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motor vehicle accidents

Tennessee law holds negligent drivers accountable for injuries

If you have experienced an auto injury, you may have a long road to recovery. Worse, your injury may prevent you from being able to work, making it difficult to cover mounting medical bills while continuing to support yourself and your family.

In Tennessee, the law holds negligent drivers responsible for the damage they cause. In addition to compensation for medical expenses, you may be able to recover damages for lost income, permanent disability and the pain and suffering caused by your injury.

1. Replacement of lost income

You may need to take time off work during your recovery, and if your injury is severe, it may impact your ability to earn income for months, years or even permanently. You may be able to receive compensation for both time missed due to your injury and future loss of earning potential.

2. Payment for medical expenses

From emergency room care to ongoing treatments, you may be able to collect payment for present and future health care costs related to your injury. In addition to the expense of hospitalization and/or surgery, your claim may cover the costs of prescriptions, assistive devices, physical therapy and follow-up medical visits.

3. Pain and suffering

Your life may never be the same after your injury. From the physical pain of the injury itself to the potential for lifelong disability or disfigurement, the law may hold a negligent driver accountable by awarding you compensation for the damage done to your life and to your family.

If another motorist’s recklessness has caused you or a loved one serious injury, it is important to act quickly. Under Tennessee law, you may have a limited amount of time to file a personal injury claim.

Categories
Fatal Motor Vehicle Accidents

Factors that lead to wrong-way crashes on divided highways

Wrong-way crashes often lead to catastrophic injuries and severe property damage. When these collisions, often head-on, occur at highway speeds, however, vehicle occupants are often fatally injured. Whether it is due to poor weather, inadequate lighting or driver error, wrong-way crashes on divided highway can be devastating, life-changing events.

The AAA Foundation for Traffic Safety looked specifically at wrong-way collisions that resulted in fatalities. The study examined data from 2010 through 2018 as provided by the Fatality Analysis Reporting System (FARS). During the time-period, there were 3,885 deaths resulting from wrong-way crashes and the AAA Foundation noted:

  • In those crashes, more than half those killed (52.8%) were the wrong-way drivers themselves.
  • Factors such as driver impairment and older age increased the likelihood of being a wrong-way driver.
  • Passengers in the vehicle decreased the odds of being a wrong-way driver.

After examining these fatal crashes, the AAA Foundation identified three factors that could increase the possibility of a wrong-way collision, including:

  • Impaired driving: Driving aptitude can be impacted by any substance impairment – drugs, alcohol or prescription medication. For the purposes of the study, researchers noted that as blood alcohol concentration (BAC) increased, so did the odds of being a wrong-way driver.
  • Unlicensed drivers: Whether these are drivers who have not officially attained the proper training level, or licensed drivers who have had their driving privileges revoked, suspended or expired, they are more likely to cause a wrong-way highway crash.
  • Older drivers: The study found that the odds of being involved in a fatal wrong-way crash dramatically increased after the age of 70.

Serious motor vehicle collisions can lead to dramatic injuries that impact the entire family. After the loss of a loved one in a wrong-way crash fatality, the family could face emotional turmoil and financial peril. It is important to enlist the aid of an experienced personal injury attorney who can provide the guidance and answers you need.

Categories
Car Accidents

Police: No one was in driver’s seat in fiery, fatal Tesla crash

The promise of self-driving automobiles is enormous. Proponents of autonomous vehicle technology say it will reduce our nation’s reliance on fossil fuels, ease traffic congestion and virtually eliminate motor vehicle crashes,  injuries and fatalities.

The importance of the auto industry to Tennessee is clear. If you drive three hours west of Knoxville, you’ll find a GM plant in Spring Hill; or drive an hour and a half southwest of here to Chattanooga to get to a Volkswagen manufacturing facility; or drive west for about 175 miles to see the enormous Nissan plant.

Ready to roll

Plus, Tennessee is one of the states with virtually no legal barriers to self-driving vehicles. We’re ready when the technology is ready. The question of when the tech will be ready came into sharp focus again a few days ago when two men were killed when the Tesla they were in veered off of a Texas road, slammed into a tree and burst into a raging fire.

Local authorities reported that because no one was in the driver’s seat at the time of the violent crash, they believe the 2019 Tesla was in its Autopilot mode.

Firefighters spent four hours, and used 32,000 gallons of water, battling the blaze (apparently the vehicle’s batteries kept reigniting the flames).

Driverless

Law enforcement officials said the vehicle’s driver seat was empty. The two men were found in the passenger seats, with one man in the front and the other in the back. Officials said they believe no one else was in the Tesla.

Tesla warns customers that its Autopilot feature requires “active driver supervision” and that the tech “(does) not make the vehicle autonomous.”

Netflix, nap or booze

But it’s clear from this vehicle crash report and others that not everyone reads their owner’s manual. According to news reports, Tesla owners have engaged the computer-controlled Autopilot feature before watching a movie, drinking alcohol or falling asleep – and then being involved in wrecks or near-wrecks.

Of course, humans aren’t doing a great job of driving either. The National Safety Council estimates that slightly more than 42,000 people died in auto crashes last year and that millions more suffered injuries that required medical attention.

Categories
motor vehicle accidents

How can you change distracted driving habits?

As a Tennesse motorist, driving with vigilance and strict attention to the road may help reduce the risk of injuries resulting from a car accident. However, when accidents happen, Tennesse law uses comparative fault to determine which driver is most responsible for the wreck, and if you practice distracted driving, a judge may hold you responsible.

According to the National Highway Traffic Safety Administration, distracted driving habits, such as cell phone usage behind the wheel, caused the deaths of more than 3,000 people on U.S. roadways in 2019. You can avoid becoming a sad statistic and keep yourself and your passengers safe by changing your distracted driving habits.

Distracted driving actions

While texting and failing to use hands-free devices during phone calls are typically the most well-known distracted driving actions, there are others that may cause you to take your eyes off the road as well. Most involve you taking one hand off the wheel as well, increasing inattention to your surroundings, such as:

  • Adjusting your car stereo
  • Opening food or drinks
  • Chatting or arguing with passengers
  • Scolding children or pet passengers

Any of these actions could cause an accident if they cause you to drift into another lane, swerve or if you fail to notice traffic stopped in front of you.

Changing habits

While changing your driving habits may seem daunting, there are a few ways you can avoid distractions while behind the wheel. For example, set your phone to a hands-free option and pre-set your stereo before you put the car in drive. Secure children in car seats before you leave and use crates or other vehicle pet restraints when your pet is in the car. Keep the car interior volume low and remind your passengers that driving is a responsibility that you cannot take lightly.

Providing a good example by improving your driving habits may encourage your teen drivers to do the same. While some accidents are unavoidable, avoiding distracted driving can reduce the odds of injury and costly property damage.

Categories
Car Accidents

Woman critically hurt, child injured in DUI auto accident

The roads in Knoxville and throughout Tennessee can be dangerous even if drivers are cautious and maintain all the rules for safety. With the possible risks seemingly amplifying, the number of ways in which collisions can occur are a problem. This includes worsening behaviors like distracted driving combining with drivers who might be reckless, drowsy and under the influence of alcohol or drugs. One type of accident for which drivers are relatively defenseless is if it is a rear-end collision. Those who have suffered injuries or lost a loved one in such a crash should have guidance on how to move forward.

Rear-end crash injures woman and 5-year-old

An alleged drunk driver in a Dodge Ram rear-ended a Jeep Wrangler. The Jeep was heading east on the interstate when the crash happened. After it was hit, the Jeep collided with the shoulder and flipped, landing on the ramp. The driver, a woman, was thrown from the Jeep and suffered critical injuries. When emergency responders arrived, they found a 5-year-old girl in the Jeep. She was not seriously hurt. The driver of the Ram, a 24-year-old man, was seen walking from the accident site and arrested. He faces charges of possible DUI and fleeing the scene after an auto accident.

Medical costs and other challenges often accompany a DUI accident

Any auto accident can cause innumerable changes to a person’s life. If a child is involved, these issues are potentially exacerbated. Driving is a responsibility whether people take it seriously or not. Getting behind the wheel after drinking or using drugs can place others in serious jeopardy of broken bones, brain injuries, spinal cord damage, internal injuries and a dramatically more difficult life. When there is a fatality, the family left behind must consider their future after an unexpected and unnecessary loss. It is imperative to have full protection for every eventuality.

Experienced assistance may be critical after a DUI crash

While it might be hard to think about in the immediate aftermath of DUI motor vehicle accidents, it is wise to have professional guidance. Medical expenses can be enormous, there could be a need for rehabilitation, there will be property damage, the person likely faces pain and suffering, and their work and personal life will be negatively impacted. For assistance, consulting with those who understand how to pursue an accident claim may be helpful.

 

Categories
motor vehicle accidents

Fatal accident in Franklin kills motorist on Easter

A car accident can change a person’s life forever. Even simple accidents with minimal property damage can sometimes leave victims experiencing PTSD and chronic pain.

Families of car accident victims may feel the strain of financially caring for their loved ones. Even worse, in serious situations, families may face the shocking and devastating death of their family members.

9 victims in Easter wreck

A severe car accident on Easter Sunday resulted in one fatality. According to authorities, two vehicles collided in Franklin on Sunday afternoon. In addition to the deceased, eight people suffered injuries and received medical treatment at three local hospitals. Authorities have not released the cause of the collision.

Information on the conditions of the surviving victims was not immediately available. Local authorities who initially responded to the accident released a statement expressing their condolences and support for the families affected by the tragedy.

Overcoming trauma

Even for victims who suffer non-fatal injuries in a car accident, the emotional impact of a traumatic situation can have debilitating outcomes. Some people may feel guilt that they survived the accident while other victims did not. They may also feel paralyzing fear about getting in a vehicle again and lack the confidence to drive altogether.

Therapy can help people address their concerns and navigate complex conditions including PTSD, depression and anxiety. Working through their feelings can help them discover methods to manage their emotions and process their circumstances. With adequate support, people can continue to recover and may slowly regain their confidence.

Source: The Associated Press, “Police: 1 dead, 8 hurt in two-vehicle accident in Tennessee,” Apr. 4, 2021

Categories
Fatal Motor Vehicle Accidents

Head-on crash kills driver, injures another in Sumner County

As residents of Tennessee understand, the state has many hilly curving roads. Driving on these roads requires skill and caution. A recent head-on collision in Sumner County shows how ignoring one or both attributes can produce tragic consequences.

The accident happened on Highway 174 near Long Hollow Pike. According to the Tennessee Highway Patrol, a Ford F-150 was traveling east when the driver crossed the centerline while trying to negotiate a sharp curve. The driver of the Ford apparently tried to “straighten” the curve by cutting across the centerline. In so doing, the Ford collided with a Jeep Wrangler headed in the opposite direction.

The Jeep rolled over several times and finally came to rest in the front yard of a house fronting on the road. The driver of the Jeep was female, but the extent of her injuries is unknown. The driver of the F-150 died from the injuries he suffered in the crash.

Post-accident investigations can lead to legal action

In the next few weeks, the Tennessee Highway Patrol will be trying to understand how the collision occurred. Perhaps the most important product of this research will be information that will assist the police in identifying who they believe is the party whose negligence caused the crash. The families of the two drivers may eventually begin pondering whether to bring legal actions to recover damages.

The family of a driver who dies in an accident similar to this one may wish to consider a wrongful death action against another involved driver driver. In such a case, the advice of an experienced personal injury lawyer could be helpful. A knowledgeable attorney can provide an evaluation of the evidence, a tentative conclusion about which party was at fault, and the estimated likelihood of either party recovering damages medical expenses, lost income and pain and suffering or, in the case of the family of those who pass away after an accident, damages for wrongful death.

Categories
motor vehicle accidents

Tennessee drivers should not leave an accident scene

If another vehicle collides with yours, you may wonder what the other driver’s duties are following the accident. For example, a driver who hits you in a vehicular collision must not leave the scene. Departing after an auto accident may not only cause you greater harm if you have suffered injury, but the other driver may incur criminal charges.

A recent case in Knoxville illustrates the kind of trouble a motorist can get into for not stopping at an accident scene involving serious injury to other parties.

Charges in a recent accident

Knoxville’s WVLT reported on an auto accident that occurred on a Sunday on I-640. According to Knoxville police, a man driving while under the influence impacted a vehicle and caused critical injury to a woman and minor injuries to a five year old. The driver departed the scene soon after. Later, the police placed the driver under arrest not only on suspicion for driving while under the influence, but for leaving the scene of an accident.

Requirements under law

Tennessee law is clear that any driver who has involvement in an accident must stop at the accident scene or as close to the scene as possible and remain there. This stipulation also applies to places like shopping centers, apartment complexes or trailer parks, anywhere where the public is likely to frequent.

The driver must fulfill a number of duties before departing the accident. The other driver must tell you his or her name, address and vehicle registration number. If you have suffered injury from the accident, the other driver must give you reasonable assistance, including arranging for first responders to show up if you cannot contact them. These measures may stop an injury from becoming more serious or even save your life.

Categories
Car Accidents

In a crash, just a few miles per hour can make a deadly difference

Over the past 25 years or so, highway speed limits have gone up in most states, including Tennessee. We once had a nationwide speed limit of 55 mph, but now the interstate speed limit in Tennessee is 70 mph. Some states have 80 mph limits or even higher.

A new study has found that rising speed limits are costing lives. In 2019, the Insurance Institute for Highway Safety (IIHS), the AAA Foundation for Traffic Safety, and a crash-test dummy manufacturer called Humanetics released a study finding that rising speed limits in the U.S. have likely caused almost 37,000 additional deaths over the past 25 years.

The main finding of this year’s study is that crashes at faster speeds are simply more deadly, even in today’s safer cars. Indeed, just 10 mph can make the difference between a survivable crash and a catastrophic one.

Crash tests at 40, 50 and 56 mph

For the new study, the researchers selected a car (the 2010 CR-V EX crossover) that was about the average age of vehicles on American roads and which had earned a top rating in an IIHS crash test.

They crashed three CR-Vs into barriers at 40, 50 and 56 mph. The crossovers were fitted with crash-test dummies that had hundreds of sensors.

  • At 40 mph, there was “minimal intrusion” into the area of the vehicle housing the driver. That means the driver would probably survive the crash.
  • At 50 mph, however, the car became more heavily damaged. There was “noticeable deformation” of the driver’s door opening, the foot area and the dashboard. That could indicate severe injuries for the driver.
  • At 56 mph, the interior of the vehicle was “significantly compromised.” The sensors on the dummy indicated a probability of severe neck injuries and fractures to the lower leg.

Moreover, at both 50 and 56 mph, the steering wheel was forced upward, where it penetrated the deployed airbag and crashed into the dummy’s face. The sensors indicated this would likely cause facial fractures and a severe brain injury.

Even if you are a good driver, you should consider moderating your speed. Not every driver is as dedicated as you are and, if they make a mistake at 50 or 56 mph, you could be seriously injured.

If you are injured in a car crash, you may have legal rights to protect. Work with a compassionate attorney who will go the extra mile to help.

Categories
nursing home abuse and neglect

Criminal charges after nursing home resident died from gangrene

While most adults want to provide the best care possible for their parents, the reality is that different health conditions make it difficult for them to be there around the clock. Rather than let their parents suffer, many adults make the difficult decision to put their parents in a nursing home. Before doing so, adults usually conduct research as to which place will serve their parents’ needs the most. It is a difficult decision and one not made easily. Therefore, when a nursing home is charged with neglect, it can hit a little too close to home.

Nursing home neglect

A registered nurse on the staff of a Tennessee nursing home faces abuse charges after a woman in her care died. According to reports, the 69-year-old patient developed an ulcer on her right heel and the case manager in question did not assess it properly. Consequently, the ulcer got worse and the resident had to get an emergency surgery on her foot, which had gotten gangrene on it. The case manager also did not inform the doctor and the resident’s family of her worsening health.

Criminal charges

Nursing home abuse and neglect is not only physical or emotional harm—it is often the result of a lack of proper care and attention, as in this case. The case manager in question is charged with elder abuse causing great bodily injury and could get 10 years in prison if she is convicted.

If a Tennessee resident believes a loved one in a nursing home was not being provided adequate care and was injured, he or she may want to consult an experienced attorney to discuss their options.