Categories
Truck Accidents

Truck accidents: the facts

Some Tennessee drivers might not think twice about it, but the job of a truck driver is often no easy task. In addition to extended periods of time on the road, tight schedules and limited food options, truckers must grapple with perhaps the biggest challenge of the job: the truck itself. These road giants are powerful, making them both efficient and dangerous. How common are truck accidents, and what are some of the typical causes of crashes? 

One 2014 report from CNBC expressed concern over the rising number of truck accidents in the country. According to the report, fatal truck crashes happen 11 times a day on average, claiming over 4,000 lives each year. There are roughly 100,000 nonfatal truck crashes that happen annually — a number that has steadily risen since 2009. And while many might assume that reasons for crashes simply trace back to poor driving habits, CNBC reveals the unsettling truth that countless truckers are pressured to deliver goods within strict timeframes, causing them to rush on the road. CNBC also criticizes the industry as a whole for not making speedier efforts to get safety technology devices installed in trucks. 

Strict deadlines are only one of a long string of reasons why truckers experience horrific crashes. Findlaw sheds light on the driving habits of all others on the road, noting that a common cause of truck crashes involves a passenger vehicle driver’s underestimation — or overestimation — of a truck’s abilities. Some drivers mistakenly believe that a truck can break as quickly as a passenger vehicle; this is hardly the case. Other drivers make poor decisions to pass a semi-trailer truck when it is not safe to do so. Findlaw also points to inadequate trucker training, unrealistic schedules and unsafe speeds as other causes of acccidents in this industry. Learning more about the safety of the trucking industry itself can help one better prepare in the case of an unfortunate incident.     

 

Categories
Fatal Motor Vehicle Accidents

Are autonomous cars making roads safer?

Sometimes, there is no way to avoid a car accident. However, in many cases, the driver at fault was simply driving irresponsibly or in a reckless manner. When a crash becomes fatal, the reasons for the accident can become all the more crucial; these factors can help clarify an investigation. Recent news shows a relatively new possible safety threat on the road: that of autonomous cars. Do the pros outweigh the cons? 

Although the purpose of autonomous vehicles is to make driving safer, many new technologies must go through multiple stages to reach utmost performance. Newsweek reported on one fatal crash involving a self-driving Uber car that, upon investigation, had malfunctioned while in operation. The cause? Most likely, the crash happened as a result of a software glitch that affects the car’s ability to detect objects. The Uber car hit a 49-year-old woman bicycling across the street, making the first fatal pedestrian accident caused by an autonomous vehicle. At the time of the report earlier this week, Uber had not responded to the reasons for the crash. 

The initial purpose of autonomous cars, as the National Highway Traffic Safety Administration reports, is to make roads safer. Automated Driving Systems are currently under review with the NHTSA, as the safety department continues by explaining how this innovative technology will one day become the new normal. Although the aforementioned accident was certainly a horrific shock amidst an otherwise progressive step forward, the NHTSA goes on to state that these systems can help drivers avoid drifting into other lanes or making unsafe lane changes, as well as warning drivers of surrounding vehicles. Some autonomous cars may still be in the developing stages, but the outlook on this technology seems positive as a whole.  

 

 

Categories
Motorcycle Accidents

Tennessee’s motorcycle helmet law

Warm weather in Tennessee is here at last, and that means the motorcycles are beginning to keep the roads hot. While the safety precautions one takes may depend on the type of bike, current state laws enforce helmet use at all times. Regardless of one’s age or experience, a motorcycle accident with helmets involved could decrease riders’ chances of suffering from serious injuries.

Although most states have at least partial laws enforcing the use of helmets, there has long been a debate over these requirements. The Tennessean reported on one effort in 2016 to modify the state’s motorcycle helmet laws; however, the billed failed to pass in a Senate committee. This has not been the first attempt at changing Tennessee’s helmet requirements. Those for the modifications claimed ending laws for insured drivers over the age of 21 would welcome tourism, while those in opposition argued that law enforcement would not be able to determine which riders were properly insured, and that hospitals would ultimately pay the medical price with potentially increased accidents and injuries.

To clarify state regulations, the Insurance Institute for Highway Safety shares that 19 states currently have laws that require helmet use among all riders. Only Illinois, Iowa and New Hampshire do not have any current helmet laws. As for Tennessee, all riders are required to wear helmets when operating a motorcycle. The IIHS also notes that one reason most states have jumped onboard strict helmet regulations is due in part to the 1967 incentive in which all states were required to enforce helmet laws in order to be eligible for various construction funding and federal safety programs. Many may argue over these incentives and the rules that followed, but the penalties for failing to wear a helmet remain steep.    

 

Categories
Car Accidents

Are infotainment systems doing more harm than good?

Most Tennesseans do not think twice about safety before starting a journey on the road; after all, the destination is the ultimate goal. However, forgetting basic driving safety precautions can prove highly dangerous, no matter how short the drive. Recent studies have revealed a distraction that has been the culprit behind countless car crashes: high-technology devices. 

Last October, The Washington Post speculated on high-tech devices in newer cars and their potential for distracting drivers. According to The Post, most of these devices take roughly 40 seconds to operate — 40 seconds of time in which a driver’s eyes are not on the road. If smart phones were not distracting enough, these devices contain features that allow internet searches and social media interactions, pulling attention further away from the road. Experts claim these infotainment systems could be safer if they came with certain limitations while the vehicle is moving. The warnings of such devices are not unfounded, either; The Post shares that the number of people killed in crashes in 2016 increased by 40,000.

Consumer Reports also expresses concern over high-tech car features, using a 2017 study from the American Automobile Association to show that entering information into navigation systems and texting were the two leading causes of accidents the previous year. The most distracting devices, according to CR, were found in luxury model cars. This information is hardly shocking — the National Highway Traffic Safety Administration released a set of guidelines warning automakers of these dangers years ago. However, CR criticizes the efforts of the NHTSA, arguing that their proposed solutions were antiquated in comparison to new and innovative technology. The use of technology in cars may be here to stay, but CR leaves audiences with the advice to always learn about infotainment systems before hopping behind the wheel.   

   

 

 

Categories
Car Accidents

Tennessee’s texting and driving laws

Texting and driving has become such a commonplace term in recent years that many drivers no longer hear its message. As technology continues to blend into the everyday lives of Tennesseans, however, warnings about distracted driving become all the more crucial. As technology changes, so, too, do the laws that surround cell phone use while driving. 

The Tennessean shared last August that, as of January 2018, handheld phone use in active state school zones is illegal. Even reading texts in these zones can land one in trouble with the law in Tennessee. Law enforcement officers behind this new regulation argued that the focal point of school zones should revolve around one aspect: the safety of children and other pedestrians. Not only does cell phone use slow down school traffic; it can pose a serious safety threat to all others on or near the road. The Tennessean goes on to share the new law comes with steep penalties, with a first offense resulting in a Class C misdemeanor and a fine of up to $50. An exception lies in the device itself, and drivers over 18 using a hands-free device do not face such penalties. 

The website for the National Conference of State Legislatures provides additional details on the ongoing changes in the nation’s texting and driving laws. Although no state fully bans cell phone use while driving, some hold varying regulations on the extent of cell phone use behind the wheel. The Legislature adds from the aforementioned rundown of recent Tennessee laws by noting that the new regulations apply to school bus drivers, learner’s permit and intermediate license holders. The website provides further information on texting and driving laws in each state and, while they may seem strict, they work to keep everyone on the road safe.   

 

 

Categories
Drunk Driving Accidents

Proposed law may aid officers’ efforts

In Tennessee, people are aware that drunk drivers can be on the road at any time of day or night and at any season throughout the year. It is not only New Year’s Eve or other such times when people can be seriously injured or killed by intoxicated drivers who should never be behind the wheels of vehicles. Law enforcement officers continue to search for ways to curb this behavior and to nab those who choose to engage in it.

A new law has been proposed in Tennessee that at first glance seems to make life easier for drunk drivers. However, it actually may give law enforcement officers a leg up in their effort to find and arrest these people.

Currently, if a person chooses not to have their blood tested when asked by an officer who suspects they may be driving drunk, that driver may end up being charged with a misdemeanor crime. The new bill would change that and eliminate criminal charges for such refusals. The benefit to officers of doing this is that they may have an increased ability to then push for the chemical testing to be done since a Supreme Court decision in 2016 requires a search warrant for such testing if a person originally refuses.

While it remains to be seen if this bill will pass, drunk driving accidents may continue to happen. After they do, those involved might want to talk with a lawyer to see how they can get help.

Source: WBIR.com, “Bill would remove criminal charge for refusing blood test for DUI,” Grant Robinson, April 2, 2018

Categories
Motorcycle Accidents

Motorcyclists’ rights and protection

With spring fully underway, many people in Tennessee may be getting ready to get out and enjoy the open road on two wheels. The freedom and joy that comes from riding a motorcycle is something that simply cannot be matched from riding in a car or other passenger vehicle. At the same time, the level of risk that a person faces when on a motorcycle is also greater than that of a person in a car or other vehicle. 

As explained by Geico Insurance, bikers and their passengers can and should make safety a priority. Always wearing a helmet and eye protection are some the most basic things that a person can do to help themselves in the event that they are involved in an accident on a motorcycle.

It is important to recognize, however, that staying safe on a motorcycle is not always up to the person on the bike. Cars and other vehicles pose many risks to bikers and riders should always be extra aware of situations that can be hazardous. Riding along a parked car opens up the chance that a door might open in front of the bike, for example. Bikers should always attempt to make eye contact with drivers before making turns or other maneuvers to ensure they are seen.

If you would like to learn more about how to stay safe when on a motorcycle or how to get help after either yourself or a loved one has been injured while riding a motorcycle, please feel free to visit the biker’s safety and compensation page of our Tennessee personal injury website.

Categories
Car Accidents

What should I do immediately after a car accident?

If you become involved in a Tennessee car crash, there are several things you should do immediately afterward. There also are several things you should not do. As FindLaw explains, the most important thing you should not do is leave the scene until law enforcement officers authorize you to do so. Leaving too soon could put you at risk for charges of leaving the scene or even hit-and-run.

Naturally the first thing you should do is check yourself and your passengers for injuries. If any of you are in pain, feel dizzy or have an obvious injury, call 911 immediately and request assistance from both first responders and law enforcement. If someone is seriously injured, do not attempt to remove him or her from the vehicle unless confronted with a life-threatening situation such as a fire, downed power line, rising flood waters, etc. Moving an injured person can exacerbate his or her injuries.

Collect information

After checking all other drivers and passengers for injuries, begin exchanging information with the other drivers including the following:

  • Names, addresses and telephone numbers
  • Driver’s license numbers
  • License plate numbers
  • Insurance company contact information

While talking with the other drivers, maintain a friendly and cooperative atmosphere, but never assume guilt for the accident, actually or impliedly, even if you think you might have been responsible for it. Everyone’s emotions run high after an accident and people are quick to assign blame. Do not participate in any of this speculation. None of you yet knows exactly what happened and it is not your jobs to determine that. The law enforcement officers and insurance adjusters perform that duty after their investigations.

Talk to witnesses

If any pedestrians witnessed the accident, talk with them, get their contact information and jot down what they say happened. Do likewise with the drivers and passengers of any vehicles that stopped to help.

Take pictures

One of the best features of cellphones is their ability to take pictures. Use yours to photograph all the vehicles involved in the accident, including your own. Pay particular attention to their license plate numbers and any evidence of damage, both old and new.

Make a police report

Once law enforcement officials arrive at the scene, get the name and badge number of each officer. Answer their questions truthfully, but again, do not in any way admit or imply guilt. Be sure to obtain the accident report number and find out when, where and how you can obtain a copy.

This is general information only and not intended to provide legal advice.

Categories
Car Accidents

Tesla fights NTSB over Autopilot car crash death

Vehicles that drive themselves present a continuing fascination for Tennessee drivers and others across the nation. Once relegated to pure science fiction and battery-operated action toys, partially self-driving cars are today a reality, albeit a still imperfect one.

Witness the latest death that occurred in a Tesla Model X automobile. It crashed into a North Carolina highway divider in March, killing its driver. He had engaged the Autopilot feature that supposedly allows the car’s computer to make sure the vehicle stays not only within lane lines, but also a safe distance away from other vehicles. A similar fatal Autopilot accident, this one in a Tesla Model S, occurred about a year ago when the system failed to prevent the car from crashing into a truck that turned across its path. Tesla’s literature, however, consistently warns that drivers are responsible for keeping their eyes on the road, their hands on the wheel, and monitoring the Autopilot’s performance at all times.

Given that driver error causes upwards of 40,000 vehicle crash deaths each year in America, it is questionable whether or not all human beings are capable of driving safely, even with the assistance of computer technology. Not surprisingly, Tesla’s views on this subject differ from those of the National Transportation Safety Board. Both organizations immediately began investigating last month’s crash, but that joint effort quickly ended. Either NTSB kicked Tesla off the investigatory team or Tesla quit, depending on whose story you believe. The underlying issue? The NTSB believes in withholding assignment of blame until the end of the investigation, often two years after the accident. Tesla, on the other hand, believes in assigning blame as quickly as possible, especially when it believes the blame lies with the driver, not the Autopilot system. Barely one week after the March 23 crash, Tesla announced that per vehicle logs and surveillance systems, the driver’s hands were not on the wheel and he took no evasive action to avoid the highway divider. The NTSB was not amused and the organizations parted ways.

Whether or not the two killed Autopilot drivers were totally or partially responsible for their own deaths, there is no question that inattentive and distracted driving is a continuing national problem. Auto accident victims may well wish to contact an attorney to explore the possibility of obtaining compensation for their injuries.

Source: Wired, “Tesla’s Wild Fight with the Feds Investigating Its Autopilot Death,” Jack Stewart, April 12, 2018.

Categories
Car Accidents

Minimal regulations in effect for autonomous vehicles

Residents in Tennessee and around the country understand why so many companies might seek ways to reduce the number of motor vehicle accidents that occur every year. While this may be a goal most people would agree with, the path to achieving this may not be something everyone is in agreement with. The United States Department of Transportation indicates that up to 94 percent of all crashes are influenced by some type of human error. This fact is often used to support the advancement of autonomous vehicles as the potential answer to traffic fatalities.

In an effort to help make self-driving cars a reality on American roads, the federal government is consciously limiting the amount of regulations it places on the companies developing these vehicles and the technologies associated with them. Some fear this opens the door to more risk for people who must share the road as guinea pigs with these vehicles as they are being tested.

There are many types of technologies and sensors that are used to make a self-driving car operate. Ultimately software must be programmed to teach the vehicle how to respond to different situations. Some question whether or not all situations can be accounted for up front and what a vehicle may do when confronted with a situation for which it has no program. It is this type of situation in which accidents may be more likely to keep happening.

When involved in a crash with a human-driven or self-driven car, people in Tennessee may want to talk with a lawyer to learn about their options. 

Source: Curbed, “Driverless cars: Are they safe for our cities,” Alissa Walker, April 3, 2018