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Car Accidents

Hands-free phones cause cognitive distraction

Many states, including Tennessee, are grappling with the issue of distracted driving. To combat distracted driving behaviors, legislators in multiple states have passed laws prohibiting the use of handheld cellphones while driving. It is likely that many of these legislators were acting on the presumption that hands-free phones and devices are safe. However, a recent report indicates that this may not be true.

The American Automobile Association Foundation for Traffic Safety has found that those who use hands-free devices while operating vehicles can still experience cognitive distraction while driving. This is a specific type of distraction which carries distinct safety concerns.

The AAA report explains that hands-free phone use is only slightly less distracting than handheld options. The study also notes that the worst cognitive distractions stem from speech-to-text systems.  Many may find this surprising, as such systems allow drivers to have both hands on their steering wheels and keep their eyes focused on the road.

A National Safety Council white paper, published in 2012, supports AAA’s findings. The NSC paper states that drivers who used cell phones—whether handheld or hands-free—quadrupled their chances of being in a car accident which produced property damage and personal injury. The NSC white paper attributed this increased risk to inattention blindness. Inattention blindness is a term used to describe drivers’ inabilities to process information about their driving environments, despite the fact that they are physically able to see the objects surrounding them. Common results of inattention blindness are lane deviations and slower reaction speeds.

Categories
Drunk Driving Accidents

Even one drink can affect older drivers in Tennessee

As the body ages, it is less capable of breaking down alcohol. The U.S. Department of Health and Human Services notes that older people in Tennessee and around the country could be at a higher risk for unknowingly driving while intoxicated because of the following: 

  •        Older bodies do not metabolize and absorb alcohol as quickly as younger bodies can.
  •        The elderly are more likely to have health conditions that alcohol will exacerbate.
  •        Medications that are prevalent among the elderly do not mix well with alcohol.
  •        The aging process leaves less water in the body, which can lead to a higher blood alcohol concentration.

Researchers from the University of Florida decided to test the difference between the effects of alcohol on people ages 25 to 35 and those ages 55 to 70. Both groups took a driving test in a controlled environment while sober. The participants then drank either a non-alcoholic drink or a beverage that would raise their alcohol content to a legal level but one that a breath test would register.

After having the drink, the participants took the driving test again. Researchers found that the elderly people had poorer precision and exhibited signs of impairment, while the younger participants scored well.

The finding is a necessary reminder that inebriation can begin after just one drink. As countless studies and real-life accidents have shown, alcohol and driving simply do not mix. Anyone who gets behind the wheel should be aware of their risk factors for causing a drunk driving accident, which includes how old they are.

Categories
Car Accidents

What are Tennessee’s distracted driving laws?

According to the Governors Highway Safety Association, there is currently no statewide ban on handheld devices for drivers in Tennessee. However, if you live or drive here, you should be familiar with some the distracted driving laws that are in place, such as the following:

  •        It is illegal for any driver to text behind the wheel in Tennessee.
  •        School bus drivers are not permitted to use handheld devices while there are students on board.
  •        Motorists who have either intermediate licenses or learner’s permits may not use a cell phone while driving.

The penalties for breaking these laws may include a fine and possibly a suspended license, if the behavior results in a serious traffic violation or accident.

Far worse, using a phone behind the wheel can lead to injury and even death. According to the Tennessee Department of Safety and Homeland Security, there were more than 21,000 crashes attributed to distracted driving in 2014. The agency reports that thousands of people lose their lives every year due to driver inattention.

Some drivers believe that using hands-free or wireless communication devices are a safer way to have a conversation while on the road. However, the AAA Foundation for Traffic Safety released a report that found that this kind of technology still takes a driver’s focus off the road and increases the risk for an accident.

Experts suggest avoiding all distractions while driving, which includes texting, talking on the phone, eating and grooming.

While this information may be useful, it should not be taken as legal advice.

Categories
Motorcycle Accidents

The statute of limitations on personal injury claims in Tennessee

The victims of accidents in Tennessee must act relatively quickly to ensure that their claims will not be dismissed due to legal technicalities such as statutes of limitations. As explained by Cornell University Law School’s Legal Information Institute, statutes of limitations place limits on the amount of time a party has to initiate a lawsuit.  The laws establishing these time limits will vary by state and may also differ based on the type of claim.

Tennessee’s statute of limitations for personal injuries is described in the Tennessee Code, available through the Tennessee General Assembly website. In section 28 of the code, it states that those who wish to file a personal injury claim must do so within one year of the accident. This time limit is different for personal property compensation. If someone is trying to file a claim for damage to a vehicle or other form of personal property, the statute of limitations is three years.

It is important to note that certain exceptions may affect statutes of limitations. Minors, for instance, may be able to extend the time period in which they may legally file a personal injury case. This is because statutes of limitation do not usually start to run until the injured person is 18 years old. This is illustrated in the following example:

A 14-year-old is in a car crash caused by a drunk driver. The crash occurs in January 2015. The victim turns 18 in March 2019. According to Tennessee law, this victim has until March of 2020 to file a personal injury lawsuit against that negligent driver.

Statutes of limitations are technical matters, but they are very important. As such, those who wish to file civil cases may find it beneficial to familiarize themselves with these laws. 

Categories
Drunk Driving Accidents

Penalties for drunk driving in Tennessee

At the law office of Pryor, Priest and Harber, we appreciate how difficult it can be for Tennessee residents to recover from accidents caused by drunk drivers. Such collisions may leave victims with serious physical injury, financial loss and psychological trauma. While nothing can undo the harms of a drunk driving accident, there are penalties for those who drink and drive.

As the Tennessee Department of Safety and Homeland Security explains, there are severe consequences for those convicted of drinking and driving in this state. The fines and sentences associated with a DUI conviction will depend on whether the driver has prior convictions of driving while intoxicated.

First-time offenders will be sentenced up to 11 months and 29 days in jail if their blood alcohol content levels were less than 0.20. Their licenses will be revoked for one year, and they will be ordered to pay $350 to $1,500 in fines. Offenders with BAC levels higher than 0.20 will be sentenced to at least 7 days of jail time, which must be served consecutively.   

If a driver had one or two prior DUI convictions, the penalties will be more severe. The jail time, fines and license revocation periods will all be higher than they would be for first-time offenders.

Those with four or more DUI convictions will face class E felony charges. Convictions on such charges may result in a maximum prison sentence of one year. Additionally, the offender may be required to pay a $3,000 to $15,000 fine. An eight-year license revocation will also apply.

In addition to these criminal penalties, the victims of drunk driving accidents may be able to seek compensation through civil actions. For more information on the civil remedies available to drunk driving victims, please see our page on car accidents.  

Categories
Car Accidents

Bruce Jenner facing civil charges following deadly wreck

Tennessee residents might be familiar with the news report about Bruce Jenner’s recent car accident and the wrongful death lawsuit he faces. According to reports, surviving family members of a woman who died in the car accident on Feb. 7 have filed civil charges against Jenner, claiming that the 65-year-old ex-athlete is to blame for driving in a negligent manner that caused the crash.

The chain-reaction accident reportedly transpired when Jenner, whose vehicle was pulling a trailer carrying an all-terrain vehicle, smashed into the back of another vehicle, pushing it into a third vehicle. The force of the impact sent the third vehicle into the opposite lane, where it collided head-on with a fourth vehicle. The driver who got sent into oncoming traffic, a 69-year-old woman, died in the crash.

Authorities have used details from traffic camera footage to assist in their investigation. They stated that the footage does not reveal that Jenner was using a mobile device when the crash occurred. At the time of reporting, investigators were still working to determine the cause of the accident, and no criminal charges were filed against Jenner. Although the suit, which is being filed by two of the decedent’s stepchildren, did not disclose the monetary amount of damages the family is claiming, it was reported that the family has suffered a large amount of losses.

A person who was injured or who has lost a loved one in a car crash due to a driver’s negligent actions might consider pursuing compensation through a civil court action. A personal injury lawyer may be able to evaluate the police report, witness statements and camera footage for evidence that might point to the driver responsible for the accident. If negligence was found to be a factor in the crash, the plaintiffs may receive a monetary award for their accident-related losses. In some wrongful death suits, the surviving family members may recover non-economic losses such as loss of companionship.

Source: FOX News, “Bruce Jenner being sued for wrongful death in fatal traffic accident,” May 1, 2015

Categories
Car Accidents

Tennessee crash leaves 1 dead, 2 injured

A car accident that occurred in Tennessee on May 2 left one person dead and two others injured. According to authorities, the incident took place near the intersection of 40th Avenue North and Albion Street close to Tennessee State University.

Police stated that a 37-year-old man was traveling along Clifton Avenue in a black Chevrolet Camaro at a high rate of speed when a police officer attempted to conduct a traffic stop. When the man turned onto 40th Avenue North, the officer reportedly decided not to pursue the vehicle. At approximately 5:40 p.m., the Camaro collided with a Chevrolet Trailblazer that he was attempting to pass. The impact caused the Camaro to leave the roadway and strike a building while the Trailblazer rolled over.

The driver of the Camaro was transported to a nearby hospital for treatment of his injuries. A passenger who was in the Camaro, was pronounced dead at the scene. The driver of the Chevrolet SUV was also taken to a hospital for treatment of minor injuries. Authorities reported that they retrieved a handgun, cash and an unknown amount of marijuana from the Camaro and that charges may be filed once the investigation is completed.

Those who incur an accident injury after becoming involved in a crash with a reckless or careless driver may wish to file a personal injury lawsuit in order to seek compensation for any losses that they sustained. This type of civil lawsuit, which often seeks the costs of medical care and treatment as well as other damages, is possible even if no criminal charges are issued to the responsible driver.

Source: WKRN, “1 killed, 2 injured in crash near TSU“, 05/04/2015

Categories
Car Accidents

Lewisburg police chief injured in Tennessee car accident

The Lewisburg police chief was involved in a car accident on April 18. The police chief, a 57-year-old man, was on his way to breakfast around 6 a.m. when a vehicle that was being driven by a 68-year-old woman rear-ended him at a stoplight, pushing his vehicle into the intersection. His vehicle then crashed into a light pole nearby.

Patrolmen on the scene say that there were no drugs or alcohol involved in the motor vehicle accident. However, the troopers did state that fog was heavy that morning. Both drivers were wearing their seat belts, and the police chief’s vehicle had its lights on. The police chief could not recall if lights were on on the woman’s vehicle.

Both individuals were injured, but the woman’s injuries were not as severe as the police chief’s injuries. The female driver was transferred to Marshall Medical Center, where she was later released. The police chief was transferred to Vanderbilt University Medical Center. He suffered major injuries in his spine. Luckily, he did not sustain head injuries or any organ damage.

Car accidents like these happen without warning. Drivers may be doing everything right and paying good attention to the road when another driver makes a serious error. The injuries that ensue can be catastrophic. Victims of these accidents can end up with thousands of dollars in medical bills, lost wages and serious personal injuries that change their lives. In cases like these, a lawyer may be able to help victims file insurance claims or cases against distracted and negligent drivers.

Source: Marshall County Tribune, “Chief Chuck Forbis hospitalized following car accident,” Ivory Riner, April 22, 2015

Categories
Car Accidents

Research suggests 2-second distractions increase accident rates

Research continues to show how dangerous distracted driving can be. April is National Distracted Driving Awareness month, and insurance companies, among other groups, are promoting awareness of the true dangers of texting or engaging in other distracted behavior while driving. Since many Tennessee drivers and passengers are injured by distracted drivers each year, it is very important that everyone understand how dangerous cell phone use behind the wheel can be.

According to experts, even a two-second glance away from the road can contribute to an accident. During a two-second distraction, while reading a text message for example, a driver traveling at 70 mph can drive half the length of a football field. This means that an automobile accident could occur before the driver realizes that there is danger ahead.

Research using driving simulators that include eye-tracking equipment supports the conclusions that drivers who experience a two-second distraction have slower reaction time to road hazards, such as a vehicle pulling out or stopping ahead. Furthermore, drivers who were tested using this equipment rated their driving ability as high, suggesting that they were unaware that their performance had been impaired by the distraction.

Victims injured in a distracted driving accident may be able to pursue a personal injury claim against the negligent driver. However, without the help of a car accident attorney who has experience in handling distracted driving claims, it may be difficult for victims to recover compensation. An attorney may be able to help the victim collect the necessary evidence to show negligence and claim compensation for medical expenses, lost wages and other expenses related to the accident.

Categories
Car Accidents

Fatal crash at Walt Disney World Speedway

Some Tennessee residents may have heard about a deadly car accident that took place at the Walt Disney World Speedway on April 12. A 36-year-old man who worked as an operations manager at the Florida park was killed while riding in the passenger seat of a Lamborghini. The deceased man began working at the Speedway in 2001.

The fatal car accident took place at the Exotic Driving Experience section of the Walt Disney World Speedway. The driver of the vehicle, a 24-year-old man, reportedly lost control and drove into a guardrail. Both of the occupants of the car had seat belts on when the crash occurred. According to police, the exact cause of the accident is being investigated.

Although the Exotic Driving Experience is located on Disney property, Petty Holdings LLC operates the attraction. Guests of both the Exotic Driving Experience and the Richard Petty Driving Experience are allowed to drive or ride in performance vehicles and NASCAR racing cars at high speeds around a racetrack. Following the fatal crash, representatives of both Walt Disney World and Petty Holdings expressed their sympathy for the people involved in the accident.

Those who have suffered serious injuries in a motor vehicle accident that took place at a racetrack may want to speak to an attorney. After an accident like this, there may be other parties who bear responsibility for injuries besides the driver. An attorney might help victims to determine who is liable for their injuries and pursue a lawsuit seeking damages on their behalf.

Source: Huffington Post, “1 Dead In Accident At Walt Disney World Speedway,” Ed Mazza, April 12, 2015