and Harber offers our sympathies. We have worked with bereaved family members who are experiencing traumatic grief, and we know you need an extra measure of support and consideration.

Psychology Today describes traumatic grief as “extremely painful” because so many things can trigger reminders of the person and bring the loss back again and again and again—so it is always fresh and it is always a shock.

Having trauma and grief at the same time can also hinder people from coming to terms with the bereavement. Survivors try to hold on tight to memories and mementos because they are afraid that they will forget the deceased. Being driven by fears such as these, the normal process of remembering that person and coming to terms with the loss becomes obscured.

One of the reasons grief is such a painful emotion is that the bonds people have with the deceased do not end with their deaths. One fights against being separated from that bond, and feelings that accompany grief are anxiety and difficulty understanding the loss. This confusion is called numbing, which may bring feelings of denial and shock, even more so when death is a sudden event.

Grief is normal, and it is a different experience for everyone. In time, the physical pain eases, and people may find the loss spurs them to build closer relationships with surviving friends and family members.

If you are dealing with traumatic grief due to the loss of a loved one in an accident and need representation, contact our team at Pryor, Priest and Harber. To learn more about our services, visit our webpage.

Categories
Motorcycle Accidents

A current outlook on helmet laws

The debate over whether motorcyclists should wear protective helmets when riding has been a seemingly endless one. Motorcycle enthusiasts across the nation are divided on this subject, some arguing that it crosses the line in terms of one’s freedom. Tennessee motorcyclists are currently required to wear a helmet while operating bikes on the road, but might those laws change in the future?

According to one U.S. News article, some motorcyclists have recently continued the fight for freedom, despite the rising numbers of fatalities in some states that have loosened laws surrounding required helmet use. Some riders even go as far as to connect the freedom of choosing to wear a helmet with the freedom of speech; others claim that a tumble from a bike will likely do damage regardless of helmet use. However, doctors and safety experts alike argue otherwise, stating that making this choice comes with serious risks. While studies show a rising number of deaths alongside changes in helmet laws, one motorcyclist highlighted in U.S. News’ article pointed out that an increasing number of motorcycle registration across the country has actually reflected a decrease in deaths since helmet-less laws took effect. 

As motorcyclists, safety experts and insurance agents continue to disagree over helmet laws, there appear to be no changes in Tennessee’s regulations on the matter. The Governors Highway Safety Association shares that a universal helmet law has been in effect in the state since 1967. This universal helmet law was, in part, popularized with the benefits it brought along: highway safety funds. The penalties for noncompliance with this law has since been revoked, but the GHSA adds that 47 states still enforce helmet laws for motorcyclists.   

 

Categories
Truck Accidents

New guidance on personal use of big rigs

Among the many concerns that Tennessee residents must contend with on the roads is the danger posed by large commercial trucks. Fatigued drivers can be a serious problem given the number of long and lonely hours that truckers spend behind the wheels of their rigs. The Federal Motor Carrier Safety Administration has issued a rule that was designed to reduce fatigue among truckers in an effort to reduce accidents and improve safety. 

Called the Hours of Service rule, this law caps the number of hours that a trucker may work in a given day or week, how many of those hours may be spent driving versus doing other activities, when breaks should be taken and how long those break periods must last before work is allowed to resume. 

Fleet Owner recently reported that the government has now issued a new set of guidance that some might fear could blur the lines here a bit. In short, commercial vehicle drivers may now be allowed to use their trucks for personal purposes. The amount of time they spend driving trucks for personal use is not to be factored into their capped number of drivable working hours in a day or week.

This means that a trucker theoretically could end up spending far more hours behind the wheel of a semi truck or other large vehicle than many people would like to think. It also may open up a lot of questions about liability if an accident were to happen when a trucker was officially off duty but operating a commercial vehicle.

 

 

Categories
Motorcycle Accidents

Ooltewah motorcyclist killed in car accident

One might say that motorcyclists in Knoxville are already at an inherent disadvantage when it comes to staying safe on the road. The lack of protection offered by their bikes means that even in a minor collision, they could be at risk of suffering severe injuries. There are steps that motorcyclists may take to mitigate those risks (such as wearing a helmet and protective clothing), yet they also have to worry about inattentive motorists. It can be difficult to see motorcycles on the road, and despite extensive campaigns to increase awareness of motorcyclists, many drivers may still forget to do those simple things to make the road safer for all. 

Sadly, devastating consequences typically accompany collisions between motorcycles and vehicles. This fact was on full display following a motorcycle accident near Meigs County. Authorities believe that a driver pulled on to local highway from a private driveway without seeing a motorcycle approaching. The resulting collision between the two vehicles resulted in the motorcyclist (an Ooltewah resident) being thrown from his Harley Davidson. He died from injuries sustained in the collision. It was later reported that the motorist was not injured at all. 

The pain of losing a loved one in a motorcycle accident might be equaled only by the concern that may come from trying to figure out how to fill the emotional and financial voids he or she leaves behind (this coming after his or her family also having to pay potentially inordinate medical expenses). In such a scenario, family members may be left with little choice but to seek compensation from the responsible parties. An experienced attorney may be a valuable asset to consult with when working to secure such compensation.  

Categories
Drunk Driving Accidents

Assigning liability even if a driver is not legally drunk

Determining liability for car accidents that occur in Knoxville can often be tricky, especially when no clear cut evidence points at one particular party. In cases where suspicion as to whether or not alcohol may have been involved exists, those who are believed to have been drunk at the time of an accident may point to them not having been shown to be legally intoxicated on a sobriety tests as absolving them. By now, popular media and word of mouth likely has filled most of the general public in on the details found in Section 55-10-401 of Tennessee’s Annotated Code: that a blood-alcohol concentration of .08 percent is the standard for determining intoxication. 

Hidden within this standard seems to be an implication that it is permissible for one to drive after having consumed alcohol provided that his or her BAC remains under the legal limit. While one certainly could be said to be taking a big gamble by assuming that his or her BAC is below .08, technically he or she could avoid a DUI in such a scenario (the exception would be one driving a commercial vehicle; his or her BAC need only be above .04 to be charged with DUI). An important point to remember, however, is that simply because one suspected of driving under the influence did not register a reading above the legal limit, that does not absolve him or her of liability if his or her impairment caused a car accident. 

There may be another way to legally link local drunk driving laws to an accident even if a driver’s BAC is not above .08. Per the Tennessee Department of Safety and Homeland Security, the state does have an open container law. A proven violation of this law may cited when trying to assign liability in an accident. 

Categories
Motorcycle Accidents

The most common motorcycle injuries

As perfect as hitting the road on a motorcycle feels, it can almost seem as if the two were made to go together. Most Tennesseee motorcycle enthusiasts would agree with this sentiment, especially as the weather continues to grow warmer in the Volunteer State. Unfortunately, this eagerness to keep the roads hot comes an alarming number of accidents. The below information shares a few accident prevention tips, as well as the most common types of motorcycle injuries.

The National Highway Traffic Safety Administration stresses in a brochure on motorcycle safety that motorcycle accidents take 2,100 lives each year. On the same note, motorcyclists are 16 times more likely to suffer fatal injuries than their automobile counterparts. The NHTSA also points out that most crashes involving motorcycles are not the motorcyclist’s fault. To avoid injury on the road, the NHTSA encourages motorcyclists to wear proper protective gear, including gloves, jackets, appropriate footwear, helmets and eye protection. Helmets are the key in this list of protective gear, as they have proven to be 29 percent effective in preventing fatal injuries. 

RideApart magazine understands that, sometimes, an accident can occur despite all the preventative steps taken. Using a study from the Centers for Disease Control and Prevention for reference, RideApart explains that 30 percent of all non-fatal motorcycle injuries involve the feet and legs. Following close behind are injuries dealing with the head and neck, which accounted for 22 percent of all non-fatal injuries. Upper trunk wounds followed head and neck injuries, and arms and hands made up the smallest percentage of non-fatal damages. Not only can these statistics help motorcyclists become more alert; they can ultimately save lives.    

 

  

Categories
Car Accidents

How to avoid falling asleep at the wheel

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. 

  

 

Categories
Truck Accidents

The dangers of drowsy truck driving

Unlike many jobs in which employees can punch the clock at the end of a long day, Tennessee truck drivers must often push exhaustion to the limit. It almost seems as if today’s truckers have given the duty of hard work an entirely new meaning. Trucker fatigue has been a point of concern for years — and is a problem that is in dire need of change within the industry.

Most industries undergo some level of change, along with changes in the economy. Business Insider comments on the ways truck driving has changed over recent years, speculating on why the field has seen a drastic drop in the number of employees. While falling pay and an increase in driving costs have both contributed to the plummeting number of drivers, BI also brings to attention driver compliance, an issue that results in driver fatigue. Where does one draw the line between violating regulations and preserving employee health? When employers give drivers an unrealistic set of expectations, the safety of everyone on the road could be at stake.

As USA Today shares, one Los Angeles truck driver had a typical workday of 16 straight hours; unfortunately, he is not alone. Trucking companies commonly demand long hours and time away from home, leading to employee dissatisfaction and health concerns. Some companies even place the burden of truck repairs on the employees rather than addressing it through the company itself. USA Today also mentions the disturbing fact that some employers fire truckers when they become too exhausted to continue. Providing a scope into the lives of more than 300 drivers, USA Today found that companies frequently break federal safety laws that limit work shifts to 11 hours on the road per day. It is clear that the trucking industry’s problem regarding employee exhaustion is often linked to the violation of safety regulations.