Categories
Drunk Driving Accidents

TN Supreme Court to decide Walmart drunk driving case

A woman who was hit by a drunk driver in a Walmart parking lot will pursue her case against the store chain all the way to the Tennessee Supreme Court. The underlying facts of the case are that in February, 2011, another woman, who appeared to be intoxicated and belligerent, was told to leave the Signal Mountain Walmart. The woman then proceeded to get into her car in the parking lot, put it in reverse, and backed into another customer who was loading her car with groceries at the time of the car accident.

The driving woman kept trying to drive her car in reverse. Consequently, the woman who had been hit was trapped between the two cars. Other customers ran to shout at the driving woman to stop before she finally stopped her car.

The injured woman filed suit against the driver and Walmart, claiming that the store was liable with the driver for $1,000,000. Although the trial court dismissed the case against Walmart, the Tennessee Court of Appeals ruled in the injured woman’s favor, ruling that a business should take reasonable actions to protect its customers. Walmart and the National Federation of Independent Business have opposed the case, taking the position that a retailer cannot be expected to oversee the behavior of all of its customers.

The case presents issues concerning the extent to which businesses must be responsible for the behavior of their customers. The appellant will argue that Walmart knew that the woman appeared drunk and could do harm but ignored the situation. Walmart and other business organizations will argue it is unreasonable to require businesses to police their customers. The case will be argued before the Tennessee Supreme Court in September.

Source: NBC, “Woman hit by drunk driver in Walmart parking lot, case heads to TN Supreme Court“, Matt Barbour, July 25, 2013

Categories
Truck Accidents

Semi truck pushes car off bridge

Most drivers in Knoxville know that slight feeling of fear or anxiety when confronted with driving near a semi truck in certain situations. Because of how much larger semi trucks are than passenger cars, they can do some serious damage to smaller vehicles in accidents. A recent truck accident in Maryland shows one of the dangers these trucks can pose.

The accident occurred on the Chesapeake Bay Bridge and ended with a 22-year-old woman’s car being pushed off the bridge and into the water below. At around 8:30 p.m., the woman drove onto the bridge and was hit by the semi truck. A railing is meant to keep cars from falling off the bridge, but the truck forced her car over the railing. The car dropped around 40 feet and into water that is six to eight feet deep below. An SUV was also involved in the accident.

The 22-year-old driver was able to escape from her car and found refuge on some nearby rocks. A nearby boater stayed with the woman until rescue workers could reach her. After being taken to shore, the woman was taken by helicopter to the Shock Trauma Center. While the woman’s injuries were serious, they are not believed to be life threatening. The bridge remained closed until engineers determined the accident hadn’t made the bridge unsafe.

This accident almost sounds like something out of a nightmare. While most drivers will never face a situation where they are forced over a bridge, people are injured in truck accidents every day. An attorney may be able to assist victims of truck accidents get the compensation they deserve for medical expenses, property damage and lost wages that may have resulted from an accident caused through another person’s negligence.

Source: Huffington Post, “Car plunges off Chesapeake Bay Bridge after collision with tractor-trailer“, Jean Marbella, July 20, 2013

Categories
Car Accidents

Accident claims the life of a woman, hurts 3

An accident that involved two trucks claimed the life of a 71-year-old woman from Tennessee and injured three others, including the driver allegedly responsible, on July 13. Authorities said the woman died on the scene of the car accident. She was driving south on a parkway when another truck, driven by a 39-year-old, traveling north hit her head-on. The 39-year-old was driving across the center line when he hit the woman. The man’s truck ended up in the center lane while the woman’s truck ended up on the side of the parkway.

Authorities plan to file charges against the man because he was driving on a suspended driver’s license. Emergency personnel needed to extract the woman from her truck. They also pulled out the other driver and a 34-year-old passenger using mechanical means. A 59-year-old man, related to the younger passenger, was helped as he exited the vehicle without extraction.

All three men were transported by emergency personnel to a medical facility but were later moved to a different hospital. The driver’s condition was listed as critical. The older man’s condition remained uncertain while the younger man’s condition was listed as serious. At least two fire departments helped with processing the scene and rendering medical aid, along with local, county and state law enforcement agencies.

After a car accident, the responsible party could face a traffic ticket or criminal charges. However, victims of the accident may not know that they have the right to pursue civil charges in order to hold the responsible parties financially accountable. A personal injury attorney might be able to help injured parties file a lawsuit so that they can recover related damages.

Source: The Daily Times, “One dead, three injured in crash on East Lamar Alexander Parkway“, Wes Wade, July 13, 2013

Categories
Car Accidents

Automobile accidents leading cause of death for teens

Many parents in Tennessee suffer rate shock when they try to add a teenage child to their automobile insurance policy. The average policy price increase is 84 percent when an individual attempts to add a teenager to their insurance, which translates into an additional $2,000 a year. This drastic rate hike is due to the fact that teenagers are some of the riskiest drivers to insure because they are so liable to be involved in a car accident.

Teenagers obviously do not have the experience behind the wheel that comes from years of driving, and they can be easily distracted. Even if a teenager is a contentious driver, they may not have the skills necessary to avoid an accident. One of the reasons that insurance companies charge so much when teenagers are added to a policy is because, according to the Centers for Disease Control and Prevention, the number one cause of death in 2010 for those between the ages of 15 and 25 was automobile crashes.

Fatalities for young adults are so frequent that they account for almost as many deaths as the next two most common causes of death combined. The rate of automobile death for young people has been declining steadily for the last several decades due to stricter vehicle safety regulations and improved drivers’ ed courses, but teenagers are still often the most dangerous drivers on the road.

Car crashes can lead to major injuries, extensive damage to vehicles and sometimes even death. If someone has been harmed in a car accident caused by a careless driver, they may be owed compensation. A lawyer could explain a victim’s options for legal recourse.

Source: Market Watch, “Yet one more reason not to let your teenager get behind the wheel of the family car: It will cost you a trunkload.“, Jennifer Waters, July 11, 2013

Categories
Car Accidents

Hit-and-run accident kills East Knoxville man

Police officers found a hit-and-run victim at the intersection of Olive Street and Martin Luther King, Jr. Avenue at approximately 11:45 p.m. on Monday, July 8, 2013. Throughout the night, fatal accident investigators and forensic technicians investigated the car accident.

At approximately 9:40 a.m. on Tuesday, July 9, 2013, police found the suspect at his girlfriend’s apartment and took him into custody. The man’s 1996 Cadillac Fleetwood was discovered one block away from the apartment. The suspect, who has a long criminal history, was charged with leaving the scene of an accident, failure to provide financial responsibility and vehicular homicide.

The accident victim was a 65-year-old man who had immigrated to the United States from Congo three years ago. He was the primary caregiver for his 15-year-old handicapped child and leaves behind four children between the ages of 9 and 20.

Families who have lost a loved one in a hit-and-run accident may struggle emotionally and financially, especially if the victim was a primary breadwinner. In addition to the lost income, they may be faced with staggering medical bills and funeral costs. Surviving family members may be entitled to financial compensation for their loss. In a situation where there has been excessive negligence, for example a hit-and-run, the family may also be entitled to punitive damages.

The first step a family may want to take is to contact a personal injury attorney. If the family wishes to seek punitive damages or simple compensation, an attorney may be able to help. An attorney may be able to negotiate with insurance companies and other responsible parties to obtain the maximum settlement amount.

Source: WATE.com, “East Knoxville man killed in hit-and-run accident“, josh Ault, July 08, 2013

Categories
Truck Accidents

New rules help semi drivers stay alert on the road

In an effort to reduce the number of accidents caused by fatigued commercial drivers, the Federal Motor Carrier Safety Administration has instituted a new set of rules. While the rules are aimed to keep the roads safe for all drivers, the financial strain they may cause makes them controversial. Drivers who are paid based on their mileage and the companies they work for stand to lose money based on these new industry standards.

According to the Department of Transportation, 13 percent of all bus and large truck fatalities are the result of drivers who have not had enough sleep. A serious truck accident is more likely to occur when a driver is on the road for more than 36 hours at a time. These new rules put restrictions on the number of hours a driver can work in a week and require rest breaks to help drivers stay alert while they are on the road.

There are three parts to the new provisions. Each driver must have a 34-hour off period every week. The block of time off must include two 1 a.m. to 5 a.m. periods. The maximum number of work hours per week has been reduced to 70 hours. Finally, drivers must take a half-hour break during their first eight-hours on the road.

With mandatory rest periods, semi-truck drivers should be more alert and less likely to be involved in preventable accidents. Those who are involved in accidents that involve commercial trucks are often seriously injured. In many of these cases, they injured person or their family members file a personal injury lawsuit against the driver or the trucking company. The assistance of an attorney who is experienced in settling accident claims can often result in a faster settlement.

Source: NPR, “New Rules Put Brakes On Truck Drivers’ Schedules“, June 30, 2013

Categories
Fatal Motor Vehicle Accidents

Hit-and-run driver sentenced to 30 years after killing three

A driver has been sentenced to 30 years in prison after a car accident in Tennessee that led to the death of a woman, a man and an unborn child. The woman killed in this accident was pregnant at the time and had reportedly stopped by the side of the road because she had run out of gas. A male neighbor had stopped to help her. After the neighbor gave the woman gas, a driver on the road reportedly struck them with his vehicle.

Both the man and woman died in the car accident and the child that the woman was pregnant with was also killed. The driver was reportedly intoxicated during the event. The state asked for the maximum sentence regarding the crime. The Assistant District Attorney stated that the man had a previous DUI charge and had not stopped drinking while driving. She further stated that the man had not shown remorse for his actions.

She used the fact that the driver did not turn himself in regarding the crime as evidence of this fact. The 30 year sentence contained 11 years for each count of murder, which included the murder of the unborn child, six years for tampering with the evidence, two years for leaving the scene of the hit-and-run and one year for reckless endangerment. Some of these charges were to be served concurrently.

The family of the woman and unborn child killed during this accident can pursue two wrongful death claims against the driver of the hit-and-run. The family of the man who was killed can file another wrongful death claim. A wrongful death claim allows the families to gain monetary compensation regarding the loss of their family members, including any burial expenses and associated costs that might have transpired.

Source: WATE 6 News, “Curtis Harper sentenced to 30 years in prison for hit-and-run accident“, June 26, 2013

Categories
Car Accidents

Man injured in Tennessee gas station explosion

A white 2008 Lincoln MKZ crashed into a gas pump on July 4, causing an explosion and leaving one male pedestrian burned. The victim remains in critical condition after the car accident but is stable. According to the local police department, the vehicle crossed the road and headed into oncoming traffic before driving off the road and into the gas station lot.

Local fire department representatives say that the pedestrian had left a nearby restaurant and made a purchase at the gas station before walking through the parking lot. The driver’s car headed toward the man – who ran to avoid being hit – and struck the gas pump, which burst into flames. The pedestrian was able to get away from the car but was caught in the fire. The victim suffered third degree burns on 40 percent of his body and was transported by ambulance to a local hospital. Weather conditions prevented him from being air transported to a burn unit until a later time.

According to fire department records, the gas station fire was put out within six minutes of receiving the alarm. Officials report that the station’s automatic gas shut off worked properly, which helped control the fire. The vehicle that crashed and started the fire was destroyed as was another nearby vehicle, which belonged to the gas station owner.

Unfortunately, car accidents involving innocent pedestrians cannot be completely prevented. For such situations, victims or family members may benefit from the advice of a personal injury attorney who deals in Tennessee law as it pertains to motor vehicle accidents and compensation. A lawyer of this type may be able to determine if a victim can file a lawsuit and the amount of monetary damages that may be sought.

Source: WBIR, “Man burned after car crashes into TN gas pump“, Philip Grey, July 05, 2013

Categories
Motorcycle Accidents

Safety reduces summertime motorcycle accidents

The increased amount of motorcyclists on the road during the summertime leads to the increase of motorcycle injuries. Unfortunately, failure to observe safety and share the road properly increases the likelihood of motorcycle accidents. Tennessee is no exception as far as the correlation between lack of safety and increased amount of accidents are concerned.

Many motorists claim that they do not see motorcycles; however, a number of motorists rely only on their mirrors and may fail to turn around to look in order to cover their blind spots. A motorcyclist’s best defense can be everyone else’s worst annoyance such as the sound of the engine revving, alerting other motorists’ attention of their presence.

However, not all motorcycle crashes are caused by people driving cars who claim they cannot see them. Many bike accidents are caused by speeding, driving while intoxicated, and carelessness on the road. Many motorcyclists weave in and out of traffic and, in a similar manner to automobiles, may not follow traffic laws closely. Therefore, in order to create a better environment for motorcycles and cars, all operators of such vehicles must make every effort to share the road with respect to everyone’s safety.

Motorcyclists often sustain more serious injuries than those who drive cars because they are less protected. With many more people on the road today, including motorcycles, there is greater risk for accidents involving critical wounds or even death. Tennessee residents who have been injured in motorcycle accidents might benefit by consulting with an experienced personal injury attorney. Those with serious injuries may be eligible to receive compensation, particularly if they are losing income. Likewise, those who lost loved ones because of motorcycle accidents might be able to collect damages as well.

Source: The Salem News, “Our view: As summer heats up, watch out for motorcycles”, July 26, 2013

Categories
Drunk Driving Accidents

New DUI bill in Tennessee becomes law on July 1st

The state of Tennessee is enacting a new law on July 1st that will require everyone convicted of a DUI with a blood alcohol concentration level of .08 or higher to have to have ignition interlock devices installed in the vehicles to continue driving. According to Mothers Against Drunk Drivers, the new law is a measure taken in an attempt to prevent future drunk driving offenses by those already convicted.

According to MADD, the new law will also require vehicles to have cameras in them that will snap a picture every time the breathalyzer is activated. This measure is taken to discourage others from blowing into the breathalyzer for a drunk driver. MADD hopes that this new law will help prevent another automobile accident due to drunk driving.

However, the prosecuting DUI attorney for Tennessee’s 10th Judicial District stated that the law is only as effective as enforcement and penalty of breaking it. Currently, drunk driving convictions in Tennessee are Class A misdemeanors that carry maximum fines of $2,500 and maximum jail sentences of 11 months and 29 days.

MADD hopes that the new law will help reduce the number of people injured in or killed in drunk driving accidents. People who are injured in car accidents because of a drunk driving might decide to file personal injury lawsuits against the drunk drivers. Likewise, family members of people who were killed in drunk driving accidents might decide to file wrongful death lawsuits against the drunk drivers. Personal injury lawyers might be able to assist people in filing these types of claims.

Source: Cleveland Daily Banner, “New DUI bill will become law on July 1 Read more: Cleveland Daily Banner – New DUI bill will become law on July 1 “, GREG KAYLOR, June 15, 2013