Categories
Drunk Driving Accidents

Tennessee Titans player arrested for DUI after crash

A player for the Tennessee Titans was arrested recently after police responded to the scene of a car accident and smelled a strong odor of alcohol. The player, tight end Brandon Barden, apparently refused field sobriety testing or any blood alcohol level testing, so it is unclear what his level of intoxication was at the time of the accident.

His car went off of the road, hitting a ditch and flipping over before it landed on its side. The potential for serious injury in an accident like that is significant, and the driver is fortunate not to have been injured. Two passengers were with him at the time of the crash and they refused medical treatment at the scene of the accident, so it is not clear whether or not they suffered any injuries.

Innocent passengers and bystanders who are injured in a drunk driving car accident have a right to pursue compensation from the reckless driver. In cases where there are significant medical bills, victims are unable to work, or a permanent disability results, the victims can seek compensation from the driver who was responsible for those damages along with other types of damages.

Any civil action taken by the victims would be separate from action taken by the state in pursuing the traffic violations and DUI charge that have already been brought. No trial date is set yet, but if the player chooses to go to trial rather than entering a guilty plea, it is likely that this case will be in the news again as more details emerge about the conduct leading up to the car accident.

Source: The Tennessean, “Titans’ Brandon Barden arrested on DUI,” Jim Wyatt, Feb. 28, 2013.

More information about the rights of drunk driving accident victims can be found on our website.

Categories
Fatal Motor Vehicle Accidents

Defective tire said to be cause in motorcycle accident deaths

The son of a couple who died in a motorcycle accident last year is suing a tire manufacturer and the motorcycle retailer for wrongful death. This type of lawsuit can be brought by a family member of a victim who died as a result of negligence on the part of a third party. For cases involving car or motorcycle accidents, family members often investigate whether the vehicle may have had any latent defects that could have caused the accident.

This is just one example of how many factors may be at play when a motorcycle accident occurs. Many people assume that motorcycle riders are not careful or that biking is dangerous to begin with, but the truth is that accident happen all the time for various reasons not related to driver negligence.

In this case, one of the tires on the Harley-Davidson motorcycle that the couple was riding was faulty and eventually blew out while they were riding together. The lawsuit specifically alleges that a tube within one of the tires was not functioning properly, which was the cause of the blow out that resulted in the crash.

Tire accidents like the one in this case are more common than many people realize. There are various factors that can contribute to a tire blowout, and it is the job of the manufacturer to foresee those possible hazards and to adequately design a product to be safe for ordinary uses. The facts of this case do not indicate that the couple put an extraordinary amount of wear and tear on the tire, so an appropriately designed tire should have continued to function properly.

Source: Pittsburgh Post-Gazette, “Tire maker sued in fatal cycle crash” March 5, 2013

More information about the rights of victims of motorcycle accidents can be found on our Knoxville personal injury site.

Categories
Fatal Motor Vehicle Accidents

Teen driver deaths up in 2012, danger remains

Earlier this week we discussed how some people in Tennessee and elsewhere incorrectly assume that young drivers are always at fault for accidents that they are involved in. This is not always the case, but some new figures from a respected organization shows that teen driver deaths are up.

According to the report, released by the Governors Highway Safety Association, deaths of 16- and 17-year-old drivers increased by 19 percent in the first half of 2012 compared to the same period in 2011. The deaths jumped from 202 to 240 during that period.

The sudden jump in fatal car accidents involving teen drivers is alarming. The increase in teen driver deaths outpaces the increase in total traffic deaths, according to data from the National Highway Traffic Safety Administration. According to NHTSA, an improving economy means more people are spending more time driving again, which means more accidents are likely to unfold.

Many have pointed to the use of graduated licensing programs in most states as the reason that teen driver fatalities had been declining in previous years. Under those programs, teens are gradually given more driving freedom through the years.

It should be noted, however, that despite the increase, driver deaths among 16 and 17-year-olds are still 50percent less than what they were 10 years ago, so it appears that over the long term the graduated license programs have had a positive effect. So it’s likely too early to tell what caused the increase, but it should be noted that teen drivers continue to be one of the more dangerous groups of drivers on the road. Continuous training and experience is needed.

Source: Los Angeles Times, “Teen driver fatalities grew last year, reversing downward trend,” Jerry Hirsch, Feb. 26, 2013

Categories
Car Accidents

Family calls for dangerous Knoxville-area exit ramp to be altered

It’s easy for people to point the finger at inexperience and recklessness whenever a young driver is killed in a car accident, but that isn’t always the case. Sometimes roads are designed poorly and are conducive to accidents happening. Knoxville residents are fighting to do something about an especially scary stretch of road.

Residents gathered at the exit ramp from the Pellissippi Parkway to Hardin Valley Road in Knoxville recently to remember a 21-year-old local college student who was killed in a car accident last year.

According to reports, the man’s car was exiting the parkway when his car ended up in the oncoming traffic lane of cars getting onto the parkway. His car was struck by a truck, killing him. According to people at the memorial gathering, the exit ramp has too sharp of a curve, which means cars on it could easily swerve into oncoming traffic.

Just recently, a three-car accident unfolded on the ramp. Six people were injured. Tennessee Department of Transportation officials told a local news station that the department is always looking at potential trouble spots, but there was no word on if any specific modifications were planned for the road. One person at the memorial gathering said there should be a stop light put in or the road should be widened.

Families who lose a loved one because a road is poorly maintained or designed may have recourse for getting damages to cover medical expenses or pain and suffering. Governments are supposed to serve and protect their citizens, and that includes making sure that roads are safe.

Source: WATE, “Memorial for Knoxville college student killed in car wreck prompts possible road changes,” Hayley Harmon, Feb. 24, 2013

Categories
Fatal Motor Vehicle Accidents

Car pulls out in front of truck in Tennessee, 2 killed

A recent accident in rural Tennessee outside of Knoxville shows the dangers of not respecting the right of way can have disastrous consequences. The tragic accident took the life of a 27-year-old woman and her 6-year-old daughter.

The accident happened in a small town called Etowah, which is about 60 miles southwest of Knoxville. According to the Tennessee Highway Patrol, the woman turned her small Saturn onto U.S. Route 411 into the path of a construction truck. Initial reports indicated that two children perished in the fatal car accident.

The Saturn had three other passengers, a 28-year-old man, a 10-year-old boy and an 8-year-old boy. Those three passengers had to be flown to a hospital in Knoxville, where their further conditions are unknown.

The 49-year-old truck driver was not injured in the accident. Police have not filed any charges. Presumably their investigation is ongoing, but it appears that the car pulled out in front of the truck on U.S. 411, meaning the Saturn driver was at fault. One could wonder whether the Saturn driver saw the truck, but the accident happened in the afternoon, meaning it was probably hard to not see the truck. One could understand if it was dark and the truck did not have its headlights on.

Many of the passengers in the car had the same last name as the driver, but the 8-year-old boy did not. If that child did not belong to the family, then the boy’s family may consider suing the other family for damages relating to the accident.

Source: WRCB, “McMinn County accident leaves mom and child dead,” Feb. 21, 2013

Categories
Car Accidents

Could town’s ‘crash tax’ proposal come to Tennessee?

One town’s proposal to help cover the cost of emergency responders heading to crash sites has many residents up in arms. Could you imagine being hit with the bill for first responders if someone hit your car? While this is unfolding in another southern state, that doesn’t mean a town in Tennessee won’t hear about the idea and pick up on it.

The fee is being called the “crash tax,” and starting March 1, residents of the town could be hit with a bill ranging from $500 to $2,000. The outcry from enraged citizens has public officials already going into damage control mode, saying that the bills will be sent to people’s insurance companies. But that is not satisfying many people, who worry that an insurance company may refuse to cover the cost.

Additionally, the people who cause car accidents will be the ones being billed, and not someone who wasn’t doing anything illegal or negligent. But what happens in the case of a hit-and-run accident? Should someone have to pay the bill because another driver was too irresponsible and cowardly to stop and admit fault?

But officials say the “crash tax” is needed to help the town close its budget gap. The new fee is projected to give the city about $50,000 each year. And with many local governments, including those in Tennessee, facing budget shortfalls, it’s not totally inconceivable that other towns will pick up on this idea, despite its unpopularity.

For someone who is injured in a car accident through no fault of their own, they may find themselves having to sue their own insurance company just to get the cost of emergency responders covered.

Source: KHOU, “‘Crash tax’ raising eyebrows in Missouri City,” Drew Karedes, Feb. 20, 2013

Categories
Car Accidents

Toyota continues to settle sudden acceleration lawsuits

Many people in Tennessee and throughout the country are familiar with the ongoing legal troubles facing auto manufacturer Toyota over the last few years due to a number of wrongful death and personal injury lawsuits stemming from accidents caused by sudden acceleration.

The company recently settled another wrongful death lawsuit that was going to go to trial this month. The couple died in a car accident after the gas pedal in their Toyota Camry became stuck, causing their car to crash into a wall.

The company has already agreed to pay more than $1 billion in damages in lawsuits filed by Toyota owners due to the sudden acceleration problem. The company blames the problem on floor mats or gas pedals becoming stuck or even driver error, but many attorneys are blaming the problem on the car maker’s electronic throttle control system.

During the last four years, more than 14 million Toyota vehicles have been recalled. They were fined late last year by the federal government to the tune of $17.4 million for failing to address the problem quickly enough.

One attorney has speculated that Toyota will keep settling lawsuits because it does not want internal company evidence that it can’t defend being exposed in open court. If there are larger problems with Toyota’s manufacturing, it may not serve them well to take any lawsuits to trial.

Anyone who has been hurt because of a problem like this, however, has the right to take their lawsuit to trial if they are not satisfied with a settlement offer. Many large companies will try to buy silence with a quick settlement, but victims shouldn’t be intimidated if they want the issue to receive more attention.

Source: Associated Press, “Toyota settlement may signal future legal strategy,” Greg Risling, Jan. 18, 2013

Categories
Car Accidents

Another passenger bus crash should open more eyes

When parents in Tennessee and any other state in the U.S. put their children on a bus, be it a school bus or a commercial passenger bus, they expect their loved ones to be transported safely by properly trained drivers. When drivers and bus companies violate that trust, they can be held accountable through lawsuits and federal safety regulators.

Another passenger bus injury, this one filled with 42 people, recently occurred in a state on the East Coast. One high school-aged student who was on the bus was heading back to her home city after visiting an Ivy League school. The accident occurred when the bus driver took his eyes off the road to check a GPS navigation device when the bus crashed into an overpass.

In all, 35 people were injured in the accident. A handful of those injured had to be hospitalized. According to police, the road that the bus was on had a 10-foot height restriction, meaning that the bus shouldn’t have been on the road in the first place.

Police have said the driver will be cited for violating height restrictions on the road, and that a further investigation could lead to more charges. Police will likely try to determine whether the driver had been behind the wheel for too long.

Federal safety regulators have been cracking down on bus companies that haven’t been taking safety as seriously as they should have. One parent recalled the horror of the phone call she received from her injured daughter in the aftermath of the crash. No parent should have to go through that. In addition to the driver, the bus company could also be brought to justice for the driver’s actions.

Source: Associated Press, “After visiting Harvard, dozens in Pa. high school group injured when bus hits overpass,” Feb. 4, 2013

Categories
Car Accidents

3 killed in West Tennessee accident weren’t wearing seat belts

It cannot be overstated how important it is to wear a seat belt whenever you are riding in a car. Seat belts are a primary method of protection during an accident. Without a seat belt, you could be ejected from the car and killed. A recent accident to the northeast of Memphis in rural Tennessee illustrates how important seat belt usage is.

A fatal car accident took the lives of three young Tennessee men recently, and Tennessee Highway Patrol troopers believe that seat belts could have saved lives. There are not many details available about the car accident other than a car that was traveling on state Route 76 left the road and went flying down a hill into a tree.

Killed in the accident were a 24-year-old man and two 23-year-old men. According to the accident report, none of the men were wearing their seat belts, and the report notes that wearing the belts could have changed the outcome of the accident.

Now this is where it gets tricky. When grown adults are in a car, is it their responsibility to put their own seat belt on and assume the risk if they choose not to? Does the driver have a responsibility to make sure that everyone in his or her car is buckled up in order to escape liability in an accident such as the one that happened above?

According to Tennessee law, every passenger in a vehicle is required to wear their seat belt. But is it the driver’s responsibility? This is what the families of the dead passengers may want to consider if they are thinking about filing wrongful death lawsuits against the driver’s estate.

Source: News Channel 5, “Three Killed In Single Car Crash In West Tennessee,” Jan. 22, 2013

Categories
Car Accidents

Drunk hits car in driveway, goes inside to sleep

You have to be pretty hammered to try and flee an accident that you caused in front of your own home. Even if you just go outside to move your car, getting behind the wheel after drinking is extremely dangerous and can put more than just your own safety at risk.

A recent drunk driving car accident in Tennessee should serve notice to all drivers that no matter how in control you think you are, you can get into an accident in front of your own home and face criminal charges.

A man, from Nashville, was arrested recently for committing a hit-and-run accident that took place in his own driveway of his apartment complex. According to police, another person saw the drunk driver back into her car. It’s unknown if she was in the car at the time of the accident.

According to police, the man was later discovered, sleeping, in his apartment. He is now charged with driving under the influence and leaving the scene of an accident. There are no details of any breath, blood or field sobriety tests that were conducted on the man to determine his level of drunkenness.

It’s also not known why the man felt it would be a good idea to get behind the wheel of his car after he had been drinking. But it should be a reminder that no matter how insignificant the task may be, you shouldn’t get behind the wheel after drinking, because mistakes can always happen. Fortunately no one was killed in this instance, but the results could have been much worse.

Source: News Channel 5, “Man Charged With DUI Hit & Run In Own Driveway,” Feb. 4, 2013