Tennessee Injury Attorney Blog

As the weather begins to warm and more motorcycle riders head out to enjoy the rumble and freedom of the road, the National Highway Traffic Safety Administration is urging other motorists to be especially mindful.

Our Knoxville motorcycle accident attorneys know that most catastrophic injuries sustained by motorcycle riders are the result of other drivers failing to be cautious.

One of the most common statements investigators hear after a motorcycle crash is, "But I didn't see him." It's not that these folks are lying. They probably really didn't see the motorcyclist - because they weren't looking.

May is national Motorcycle Safety Awareness Month, with drivers of cars, trucks and buses reminded that sharing the road means looking twice.

So far this year, there have been 19 motorcyclists killed in Tennessee, with Maryville and Clarksville having the highest rates.

The Tennessee Department of Safety reports that motorcycle crashes have been increasing annually for more than a decade, despite marked decreases regarding other types of crashes.

In Knox County, the number of motorcycle licenses has increased by an average of 5.4 percent each year since 2004, with more than 20,000 people in the county currently holding a motorcycle license.

Along with that, the number of motorcycle crashes has skyrocketed, from 2,300 in 2004 to more than 3,250 in 2008 - a 42 percent increase. The state sees between 140 to 150 motorcycle deaths each year and more than 2,500 injuries. This is despite the fact that we've seen a huge spike in the number of motorcyclists wearing helmets. Just 10 percent of the motorcyclists killed in Tennessee between 1999 and 2008 weren't wearing helmets.

Knox County has a crash rate of 10 per 1,000 motorcycle license endorsements, ranking it 34th out of the 95 counties in the state.

In terms of the deadliest months for motorcycle crashes, summer is unquestionably the leader, with fatalities beginning to spike in May and tapering off in September. That's why May is an especially appropriate time to highlight awareness.

Motorcyclists comprise nearly 15 percent of all highway deaths, even though the number of motorcycle registrations represent just 3 percent of all the vehicles on the road.

And when we look at it on a per-vehicle-miles-traveled basis, motorcyclists are 30 times more likely than operators of four-wheeled vehicles to be killed in a crash and five times more likely to suffer a serious injury.

To help reduce these figures, the NHTSA recommends the following action by fellow motorists:

• Don't drive distracted or drunk.


• Allow motorcyclists a full lane width.


• Always use your turn signals before you merge or change lanes or turn.


• Check your blind spots before changing lanes or merging.


• Bear in mind that even a few raindrops can pose a significant hazard to motorcyclists. Be especially courteous of them in inclement weather.


• Allow yourself more of a distance when you are behind a motorcycle so that he or she can navigate a safe stop or quick maneuver in an emergency.

Continue reading "Knoxville Motorcycle Crash Awareness Underscored in May" »

In a unanimous decision, the Tennessee Supreme Court ruled to reverse an earlier finding by an appellate court that federal law barred the wife of a man disabled in a bus accident from pursuing an injury claim.

Our Knoxville bus accident attorneys know that the ruling in Lake v. Memphis Landsmen, a decade in coming, will clear the way not only for this family to pursue just compensation, but also for anyone in the future facing down a similar situation.

According to court records, here is what happened:

In mid-March of 1998, a 60,000-pound concrete truck crashed into an 11,500-pound shuttle bus that was being used to take passengers to and from the Memphis International Airport and a local rental car company.

A passenger who was on that bus suffered severe and permanent brain injuries as a result of the crash.

Subsequently, the man's wife filed a personal injury lawsuit against the bus's owner, the manufacturer, the maker of the bus windows and the franchisor of the rental car business. The claims were for product liability and negligence. The plaintiff contended that the bus wasn't safe because it was not equipped with seat belts, the side windows were made with tempered glass as opposed to laminated glass and the vehicle contained seats that lined the perimeter, instead of a safer forward-facing arrangement.

The driver was also accused of failing to employ reasonable and ordinary care while driving the bus, and that as such, his employer was liable.

The window manufacturer was awarded a summary judgment, while the bus owner and franchisor received a partial summary judgement on the claims of product liability. However, the trial court denied a portion of the defendant's motion for summary judgment on the basis that the claims were preempted by the standards set forth by the Federal Motor Carrier Safety Association.

At the trial, a physicist specializing in motor vehicle safety testified that the bus did not provide adequate safeguards to protect against occupant ejection.

A jury later found the plaintiffs had sustained more than $8.5 million in damages. However, the jury also found that 100 percent of the blame belonged to the owner of the concrete truck, and that firm had already settled with the plaintiffs prior to trial.

The plaintiffs appealed for a new trial, but the defendants continued to assert that under Federal Motor Vehicle Safety Standards 205 and 208, 49 CFR 571.205, .208(1994), the issue with seat belts, window glass and perimeter seating were insufficient to establish negligence or liability. The Court of Appeals then ruled in the defendants' favor.

Now, the Tennessee Supreme Court has reversed that decision, remanding the case back to the appellate court for reconsideration on the basis of Williamson v. Mazda Motor of America Inc., a 2011 U.S. Supreme Court decision, which found that the decision of whether to provide seat belts in a bus is not one preempted by federal regulation and therefore wasn't sufficient grounds to toss out a case of alleged negligence.

So now, the case can move forward. We will be watching the developments closely.

Continue reading "Tennessee Supreme Court Rules Bus Accident Victim May Pursue Injury Claim Appeal" »

Our Knoxville car accident attorneys know that the Great Smoky Mountains are a huge draw to Tennessee, not only for tourists but for year-round residents as well.

The mountains are breathtaking - but can also be deadly, in no small part due to the intense layers of fog that creep along the steep, winding roads.

It was this same kind of fog on a recent Sunday along the Virginia-North Carolina border that resulted in almost 100 vehicles being involved in crashes. In the end, three were killed and 25 more were injured.

The Knoxville News Sentinel reports that state police in Virginia had determined 17 different accidents occurred along Interstate-95 - all within a one-mile span near the bottom of Fancy Gap Mountain. The crashes started shortly after 1 p.m., and continued on through the afternoon, amid a backdrop of heavy fog.

Officials noted that Fancy Gap Mountain is notorious for having treacherous fog banks. One minute, visibility is normal, and the next, drivers are in a dense fog. It often settles suddenly, giving officials little time to post advance warning signs to travelers.

Since 1997, there have been six similar pileups just on that mountain, though this most recent one was the deadliest, according to reports from The Roanoke Times. Previous crashes resulted in the death of two people each.

Officials said warning signs regarding the severe fog had been posted early that morning, but most of the crashes were the result of drivers who were traveling entirely too fast for the conditions.

The wreck that kicked off a chain reaction involved eight vehicles, a number of which burst into flames. Images from the scene revealed a burned-out tractor trailer and a number of other vehicles that appeared to be crushed but blackened by fire.

Local officials dispatched school buses to pick people up and transport them to area hotels and shelters.

Although Fancy Gap is known for this kind of fog, so are many others in Tennessee.

It's important for drivers traveling through these areas to be prepared for visibility conditions to change at a moment's notice. Fog can make it all but impossible to see even a few feet in front of you.

Driving cautiously and defensively to begin with is a good start.

The Weather Channel recommends that if you do encounter a fog while driving, keep the following in mind:

• Keep your high beams OFF. They will only result in the light being reflected back to you, which is going to make it even harder to see. Use your low beams.


• Slow down. Don't base the judgment of your speed off visual cues, either - actually watch your speedometer. The reason is that fog can actually create the optical illusion of slow motion, making you think you are traveling slower than you are in reality.


• Open your window a bit and turn the radio down or off. Ask your passengers to limit conversation. You want to try to listen for any traffic you may not be able to see.


• To aid with visibility, use your defrosters and your wipers as necessary.


• If you are having trouble seeing ahead of you, use the painted road markings or the right side of the road as a guide.


• Remain patient. Don't try to overcome other vehicles in a fog. You can't see far enough ahead of you to judge whether such a move is safe.


• Don't stop on the freeway - or any road that is heavily-traveled. If you feel unsafe continuing on, pull off at the next exit. If you must pull over immediately, pull as far away as possible, turn your vehicle's lights off and step as far away as possible from the vehicle to avoid the possibility that you'll be hit by a passing car.

Continue reading "Deadly Car Accidents Precipitated By Heavy Fog in Mountain Region" »

Trucks, due to their large size and their unique characteristics, are especially dangerous vehicles when involved in collisions with passenger vehicles. A passenger car is significantly outweighed by a truck, and when a truck and a passenger car get into a crash, a lot can go wrong. One of the biggest dangers, however, is something called an underride accident.

Our Knoxville truck accident attorneys know that an underride crash happens when a car actually slides right underneath a truck. This can cause devastating injuries due to the extensive damage done to the car.

Semitrailers are typically designed with the aim of preventing these types of crashes as a primary concern. But unfortunately there are some design flaws and areas where the design is lacking. A recent report from the Insurance Institute for Highway Safety (IIHS) highlights the potential problems that may occur in certain types of crashes involving large trucks.

Crash Test Reveals an Underside Accident Risk

According to the IIHS news release, a new type of crash test was conducted, which involved a car crashing into the back of a very large truck. The test was unique, however, because the car crashed only into a small portion of the rear of the truck.

When the car hit only a small portion of the side rear of the truck, there was a greater chance of the car getting trapped under the truck in an underride accident. As the IIHS points out, this means that the majority of trailers failed in preventing a potentially fatal underride accident.

When an underride accident occurs and the front of the passenger vehicle ends up underneath the bottom of the truck, the top of the occupant compartment is usually crushed or sheared away. Air bags, seatbelts and other safety devices in cars are virtually ineffective in this situation, and head and neck injuries are very common among those in the accident.

Crash Test Shows Underride Crashes a Serious Risk

Because underride crashes are so dangerous, trucks are designed to prevent this scenario from occurring. In fact, trucks are generally required to have steel bars called underride guards that hang from the rear of the trailer, with the aim of preventing a car from slipping underneath the truck.

Unfortunately, these underride guards may not be providing adequate protection. As IIHS points out, earlier studies indicated that the requirements for underride guards in the U.S. were inadequate both in terms of the dimensions and in terms of the minimum strength of the bars.

IIHS petitioned the National Highway Traffic Safety Institute (NHTSA) to make changes to the standards in 2011 to address these serious issues. IISH also asked NHTSA to apply standards regarding underride bars to certain other types of trucks that were not currently required to have them, such as dump trucks.

NHTSA has not responded to these requests or made any changes. However, Canada has tougher standards on underride bars and has since 2007, so many truck manufacturers have bars that exceed NHTSA standards even when the trucks are sold in the U.S.

The new crash tests, however, indicate that even trucks with better underride bars have vulnerabilities when a passenger car hits a truck from the side rear. Drivers of passenger cars need to be aware of the very serious risk of underride accidents that can exist when an accident of this type occurs.

Continue reading "Tennessee Tractor-Trailer Accidents & Increased Risk of Underride" »

As we near the end of distracted driving month, our Knoxville car accident lawyers wanted to make it a point to discuss a form of distraction that is too often overlooked: daydreaming.

It's likely almost everyone has done it at some point, and it's not difficult to understand why. Driving becomes such an entrenched part of our routines, that it's hardly something we even think about. Many drivers are basically running on autopilot behind the wheel, with their energies and attentions focused on what has to get done for work, where the kids have to go after school, the fight with their spouse, what's being made for dinner and a million other details.

Your mind may be moving as fast as your car, but it's not actually taking in everything around you. When this happens, you're at an increased risk of a motor vehicle accident. A recent study conducted by the University of Bordeaux in France found that of 1,000 drivers who were hurt in car accidents, more than half reported their thoughts had been somewhere other then the road in the moments before the crash.

This is noteworthy because while distractions like texting and driving have received so much attention, we rarely talk about the phenomenon of daydreaming distractions. We've been able to legislate a limit on certain kinds of driving distractions. For example, most states now have some kind of law against texting while driving, with some even having regulations on handheld cell phones. Many places too have graduated driver's license laws that force new drivers to limit the number of under-21 passengers in a vehicle at any one time, the idea being to limit the distracting conversation that so often leads to teen wrecks.

But we can't legislate thoughts.

Part of the biggest problem, according to psychologists who have studied the issue, is that so many of us allow our thoughts to drift without even realizing we're doing it. So while you can take steps to physically stop yourself from picking up the phone and texting while you're driving (by putting it out of reach, for example), it's harder to police your own thoughts.

That doesn't mean you're powerless.

Dr. Paul Atchley, professor of psychology at the University of Kansas who studies multitasking and distraction effects on driving, offers the following tips on how to best avoid a daydreaming-while-driving crash:

• Bear in mind the risk. It's easy when we're going through the daily routines to forget what a risk we take every time we get behind the wheel. Reminding yourself each time you get in that you're entering a potentially dangerous situation might help you to maintain your focus a bit better.


• When you find yourself starting to wander mentally, particularly when you're alone, engage yourself in games that will help you better focus. For example, "I Spy a Distracted Driver." See if you can spot other vehicles that are obeying traffic signals, remaining in their lanes or coming to a complete stop. This has the added benefit of prompting you to drive more defensively.


• Tell your passengers to speak up if they see something and don't feel you're reacting fast enough. Most people don't say anything because they don't want to be annoying or a "backseat driver." But if they have your permission to let you know when they see a potentially dangerous situation, it's safer for everyone.

Continue reading "Knoxville Injury Lawyers: The Dangers of Daydreaming and Driving" »

At the same time a 23-year-old University of Tennessee Honors graduate was getting behind the wheel of his vehicle after drinking, a young, pregnant mother was heading out to help a friend who had run out of gas.

Their worlds collided violently when that 23-year-old student slammed into the young mother, killing her, her unborn child and another good Samaritan. The Samaritan was a 45-year-old man who lived nearby and had stopped to see if the women needed assistance.

Our Knoxville personal injury lawyers, like so many in this community, encourage you to drink responsibly as we head into the heart of the spring and summer travel season.

A reconstructionist expert with the Knoxville Police Department testified there is no indication that the young driver even touched his brakes or made any effort to stop after the crash. Instead, he fled to his nearby residence, where detectives found him a short time later. By the time they arrived, officers said there was evidence that the defendant had already attempted to wash the blood from his sport utility vehicle.

The woman who had run out of gas was not injured, but she took her own life several months later.

The crash occurred last spring. The defendant is now on trial on 11 felony charges, including three counts of vehicular homicide, DUI, reckless endangerment and hit-and-run. The emotional trial has been heavily covered by local media. One of the latest revelations came from the student's roommate, who testified that the driver admitted to being drunk that night when he arrived back home.

The defendant's lawyer is attempting to argue that while his client was drinking, he was not legally drunk. It's going to be a hard-sell defense, but even if he's successful, it doesn't change the fact that three innocent people are dead as a result of gross negligence.

Many times in cases like this, regardless of the criminal trial outcome, survivors of drunk driving crashes will pursue civil action.

Criminal cases are all about penalties that the defendant must pay for his crime against society. Civil cases are about repaying damages to you for your great loss. This may include out-of-pocket medical expenses, medical bills, actual or potential lost earnings, emotional distress and pain and suffering. Survivors who have lost a spouse or child or parent may also sue for loss of companionship or services.

While nothing will ever bring your loved one back, the idea is to help restore you, to whatever extent is possible.

In cases of drunk drivers, it's also possible for claimants to seek damages from third parties. For example, if the defendant was under the age of 21, you may pursue damages from whoever served or sold him alcohol. If he was drunk and had just left a bar, you may be able to seek damages from the bar for failing to serve alcohol responsibly.

It's important to remember the consequences of drinking and driving as we head into summer. If more drivers pictured themselves standing trial for killing a family, fewer might take the chance when it comes to climbing behind the wheel after having too much to drink.

Continue reading "Triple Fatality Knoxville DUI Suspect on Trial for Vehicular Homicide" »

April may historically be known for its showers, but our Knoxville car accident lawyers know it is fast becoming recognized for something else: Raising awareness about the dangers of distracted driving.

It's no coincidence that this is the same month of prom preparations and spring fever, when young folks especially are eager to enjoy the warming weather. But more people behind the wheel inevitably are going to mean more crashes. Further, it seems that with regard to distracted driving, we're getting worse - not better.

The National Highway Traffic Safety Administration reports that, in 2010, one in five young drivers were observed behind the wheel using a hand-held electronic device, usually a cell phone.

Fast-forward to this year. That figure has doubled. It's now two in five young drivers.

And there is more bad news.

Anytime you're on the road, every other driver you pass will answer a phone call. One out of every four drivers you pass will make a phone call. Of the young drivers you pass, three out of every five will pick up the phone to answer a call. One-third of those same young drivers will make a call.

It's terrifying when you consider the effect that such action has on a person's ability to safely operate a motor vehicle. People have this skewed perception that, while distracted driving is dangerous when other drivers do it, it's acceptable for them. They fail to see how much their own ability to drive safely is eroded when they are talking or texting behind the wheel.

While all distractions can significantly detract from your safety, not all distractions are created equally. Texting involves visual, manual and cognitive distraction. That is, when you are texting, you are not looking at the road, you are not holding onto the wheel with both hands and you aren't thinking about the road ahead of you.

And yet, it's becoming a more common phenomenon.

The NHTSA reports that, at any given moment on U.S. roadways, some 660,000 motorists are talking on their phone. That's about five percent of all licensed drivers, though consider that not every licensed driver is on the road at any given moment.

Even more troubling are the statistics for manipulating a mobile device while driving. That is something right at this moment being engaged in by 1.18 million drivers, or about nine percent overall.

This is deeply troubling, particularly when you consider that most people KNOW this is not a good idea. Three quarters of Americans support a ban on cell phone use while driving and 95 percent support a ban on texting while driving.

Yet, half of us right now are answering a phone call while driving. A quarter of us are placing a call. Nearly 700,000 are texting in the driver's seat.

This disconnect must stop. The only way we are going to make a difference is by having every individual make a pledge to put their phones out of reach before each and every trip. Don't assume you are one of those who can do it safely. Those people don't exist.

It starts with you.

Continue reading "Knoxville Car Accident Prevention: Distracted Driving Awareness Month" »

On April 2, 2013, the Journal Express reported that a woman and three children were involved in an accident with a train. Two of the children were killed in the accident and the surviving child is fighting for his life.

Our Knoxville accident attorneys know that train accidents are often fatal due to the tremendous size of the train and the force at which the train can hit. It is important that crossing equipment around trains be kept in good working order and that drivers and pedestrians behave in a smart and safe manner when they approach train tracks.

The Batavia Train Accident
According to the Journal Express, a state patrol officer indicated that the woman involved in the accident drove around the stop arms at the railroad tracks at shortly after 6:00 P.M. When the woman entered the tracks, her mini van was hit by a train that was headed west.

There were three children in the van at the time when the accident occurred, although law enforcement has not confirmed that the van driver was the mother of the children. Two of the children, ages 5 and 4, were killed, and the 2-year-old child and the 25-year-old driver were both being treated at a nearby hospital at the time of the article.

The Journal Express also reports that the investigation into how the accident happened is ongoing. The officer interviewed said that he believed everything was working at the time of the crash, including the horns and stop arms signifying the approach of a train. Further, he indicates that there was a train on one of the other tracks.

However, while this may be the case, it is advisable for the parties involved to conduct an independent investigation to ensure that the truth is discovered. The fact is that the railroad infrastructure throughout the United States is aging. Numerous states are under federal mandate to improve railroad crossing safety. Far too many crossings are unarmed. When warning systems do exist, they are often antiquated or inadequate.

If equipment fails, even once, at a train track, then someone could get seriously hurt. In this case, for example, the young woman driver with three children in the van might not have even been aware that a train was coming if the warning system malfunctioned. This is particularly true at night or when visibility is otherwise reduced.

Staying Safe at Train Tracks
The warning systems, including stop arms and auditory warnings, are the keys to preventing train accidents. Drivers should also be cautious when approaching a train track and should stop several feet back from the track and out of the way when a train is approaching.

By steering clear of train tracks, never stopping on the track, and looking both ways carefully before crossing train tracks, drivers can do their part to prevent becoming involved in a serious accident.

Continue reading "Accident Highlights Tennessee Railroad Crossing Safety " »

In Tennessee, spring and summer time are celebrated because they provide an opportunity to be outside and to do outdoor activities. The Great Smoky Mountains National Park, along with the Tennessee-North Carolina border, attract people from all over the world to partake in hiking, canoeing and whitewater rafting. These activities can be great adventures and can be a lot of fun, but unfortunately they can also sometimes turn deadly.

Our Knoxville injury lawyers know that the warmer weather season significantly increases the number of people coming to Tennessee to canoe or raft. Unfortunately, both visitors and locals are in danger of getting hurt when they are out on the water, unless appropriate safety precautions are taken.

Accident at Great Smoky Mountains National Park
Tragically, on March 12, 2013, the News Observer indicated that a casualty had already occurred this year as a result of canoeing in Great Smoky Mountains National Park. The death involved a 65-year-old man visiting from Bridgenorth, Ontario. The man was with a group of fellow Canadians, all of whom were enthusiasts of white water rafting and who had come to visit Little River for an outdoor canoeing excursion.

Unfortunately, while running the Little River, the 65-year-old man's canoe overturned. As a result, he was swept downstream and was unable to get out of the water or back into his canoe. For approximately 30 minutes, he was trapped under the surface.

His fellow canoeists tried to rescue him, working to pull him out of the water and to give him CPR. Emergency personnel were contacted and came to the scene, finding the older man with a heartbeat and breathing at the time. The older man was put into an ambulance and taken to a hospital, but unfortunately he died as a result of the accident.

Who is Responsible When an Accident Happens?
This tragic canoeing accident raises many important questions, especially as people start to plan their spring and summer trips and consider going whitewater rafting or canoeing.

One of the biggest and most important issues is the extent of responsibility that the whitewater rafting or canoeing company has to visitors. For example, a company may set up whitewater rafting or canoeing excursions or may simply provide canoes or rafts for rental. In any case, once a company is involved, they have some duty to their guests or patrons to look out for their safety.

Canoeing and whitewater rafting companies will usually have customers sign a liability release absolving them of liability in the event of injury. Even when a liability release is in place, however, this does not mean that victims of accidents cannot sue whitewater rafting or canoeing companies. Liability releases only help the company to avoid being responsible for customary and expected risks; releases don't absolve them of all liability.

If a canoeing or white water rafting company is unreasonably negligent or careless in their acts or policies, then they can generally be held legally liable, even with a signed liability release. For example, a company that rents a canoe or allows a whitewater rafting excursion when they know the weather is bad and conditions are dangerous, or a company that uses equipment that is not properly maintained, can be held legally responsible for any damages caused by their actions.

The injured victim will need to show that the company was responsible in some way that is not covered by any liability release. If he or she succeeds, the victim can obtain compensation including payment of medical bills and lost income as well as damages for pain and suffering and other loss.

Continue reading "Tennessee Rafting and Canoe Accidents Present Spring & Summer Dangers" »

The Tennessee Department of Transportation (DOT) has recently begun using the 151 electrical highway signs in the state to send a message to drivers. The message: people die every day from car accidents. The DOT is sending this message by posting on the sign the total number of traffic fatalities in the state, year-to-date.

Our Knoxville accident lawyers know that there are thousands of people who die on the roads each year and that there are many more who suffer injuries as a result of car wrecks. Unfortunately, many drivers don't really think about these tragic deaths and may not pause to consider that their driving choices could have very real consequences. By posting the fatality count, the Tennessee DOT hopes to make drivers more aware. However, not everyone agrees with this controversial new effort.

Controversy Over DOT Signs
According to WBIR, there are some people in the state of Tennessee who are complaining that the electronic count of the number of car accident deaths is too gruesome. The electronic signs were traditionally used to announce things like lane blockages, and some do not believe that they should now be used to count up the number killed in traffic collisions.

Others, however, believe that these DOT signs are serving an important purpose and hopefully saving lives. The sister of one drunk driving victim, for example, indicated that she believes that the signs are a reflection of real people who were lost and are more than just statistics. She is an advocate for the signs because they remind drivers of those who have been killed.

Are the Signs Working?
According to WBIR, officials indicated that it is a good thing the signs are drawing so much discussion, even if the talk focuses, in part, on the controversy. Because people are talking about them everywhere, the signs are drawing attention to the high number of car accident deaths in Tennessee and making people think.

The signs may already be having a positive effect on reducing the number of deaths occurring in the state. As WBIR reports, there were 1,013 car accident deaths in Tennessee in 2012. This was 75 people more than the number who died in 2011, which is a huge increase. However, the majority of this increase occurred in the first portion of the year before the signs were put up.

During the first three months of 2012, there were 64 more deaths than during the same period of time in 2011. If the disturbing increase in auto accident deaths continues at this pace for the rest of the year, then it is likely that more than 1,200 people will lose their lives in Tennessee accidents.

After the signs began counting fatalities, however, the number of car accident deaths leveled off. Although this is anecdotal and more studies will need to be done on an ongoing basis to see if the signs are really playing a role in reducing the number of deaths, it is clear that reminding people of the consequences of car accidents cannot hurt efforts to reduce the risks we all face on the road.

Continue reading "Tennessee Car Accident Toll on Roadside Signs Faces Opposition" »

Figures recently released by the Governors' Highway Safety Association indicate that Tennessee is No. 1 in the country (tied with Indiana) for the most teen car accident fatalities.

Our Knoxville car accident lawyers know that this is a distinction desired by no one. More must be done to curb this troubling rise, though it's worth noting the same pattern was recorded nationwide. Overall in the U.S., teen traffic fatalities rose from 201 in the first six months of 2011 to 240 in the first six months of 2012. That's a nearly 20 percent increase.

In Tennessee, we reported nearly three times as many fatalities, from six teen fatalities in the first six months of 2011 to 16 in the first six months of last year. In all, the teen fatality numbers increased in 25 states, saw a decrease in 17 states and saw no change at all in eight states. Of those that increased, six states - including Tennessee - did so by more than five deaths, which is statistically significant.

This represents a shift in the trend we have seen recent years. Officials had hoped that graduated driver's license programs, bans on behind-the-wheel texting and cell phone use for teens, and awareness initiatives were working to turn the tide. But it doesn't appear to be enough, as ever-evolving technology means that distractions remain a top problem for teens behind the wheel. Additionally, the report indicates, far too many 16-and-17-year-old drivers and passengers aren't wearing their seat belts.

We may also have the economy to blame for some of it. Improvements mean that more teens have access to jobs, which means spare cash which translates to gas money. More teens are on the road when the economy is growing.

The number of fatalities involving 16-year-old drivers compared to 17-year-old drivers was about the same. The report indicated that in the first half of 2011, there were 107 16-year-old driver fatalities, compared to 116 involving 17-year-old drivers. In the first half of 2012, there were 86 fatalities involving 16-year-old drivers, versus 133 involving 17-year-old drivers.

More definitive data will show annual trends and is expected to be released later this year.

Jacqueline Gillan, president of the Advocates for Highway and Auto Safety, has been quoted as saying that the results of this study should be a strong motivator for governors and state legislators to push and approve stricter teen driving laws.

It appears that such measures do actually make a difference. In 2000, there were more than 430 drivers age 16 who were killed that year. That figure had been slashed to less than 175 by 2011. Same thing with 17-year-old drivers, of whom about 565 died in traffic crashes in 2000, compared to 250 total in 2011.

While legislators have an important role in this, parents do too. Set a good example for your teen driver by obeying all local driving laws and refraining from cell phone use or texting while you're driving. Spend time with your child - up to 100 hours in the car, with your teen behind the wheel - teaching him or her how to drive. Give him constructive critiques and teach him to keep his temper in check. Set and stick to consequences for bad behind-the-wheel behavior.

Continue reading "Tennessee Teen Car Accident Fatalities Highest in the Nation" »

It's been almost a year since a trucker from Florida fell asleep at the wheel of his rig in West Knoxville, slamming into a police cruiser that then burst into flames, critically injuring the sergeant inside.

Now, our Knoxville truck accident lawyers understand that truck driver has been indicted by a grand jury on criminal charges of aggravated assault, reckless driving, reckless endangerment and failure to drive within a single lane of traffic.

The 57-year-old truck driver admitted to emergency responders that he had been so tired just before the wreck, he had been splashing his face with cold water to stay awake. He had been hired by the Orlando-based trucking agency just two weeks before.

Alcohol is not believed to have been a factor in the crash.

Immediately after the wreck, the truck driver ran to the aid of the officer, helping to pull him from the cruiser, with the help of paramedics who happened upon the scene on their way back from transporting a different patient to the hospital. Paramedics also suffered burns as a result.

The trooper inside the burning vehicle, meanwhile, nearly died. He had his emergency lights flashing and was parked on the shoulder of the highway when the crash happened. Although it was touch-and-go for some time, he was later transferred to a rehabilitation facility, where he underwent months and months of intensive physical therapy. He has since returned home, but he has not been able to go back to work.

The truck driver is reportedly working to negotiate some sort of plea deal, though the details of what that might look like aren't yet clear. The driver is said to be devastated by the crash and wracked with guilt over the injuries suffered by the trooper.

No doubt, most people who are involved in fatal or near-fatal accidents don't set out that day to do so. But truckers who fail to adhere to hours of service restrictions or continue to drive when it's obvious even to them that they are too tired to do so must be held accountable. In cases where the company's scheduling prohibits adherence to federal hours of service operations, they too need to be held accountable.

According to the the AAA Foundation, it's not just truck drivers, either. While nearly all drivers surveyed in 2012 reported that driving drowsy was a risk to their safety and was unacceptable, almost a third admitted to being so tired behind the wheel within the last month that they could barely keep their eyes open.

It's estimated that about 17 percent of all fatal crashes involve drivers who were sleepy.

Every single driver has a responsibility to ensure he or she is alert and oriented to the road ahead. If you need to pull over and take a nap, do so. Here are some key warning signs that you need to stop driving:

• Your eyelids are getting heavy or you have difficulty keeping your eyes open and focused;


• You are having trouble keeping your head up;


• You find yourself rubbing your eyes or yawning;


• You are missing traffic signs or signals or driving past your exit;


• You can't remember the last few miles you drove;


• You have drifted from your lane or hit the rumble strips.

Continue reading "Knoxville Truck Accident Nearly Killed Trooper Now Results in Charges" »

Nearly 1,120 people lost their loves on Tennessee roads and highways last year, according to preliminary data, representing a nearly 9 percent increase in a single year.

Knoxville personal injury attorneys urge every driver in the state to take note of the new traffic fatality statistics and to make a renewed commitment to safe driving as we work to bring the number of deaths down in 2013.

State officials are touting the fact that the number of deaths is the third-lowest dating back to 1963. But the fact that we saw such a sharp increase, despite the measures laid forth in the governor's 2012 Highway Safety Performance Plan, is troubling. As the commissioner of the Tennessee Department of Safety and Homeland Security put it: We must do better.

The agency has reportedly invested millions of dollars in state and federal funds for anti-crash efforts in the last year. That included electronic messaging centers with signs warning drivers against engaging in some of the hazards known to be more common - texting behind the wheel, drinking and driving, drowsy driving, etc.

The state department of transportation wanted drivers to think about the risks. (The method is a bit counterintuitive, though, considering moves by local county commissioners to ban digital billboards due to the distraction they cause motorists.)

In any case, it doesn't seem efforts were successful. For example, the number of DUI arrests in the state shot up by more than 25 percent from 2011 to 2012. Early numbers indicate nearly 250 people died in alcohol-related crashes in the state. That's a 24 percent increase from the year before, though it is worth noting that impaired driving deaths fell by about 32 percent from 2007 to 2011 in the state.

Another major concern for traffic officials is lack of seat belt usage. People without a seat belt accounted for nearly 53 percent of those killed in motor vehicle accidents last year.

Other major contributing factors included speed (which was a factor in 141 fatal crashes) and distracted driving (a factor in 56 fatal crashes).

Sadly, the number of teens killed on Tennessee roads increased by more than 10 percent last year. Officials primarily blame distracted driving.

Also worthy of alarm is the fact that the number of motorcycle deaths in our state has tripled in the last 14 years -- up more than 21 percent just in the last year. There were 138 motorcyclists killed in Tennessee in 2012, compared to 114 the previous year.

These disturbing upward trends weren't just in Tennessee, either. The National Safety Council reported that throughout the country, traffic deaths climbed by 5 percent last year (not including December, for which final figures aren't yet available). Many nearby states also had marked increases, including: Kentucky, North Carolina, Missouri, Virginia and Georgia.

Unfortunately, so far this year, we're on the exact same trajectory. Some 36 people died on Tennessee roads as of January 16. That was the exact same number as had been tallied at the same time last year.

Continue reading "Tennessee Traffic Deaths Spiked in 2012" »

Although some say that the moving, flashing, scrolling mass of letters and images on huge roadways signs amounts to a form of blight in and of itself, that wasn't the direct aim of Knoxville County Commissioners in banning conversion of traditional billboards to digital format.

Knoxville car accident lawyers know it had more to do with distraction and contribution to crashes along our commercial thoroughfares and highways.

We aren't the first city to ban such billboards.

In December, a Los Angeles appellate court ruled that some 100 digital billboards throughout the city have to come down, finding that the permits obtained for them are invalid, as the city council had signed a deal with the firms in a closed-door session, despite an already-existing ban on digital conversions.

Numerous other cities have taken a similar stand.

The states of Maine, Vermont, Alaska and Hawaii ban billboards altogether - including the digital kind.

Part of that has to do with the 1965 Highway Beautification Act, which was passed with the goal of limiting commercial advertising along America's highways. However, five years ago, the Federal Highway Safety Administration ruled that digital billboards don't violate that act, despite the clear wording that bans "moving," "flashing" or "intermittent" lights.

That ruling was head-scratching, but many cities - Knoxville included - have taken the issue into their own hands. Of course, the issue of whether it is a real distraction is unclear. It hasn't been studied a great deal. what we do know is that it only takes a moment of distraction to result in fatal consequences.

The National Highway Traffic Safety Administration focuses its distraction message on actions for which drivers are inherently responsible: Texting, talking on the cell phone, grooming, eating or drinking, using a navigation system, watching a video or fiddling with the radio. However, the thing about digital billboards is that drivers don't have a choice but to look at them. The eye can't help but be drawn to strobe lights along the roadway.

A 2009 study by the American Association of State Highway and Transportation Officials found that digital billboards are unsafe, as they attract a drivers' attention for extended periods of time, which has proven to be dangerous. Although the billboard industry categorically denies this, the whole point of these signs is to attract attention. Otherwise, why put them along the roadway?

In Knoxville, commissioners decided to strike a compromise on the issue, though they were sharply divided on the three proposals. While the group did sign a measure that will prevent conversion, it did not approve two other laws. One would have put a ban on all new billboards, and the other would have meant the elimination of all electronic message boards - even those in front of banks or other businesses that scroll the temperature and time.

But those latter two aren't dead entirely. They have been forwarded to the county's planning commission, which is expected to conduct further study and report back to the commission in April.

Continue reading "Knoxville Crashes, Distraction, Target of Digital Billboard Ban" »

Recently, near the Tennessee border in Kentucky, two people - including a passenger from Knoxville - were critically injured in a rollover crash on Interstate 24 near mile marker 79.

Our Tennessee auto accident attorneys understand that the 25-year-old driver for reasons unknown lost control of his vehicle, crossed the median, became airborne and rolled several times before landing upright in the median.

The driver and his passenger were flown by helicopter to a nearby hospital in Tennessee, and their injuries were believed to be life-threatening. Another vehicle rollover, this one in Nashville, reportedly snarled multiple lanes of traffic on Interstate 40 near mile marker 223. Tennessee transportation officials reported an overturned sport utility vehicle in the roadway, though thankfully there were no serious injuries.

Rollover incidents like these happen every single day in Tennessee, and they pose an increased risk of serious injuries or fatalities. The U.S. Department of Transportation (DOT) reports that while any kind of vehicle has the potential to rollover, narrower, taller vehicles have a greater propensity for it. These would be vehicles like vans, pick-up trucks and SUVs, which have higher centers of gravity.

In looking at the overall causes of rollovers, however, human error is almost always a factor. The DOT reports that fatal rollovers are more frequently attributed to excessive speed than fatal crashes that don't involve rollovers. It's estimated that approximately 40 percent of all deadly rollover crashes are the result of high speed. What's more, three quarters of all fatal rollovers happened on a road where the posted speed limit was higher than 55 miles per hour.

Another troubling trend involves alcohol. The DOT posits that almost half of all rollover crashes resulting in death somehow involved alcohol, even though not all of those technically crossed the 0.08 percent BAC legal threshold for intoxication.

While one might think that highways would be the most frequent site of rollover crashes, in fact rural roads are the more common location. That's likely because these roadways have no barriers or dividers that would serve to stop a vehicle from tipping over should it leave the roadway. In fact three-quarters of all fatal rollover crashes happen on rural roads.

Rollovers also tend to be more fatal than other types of crashes. Of the more than 9 million traffic accidents recorded in 2010, only a little more than 2 percent involved a rollover. And yet, rollovers accounted for approximately 35 percent of all passenger vehicle deaths that year. That is more than 7,600 people who lost their lives in rollover crashes.

By far the most common type of rollover is called a "tripped" rollover. This is when the vehicle leaves the road and slides sideways after the tires either strike an object or dig into soft soil. If this is done at a high rate of speed, the sheer force can cause the vehicle to roll multiple times.

In addition to being cautious about your vehicle's rollover rating, prevention is often just as simple as slowing down, refraining from drinking behind the wheel and avoiding distraction and driving in inclement weather.

Continue reading "Tennessee Rollover Crashes Pose Heightened Fatality Risks" »