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Car Accidents

Whiplash and car accidents

People in Tennessee may have a limited understanding of what whiplash is. The condition is a common injury suffered in car accidents, and the economic cost of the injury across the country may reach an estimated $30 billion every year.

Whiplash is most commonly caused in rear-end collisions, which cause the person’s head to experience a sudden acceleration followed by a rapid deceleration in a violent front to back motion. The motion can cause injuries to muscles, surrounding tissue and bones, depending on the severity of the injury. While many people are able to bounce back quickly after a minor motor vehicle crash, those with severe whiplash injuries may experience disabling pain and chronic problems that can sometimes last years after an accident occurred.

In order to prevent whiplash in the event of a collision, people should take some safety measures. Car manufacturers have made improvements in safety belts. Safety belts should always be used while riding in a vehicle. Additionally, head restraints should be placed in their proper position as they help prevent hyperextension of the neck in the event of a collision.

People who are involved in a car accident may suffer some serious complications if they have suffered whiplash, and treatments can become expensive. However, when people are injured in an accident caused by another driver’s negligence, they may wish to consult with a personal injury attorney about recovering compensation for their losses. By filing a personal injury lawsuit, an injured plaintiff might be able to recover the cost of medical treatments and rehabilitation. In addition, funds covering loss of income might also be included in an award won in court.

Source: MedicineNet.com, “Whiplash“, November 29, 2014

Categories
Car Accidents

Technology to help avoid motor vehicle accidents

As many drivers in Tennessee may know, there is always a risk of being involved in a motor vehicle accident. Accidents can happen due to a variety of circumstances beyond the purview of the driver, including poor road conditions, faulty driving by other drivers on the road and defective auto parts.

However, there are available technologies that can help motorists avoid traffic accidents, and the National Transportation Safety Board, or NTSB, is calling for the federal government to mandate their implementation by new car manufacturers. Such technologies can use sensors that can detect when other vehicles are perilously close and force the car to slow down accordingly. Other sensors provide alerts to the driver. These technologies might improve a vehicle’s reaction time to impending collisions and heighten drivers’ awareness of nearby perils.

Many accidents result from rear-end collisions, vehicles that run off the-road and lane-change collisions. These accidents account for a combined 60 percent of all motor vehicle accidents, reportedly. They are also the types of accidents that would most likely to be avoided if government mandated the new technologies, according to the NTSB. Although the crash-avoidance technologies are available as optional upgrades on many cars, a mandate would instead make car manufacturers include them as standard options in each and every new vehicle.

Even if such a mandate were put into effect, there may be a reduction in auto accidents but not a complete extinction. For, traffic still relies on the harmony of several fallible factors, human judgment not the least of them. When people are seriously injured as a result of a distracted driver, poorly maintained roadways or a defective auto part, they may seek restitution for the damages they suffered in civil court through a personal injury lawsuit.

Source: National Transportation Safety Board, “Mandate Motor Vehicle Collision Avoidance Technologies“, November 21, 2014

Categories
Car Accidents

Trial underway after 2 women injured in car accident

A trial stemming from a 2013 collision that involved an alleged wrong-way driver commenced on Nov. 17 in a Circuit Court in Clarksville. The 2013 accident occurred on May 13 at approximately 7 a.m., authorities reported. A Tennessee woman is facing several charges in connection with the incident, including DUI, reckless endangerment and vehicular assault.

Prosecutors allege that the Tennessee woman crossed the center lane on Highway 48 in Montgomery County in her S-10 pickup truck and hit a Chevrolet vehicle head-on. Moreover, prosecutors accuse the woman of taking the prescription painkiller Oxycontin prior to the incident. The two women in the Chevrolet vehicle were seriously injured as a result of the wreck, reportedly.

According to an eyewitness, the pickup truck’s brakes were never applied at any point leading up to the collision. The eyewitness also stated that the Tennessee woman gave off the impression of being impaired in the aftermath of the accident, by her ‘mannerisms” and ‘how she was acting.”

The Tennessee woman’s defense attorney says that the woman was prescribed the Oxycontin and that the crash was a tragic accident and not a crime. The defense claims that the case should be a civil matter and not a criminal case.

In a car accident like this one, the injured individuals may wish to bring a civil suit against the person they deem responsible for the wreck, no matter the resolution of any criminal charges that may have been filed in relation to the incident. To prevail in a personal injury lawsuit, accident victims and their legal counsel would have to show with a preponderance of evidence that the defendant’s negligence contributed to the event.

Source: The Leaf-Chronicle , “Trial begins in wreck that hurt MCHS cheerleaders“, Tavia D. Green, November 17, 2014

Categories
Drunk Driving Accidents

Impaired driving in Tennessee

Impaired driving in Tennessee encompasses more than those who drink and drive. People also often drive impaired while under the influence of illegal drugs. Many others drive while impaired by legal prescription medication or certain over the counter drugs that affect the person’s ability to safely operate a motor vehicle. Any one of these types of impaired driving can result in criminal charges, and all of them cause a substantial risk of serious personal injury to others as a result of a car accident.

According to the Centers for Disease Control and Prevention, a person dies every 51 minutes in the United States as a result of an impaired driver. Statistics demonstrate that nearly 30 people die every day in drug or alcohol-related motor vehicle crashes.

In 2012, 31 percent of all fatalities resulted from impaired driving accidents. In that year, 10,322 people lost their lives in such accidents. People continue to drive impaired despite the dangers they pose both to themselves and others. In 2010, for instance, 1.4 million people were arrested for driving under the influence.

Unfortunately, many people continue to be seriously injured or killed in car accidents caused by drunk or impaired drivers every year. Despite the major risks to others on the nation’s roads, people continue to get behind the wheel when they shouldn’t be driving. In addition to facing potentially serious criminal charges, drunk drivers who injure or kill others may also be held responsible for the damages suffered by the victims and families of those who are injured or killed due to their wrongful actions. When people are seriously injured at the hands of an impaired driver, they may be able to recover compensatory damages for their losses they sustained as a result.

Source: CDC, “Impaired Driving: Get the Facts“, November 14, 2014

Categories
Car Accidents

The dangers of text messaging while driving

Tennessee residents are likely aware that the use of mobile electronic devices has grown markedly in recent years. While smartphones are packed with innovative features, they are also a contributing factor in a growing number of automobile accidents each year. According to NHTSA, 18 percent of traffic collisions in 2010 involved a distracted driver. These accidents claimed the lives of 3,092 people and injured 416,000 others.

The problem of texting while driving is particularly pronounced among younger drivers. A Pew survey found that 40 percent of teens reported being in a car when a dangerous situation developed because a cellphone was being used behind the wheel. Experts advise parents to warn their children about the dangers of distracted driving and to set a good example by not using a cellphone while driving themselves.

While there is no federal law banning texting behind the wheel, several states have passed legislation outlawing the practice or requiring drivers to use only hands-free devices. The issue is also being addressed by the FCC, electronics manufacturers and safety organizations. The importance of these efforts was highlighted in a study by the Virginia Tech Transportation Institute that found an accident was 23 times more likely when drivers read or send text messages.

Distracted drivers often cause accidents by straying into the path of oncoming traffic or weaving between lanes. This type of unpredictable behavior might not give other motorists sufficient time to react to avoid a crash. Those injured in distracted driving accidents may pursue civil remedies, and a personal injury attorney could file a lawsuit on their behalf against the negligent driver responsible. This lawsuit could seek damages to cover an accident victim’s property damage, medical expenses and lost income.

Source: FCC, “The dangers of texting while driving “, November 14, 2014

Categories
Car Accidents

2 women injured in Tennessee crash

On Nov. 7, a 37-year-old Bristol woman and a 28-year-old Bluff City woman were injured in a crash that occurred at the intersection of West State Street and Route 126. The women were in a Toyota Sequoia that was stopped at the traffic light.

The Sequoia was reportedly rear-ended by a Chevrolet Avalanche that was being driven by a 41-year-old man from Freeman, West Virginia. The Toyota caught fire after being struck by the Avalanche. Both women were taken to the hospital after emergency personnel responded to the scene.

Authorities suspect that alcohol and drugs were a contributing factor in the accident. The Avalanche driver was taken into police custody on charges of DUI and aggravated assault.

In this instance, the injured women may have some legal recourse to sue for damages which can include medical expenses, reimbursement for time lost from work and/or compensation for pain and suffering. If either of the women suffer a permanent disability that results from the crash, they may consider pursuing a personal injury suit in civil court.

Personal injury claims are not dependent on the conviction of the perpetrator, but negligence on the perpetrator’s part could potentially introduce the consideration of punitive damages as well as compensatory damages into the case. Punitive damages are intended to punish the perpetrator of a crime while increasing any monetary amount awarded as compensation. If a loved one has been injured in an auto accident, consulting an attorney who is familiar with personal injury claims may be a good source for support and guidance.

Source: TriCities.com, “West Virginia man charged in Bristol, Tenn., crash“, Robert Sorrell , November 08, 2014

Categories
Fatal Motor Vehicle Accidents

23-year-old Tennessee man killed in head-on collision

A head-on car accident in Tennessee resulted in the death of one man on Nov. 3. Investigators suspected that one of the drivers, a 45-year-old Erin woman, was intoxicated at the time of the crash. Reports indicated that charges were pending against her.

The accident occurred at about 6 p.m. on Highway 49 in Erin. The deceased man, a 23-year-old White Bluff resident, was traveling in a Nissan Maxima in the eastbound lane when a westbound Dodge Ram crossed the centerline. The pickup truck collided head-on with the Maxima and moved partially on top of it, causing the Maxima’s roof to detach. The car overturned and came to a stop on the shoulder to the right of the eastbound lane. The force of the impact sent the pickup truck to the shoulder to the right of the westbound lane, where it came to a stop resting on its passenger side.

The 23-year-old man was pronounced dead at the scene of the accident. The 45-year-old woman suffered unspecified injuries, and an emergency crew transported her to a hospital. Police suspected she had been drinking and ordered toxicology samples. The nature of the criminal charges pending in the case was undisclosed in reports. The woman also received a citation in connection with the crash.

The sorrow and anger after an accident may leave drunk driving victims’ surviving spouses, children or parents depressed and struggling to resume their normal routines. Personal injury attorneys can be a valuable source of advice about what damages victims’ families can seek from drunk drivers after fatal accidents. Damages from a successful wrongful death suit may provide relief for debts from burial, lost income and other expenses.

Source: The Leaf-Chronicle, “White Bluff man killed in Houston County crash,” Mark Hicks, Nov. 4, 2014

Source: WKRN, “Head-on crash in Erin leaves the White Bluff man dead“, November 04, 2014

Categories
Fatal Motor Vehicle Accidents

Multi-vehicle wreck on Tennessee highway proves fatal

Two individuals were killed in a three-vehicle accident in Memphis on Oct. 22, authorities stated. The Interstate 240 collision reportedly took place west of Getwell Road.

That is where a vehicle with a flat tire was attempting to pull over onto the interstate’s emergency lane and was rear-ended by another vehicle traveling at highway speeds, investigators indicated. The first vehicle reportedly caromed into a metal guardrail following the impact, which also caused it to spin out of control. The driver of the first vehicle, a man, was ejected from the car and suffered fatal injuries. Officials declared him dead at the scene of the wreck.

The second vehicle continued to travel along the highway until it collided with a third vehicle. Consequent to this collision, the second vehicle careened off the roadway, rolled over several times and came to a stop in a ditch, authorities said. Its driver, a woman, died at the accident scene.

Emergency personnel transported the third vehicle’s driver to Regional Medical Center. Reportedly, there were other individuals involved in the crash, and they too suffered injuries requiring hospitalization. Authorities described their condition as non-critical. It was unclear how many passengers were present in the three vehicles involved in the wreck. Nor was it clear which vehicles were carrying passengers.

The cause of the initial accident was not reported. Following traffic crashes like this one, the families of deceased victims may pursue a wrongful death lawsuit in civil court, naming as defendants the parties whose actionable behavior behind the wheel contributed to the incident. If the at-fault parties happened to perish in the event, then bereaved family members may bring the suit against the estates of the at-fault parties. If successful, claimants might be awarded financial compensation for their various losses.

Source: WREG, “Two dead after crash on I-40“, Ashley Forest, October 25, 2014

Categories
Fatal Motor Vehicle Accidents

2 dead in Tennessee crash

A three-car crash left two people dead and four others injured. The accident occurred on Saturday, Oct. 25, on Interstate 240 in Memphis. A 45-year-old man was pulling into the emergency lane because of a flat tire. His vehicle was struck from behind by a second car driven by a 34-year-old woman traveling at a high speed.

The collision caused the man’s car to slam into a metal guard rail. He was ejected from the car as it spun out of control. The man died at the scene of the accident, and two passengers in his car were injured. The woman continued down I-240, striking a second car and forcing it off the road and into a ditch. After this collision, the woman’s car flipped over several times, killing her and injuring two passengers in her car. All four injured parties were taken to Regional Medical Center. They were admitted in non-critical condition.

Liability may fairly clear in fatal accidents like this one. A driver who strikes another car from behind is usually found liable for any resulting injuries or damage. In this case, the woman struck two vehicles from behind.

In a case similar to this, more evidence might exist that indicates that a driver was negligent. For example, evidence may prove that a driver was traveling well above the speed limit. Perhaps a driver did not stop their car after an initial collision. Finally, if someone is driving in the emergency lane, they will likely be found responsible for striking a disabled car there. The injured parties of a similar accident may have a cause of action against the faulty driver for negligence under tort law.

Source: WREG, “Two dead after crash on I-240“, Ashley Forest, October 25, 2014

Categories
Truck Accidents

Data shows large trucks often cause injury to others

The National Highway Traffic Safety Administration released safety facts based on 2012 data. In 2012, there were 107 large trucks involved in fatal accidents in Tennessee. This number represents 2.8 percent of the total number of large trucks involved in fatal crashes in the U.S. Across the country, 330,000 semi-trucks were involved in accidents in 2012. As a result of these wrecks, 104,000 people suffered injuries and 3,921 people were killed.

While large trucks comprised 4 percent of all registered vehicles in 2012, they made up 8 percent of all vehicles involved in fatal accidents. When these crashes occurred, 73 percent of the people who died were in vehicles other than the large trucks, while 18 percent of these victims were in the trucks.

The report goes on to note that 81 percent of deadly truck accidents in 2012 involved multiple vehicles, compared to 58 percent for passenger vehicles. When a multiple-vehicle accident with a large truck occurred, another vehicle was most likely to hit the rear of the truck. Additionally, most crashes took place on weekdays in rural areas.

Compared to drivers of motorcycles and passenger cars, large truck drivers were in slightly more recorded fatal crashes in 2012. However, large truck drivers had the lowest percentage of recorded license suspensions and DWI convictions.

A semi-truck accident could result in serious injuries for those in other vehicles, but truck drivers and the companies they work for are not automatically liable for injuries. A driver, company or manufacturer is only responsible for the injuries someone suffers if negligence occurred. If a driver drove longer than federal regulations allow, for example, the driver and his or her employer may be liable for an accident.

Source: U.S. Department of Transportation, “Large Trucks“, October 28, 2014