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Fatal Motor Vehicle Accidents

Fatal accident in Monroe County

Everyone knows that our highways and roadways can be dangerous. After all, the roads anywhere can be dangerous. But, no matter how dangerous we know the roads are, we likely do not expect to be involved in a police chase, let alone involved in an accident that results from one. Unfortunately, some locals are reeling from this very scenario.

The accident

According to the Tennessee Highway Patrol, this fatal vehicle accident Tuesday night after a police chase. Early in the day, THP alleged that the Sweetwater Police Department saw a van with a driver and passenger. From their reports, it is unclear what occurred in or around that van, but SPD classified it as a domestic disturbance.

When confronted by SPD, the driver and passenger fled, starting the police chase. The accident ended in Madisonville at New Highway 68 and Isabel Road, when the van collided with a bystander car. This caused the van to catch fire and roll over.

Injuries

The driver was ejected. She died on the scene, and her passenger was seriously injured. The people in the bystander car were also seriously injured. They were taken to a nearby medical facilities, and the THP is still investigating the accident.

Liabilities

The occupants of the bystander car may have suffer life-changing injuries. They may even die as a result of their injuries. It was just a normal day for them, and they did not deserve to be part of this accident. But, due to the choices of the driver, and possibly the occupant as well, they have no other choice but try to heal. So, the question becomes, do the bystander occupants have recourse.

In a word, yes. The driver, and depending on what the police discover about the passenger, perhaps, even the passenger, are responsible for all of the bystander occupants’ damages, including their pain and suffering. Though, to ensure their rights are protected, they should contact a motor vehicle accident attorney as soon as they are medically able.

Categories
Motorcycle Accidents

Road user awareness and motorcycle accident prevention

According to the National Highway Traffic Safety Administration, more than 4,900 motorcyclists lost their lives in fatal accidents during 2018. In fact, recent statistics show that motorcyclists are roughly 28 times more likely to lose their lives in collisions when compared to those riding in a passenger car. 

In order to prevent deadly accidents and crashes that cause debilitating injuries, road users should understand the risks and focus on avoiding motorcycle collisions. The NHTSA has outlined a number of guidelines that help all road users stay safe and decrease the likelihood of motorcycle accidents. 

Motorcyclists and awareness on the road

Motorcyclists need to watch out for the risks they face. Strategies such as weaving and downshifting help those riding a motorcycle avoid a collision. 

Moreover, those driving larger vehicles (such as cars and trucks) need to remember that riders are often less noticeable because of the smaller size of their motorcycles. When road conditions are poor due to bad weather or visibility is an issue as a result of fog or the night, the chances of a motorcycle crash are especially high, and all road users need to exercise caution. 

Other strategies to prevent motorcycle accidents

Many motorcycle crashes are the result of drug and alcohol use, fatigue and distractions such as phones. Also, motorcyclists need to make sure that they wear a helmet that meets government standards. 

Motorcycle crashes will continue, and when they are the result of a negligent driver, the driver must answer for their actions. Some motorcycle crash victims benefit from taking their case to court. 

Categories
Uncategorized

Wrongful death in Kentucky

The death of a loved one is a painful experience. When the death happens because of the negligence of someone else, the emotional and monetary ramifications may be catastrophic. Wrongful death laws in Kentucky provide an option for family members to hold someone responsible or receive compensation for the loss.

What is wrongful death?

The state of Kentucky defines wrongful death as the death of a person because of an injury caused by the negligence or wrongful act of someone else. There are four key elements to a wrongful death suit. They are:

  • Negligence
  • Breach of duty
  • Causation
  • Damages

A wrongful death suit is a civil action. The family may win compensatory damages that cover mental anguish and loss of income. The court may also award punitive damages if the accident was reckless or egregious.

Who can file a wrongful death suit?

A personal representative of the deceased’s estate, named by the probate court, can file a wrongful death claim. The appointed representative files the lawsuit on behalf of the family and any compensation received from the suit goes to the estate and family members.

Kentucky statutes require any amount recovered first go toward funeral expenses and attorney’s fees. Afterward, the money gets distributed in the following manner:

  1. Husband or wife, but no children
  2. Spouse and children
  3. If no spouse, then children
  4. If no spouse or children, then parents
  5. When no surviving family members, then the personal estate

A family member has a limited amount of time to file a wrongful death claim. Kentucky’s statute of limitations is two years from the date of death. A surviving spouse or minor children must file a loss of consortium claim within one year from the death date.

Categories
Fatal Motor Vehicle Accidents

Parking lot auto accident kills a child, injures a second

The Tennessee roadways are undoubtedly dangerous with auto accidents unfortunately common. However, motor vehicle accidents can happen anywhere, especially parking lots. Driving recklessly, failing to pay strict attention, driving under the influence – all can spark a collision with injuries and fatalities. Children are highly vulnerable. One recent accident exemplified this danger.

Woman arrested after parking lot crash

Two children were hit by a car in a parking lot for an apartment complex and the female driver, 28, was arrested. Both children were male, ages 9 and 7. The accident occurred in the evening at around 8 p.m. One of the kids was on a bicycle and the other was walking nearby. The woman, driving a 2005 Acura MDX was said to have been speeding when the crash happened. The 9-year-old was rushed to the hospital and later died. The 7-year-old was injured, but his life is not believed to be at risk.

All three were residents at the apartment complex. When law enforcement came to investigate, they found that the woman may have been under the influence of alcohol. She then admitted to drinking alcohol. A cup in the vehicle smelled of tequila. She was given a sobriety test, which she failed. She faces multiple charges linked to the collision.

Financial and personal ramifications can be immense after auto accidents

Any incident where people are injured or killed in a car crash will result in challenges. Those who are injured but survive will be confronted with medical care and the accompanying expenses. They may need to have care for the basics of everyday living. Work can be a problem or outright impossible. This can lead to major financial issues. If there is a fatality, the family left behind might deal with the same problems in addition to the emotional impact of an unexpected death. If the victims are children, it is exponentially worse. Although it can be hard to consider finances in such a situation, it remains important to discuss a claim with a legal professional to recover compensation.

A qualified legal firm may help with a filing

When there is a pedestrian accident, people should be aware of all the issues that can come about in its aftermath. When children were the victims, this can be a long-term personal and financial hardship that should be addressed immediately. The investigation is critical, particularly when the driver is accused of DUI and recklessness. Calling a legal firm experienced in motor vehicle accidents can be helpful when considering a lawsuit.

 

Categories
Motorcycle Accidents

Inattentiveness leads to fatal Maryville motorcycle accident

Most people in Knoxville may understand that there is almost always an inherent risk when traveling on the areas roads and highways (regardless of whether that travel takes place in a car or on a motorcycle). Yet what many may disagree upon this the degree of responsibility shared between a vehicle’s operator and their passengers. 

When two adults travel together in a vehicle, one might assume that the passenger should recognize the need to wear their seat belt and avoid distracting the driver (and, by extension, assume liability should any such action lead to them sustaining injuries in an accident). Yet the reckless and/or negligent behavior of a driver may be next-to-impossible to explain away. 

Accident along “the Tail of the Dragon” injures one, kills another

The question of who is liable for an accident can be a complex one, as a recent motorcycle accident in Maryville demonstrates. Authorities reported to the local ABC affiliate that a woman transporting a man on a motorcycle Trike along the popular scenic roadway between Chilhowee Lake and Deals Gap lost control of the vehicle and flipped it off the roadway. They believe the accident to be the result of the woman momentarily taking her eyes off the road and then overcorrecting after her inattentiveness resulted in the trike running into a ditch. She died in the collision; her passenger required treatment at a local hospital. 

Seeking compensation of a liable party’s estate

Medical treatment arising from motorcycle accidents like the one described above can be costly, and thus require one to seek compensation from the person responsible for it. One might question the logic in taking action against one who has died (which is what occurred in this case). Yet in such a scenario, compensation can come from a liability party’s estate. Having legal representation to rely on may help one looking to pursue such a claim. 

Categories
Uncategorized

FDA lists 149 dangerous hand sanitizer products

Over the last few months, Americans used hand sanitizer to protect themselves and others. But this important effort may have be hampered by the manufacture of unsafe sanitizers. The U.S. Food and Drug Administration listed 149 of these dangerous and defective products.

Earlier warnings

On June 19, the FDA issued a warning about hand sanitizers containing methanol and cited products manufactured by Eskbiochem SA de CV in Mexico. This is a type of wood alcohol that may be toxic when it is absorbed into the skin.

When this warning was issued, the market had nine products of concern. Over 100 more products were subsequently added.

The FDA announced in late July that it created an import alert to prevent specific sanitizers from entering the country. It is also seeking cooperation from retailers to stop their sale.

August warning

Earlier this month, the FDA announced the dangers of hand sanitizers contaminated with 1-proponol. This is a toxic and, when ingested, a potentially life-threatening alcohol.

The FDA’s warning to health care professional and consumers addressed certain hand sanitizer products including products made by Harmonic S de RL de MI Mexico. These are labeled as containing ethanol or isopropyl alcohol but tested positive for 1-proponal contamination.

Ingesting 1-propanol can cause potentially deadly central nervous depression. Signs of exposure include confusion, decreased consciousness, and slowed pulse and breathing. It can cause irritation if it gets into the eyes or on skin. There were also rare cases of allergic skin reactions.

1-propanol should not be confused with 2-propanol/isopropanol/isopropyl alcohol and is not an acceptable ingredient for hand sanitizers marketed in this country. 1-propanol is most dangerous to adolescents and adults who may consume it as an alcohol substitute and to young children. Anyone exposed to this product and having symptoms should immediately seek treatment for the toxic effects of 1-propanol poisoning.

Disposal

Brands with products on the FDA’s current list include Blumen, Klar and Danver, Assured Instant Hand Sanitizer and Aloe, Hello Kitty Hand Sanitizer, LumiSkin, Modesa and V-KLEAN. The FDA’s website contains the entire list of 149 products.

The FDA recommends that you quit using any sanitizer on the list and dispose it in a hazardous waste container. Do not pour them down the drain or flush them.

Anyone injured by unsafe products may be entitled to compensation. An attorney can help hold manufacturers responsible for these injuries.

Categories
motor vehicle accidents

Trusting driver assist to avoid auto accidents may be a mistake

Tennessee residents undoubtedly understand the risks they face when they head out on the road. This is true if they are driving, are passengers, are bicyclists or pedestrians. Motor vehicle accidents can cause severe injuries and fatalities. While the inherent dangers such as drunk drivers, distracted drivers, recklessness, negligence and drowsiness frequently factor in with a crash, there is a hope that advanced technology will make the roads exponentially safer. However, new research indicates that these systems’ effectiveness may be lacking.

Research downplays impact of driver assist

A new study from AAA came to several sobering conclusions about driver assist. Specifically, it says that these systems are unreliable and their safety benefits might be mitigated by that unreliability. These advancements include lane-assist to keep vehicles in their lanes, pedestrian recognition and automatic braking. Increasingly, automakers are installing driver assist. AAA tested five vehicles with these features and found that they all had at least one problem. An example is the driver needing to show quick reactions to maintain the vehicle’s lane at least one driver assist failure for every eight miles driven.

Even the benefits are thought to be inconsistent. Drivers who have vehicles with this advanced technology tend to become complacent and place too much trust in the vehicle’s technology. Nearly three out of four problems were linked to lane assist. Researchers say that human error is a cause for 94% of motor vehicle accidents and these advancements are designed to take the possibility of driver error out of the equation. However, it is only as effective as its design and there are still flaws to iron out.

Drivers should be aware of these issues

A vehicle drifting out of its lane is fundamentally dangerous. This is true if it is a road in which the vehicles are all heading in the same direction, but it is especially worrisome on a two-way road as a drifting vehicle can spark a head-on collision. It is easy to grow relaxed behind the wheel if there is a perception that the vehicle itself will handle any unexpected occurrence. If there is an accident, people can suffer life-changing injuries, exorbitant medical expenses, lost wages from the inability to work, and lifelong problems. Fatalities are also common causing emotional, financial and personal turmoil for the family left behind. Compensation through a legal filing might be the only way to cover for all that was lost. Consulting with a firm experienced in assessing and investigating motor vehicle accidents may be essential to a successful claim.

 

Categories
nursing home abuse and neglect

What should I look for when choosing a nursing home?

Whether you are searching for a nursing home for yourself or trying to help a loved one find suitable care, it is crucial that you choose a quality facility. While a majority of nursing facilities do genuinely care about their residents and their well-being, there are quite a few that provide lackluster service. Not only can this make for an unpleasant living experience, it can also endanger the health of residents.

That is why choosing the right nursing home is so important. The AARP offers the following suggestions to help you during the selection process, so you can rest assured that your best interests or the best interests of your loved one are a priority.

Review online ratings in detail

Online reviews provide great insight into the quality of a home, which is why they are the best place to start your search. When doing research, it is important to drill down past the general ratings to gauge each individual component. Look for reviews of the staff, the meals provided, activities, and all other factors that would give an impression of the overall quality of the place.

Do not let price be the only guiding factor

Some people think the more expensive the nursing home facility is, the better the care provided. However, this is not the only indicator of a quality nursing home. There are many other factors to be considered, from the experience and training of the staff to the safety measures in place to preserve the safety of the residents. On the other hand, do not choose the least expensive facility out of budgeting concerns.

Pay attention to the residents during your visit

While research is crucial when making your decision, you should also pay a visit to a few possible homes in person. While there, pay close attention to any residents you meet during your visit. Do they seem upbeat or depressed? Are they dressed in clean clothing or is their appearance shabby? Do they have nice things to say about the staff or the facility itself? If current residents seem displeased by their experience, chances are the nursing home is not up to your standards.

Categories
motor vehicle accidents

Could you have PTSD after your car accident?

After your recent car accident, you had a physician look you over to ensure you did not sustain injuries. Nothing major came back, but you still feel “off.”

While you may feel fine physically, the accident may have injured you mentally and emotionally. Determine if you have a personal injury claim against the at-fault driver by learning more about post-traumatic stress disorder.

Intense emotions after an auto accident

Shock, nervousness, anxiety and fear are all normal emotions to experience after a car accident, no matter how minor. It is when you experience persistent anxiety, uncontrollable memories of the accident, excessive irritability and dissociation that you may want to consider whether you have PTSD. Such negative emotions associated with the accident becoming stronger or lingering in your mind and body can affect your day-to-day life, making it difficult for you to function, work or enjoy your life.

Addressing trauma

Take steps to sort out your trauma healthily and productively. For instance, talking with a mental health specialist or your friends may help, or engaging in exercise could help minimize your stress. If you feel uncomfortable getting behind the wheel of a car after your accident, consider taking a defensive driving course.

Include your doctor in the healing process. You may feel uncomfortable having such a vulnerable conversation with your doctor, but remember that physicians do not exist to judge, but to help. You can ask if what you feel is normal after an auto accident, how long you can expect your feelings and thoughts to persist or if you have an underlying or undiagnosed mental health condition making you feel the way you do.

Not all car accident injuries are visible. Take steps to protect and advocate for your health and your legal rights.

Categories
motor vehicle accidents

Truck crash causes severe injuries for motorcyclists

More so than any other vehicle on the road in Tennessee, motorcycles are especially prone to dangerous accidents with larger automobiles.

In the case of trucks, these collisions can be deadly or life-threatening.

Pileup on the road

According to a report from Knoxville News station WATE 6, two riders were both struck when a truck rammed into a motorcycle. Although there is no certain cause yet, authorities believe that speeding was part of what led to the crash. When officials arrived at the scene, they saw the motorcyclist injured and still on the road. After more investigation, they also noticed that the passenger on the motorbike was lying in the bed of the truck. Both parties were quickly taken to the hospital and are currently being treated for any lingering health issues.

These injuries are likely severe and could be life-threatening, since emergency workers transported the passenger and rider directly to the emergency room. The condition of both patients is currently unknown, but the person driving the pickup truck is injury-free and not in need of treatment at this time. No passengers were riding along in the truck.

Driving and safety

In any accident involving a motorcycle, the driver must always be aware of road conditions and incoming traffic. Larger vehicles naturally overpower any smaller ones in the even of a crash. Almost all trucks have blind spots that prevent them from seeing oncoming traffic. Getting caught in a blind spot can lead to broken limbs, spinal cord injuries, or even death. If anyone is in a truck accident, seeking legal advice may be beneficial.