Tennessee Injury Attorney Blog

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" »

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" »

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 " »

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" »

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" »

Having your car break down is never a good experience, but it can also be deadly, particularly if it happens on the highway and you don't act appropriately.

Our Knoxville car accident attorneys understand that a recent four-car pileup on I-40 E on a Friday evening was the result of a domino effect, kicked off by a blown tire.

According to local police, the tire came completely unhinged from the first vehicle in the midst of rush hour traffic. The vehicle ground to a halt, with the wheel ending up next to it and obstructing another lane.

As officers raced to the scene, another vehicle braked hard to avoid hitting the broken down car. Behind that driver was another who had reportedly been following to closely and the two collided, with two others slamming into those shortly thereafter.

Rescue crews had to use specialized equipment to pull the accident victims from their vehicles, and three were rushed to the hospital. Thankfully, no life-threatening injuries were reported.

Officials said the crash is a cautionary tale of the importance of maintaining your vehicle and knowing what to do in the event of an emergency. The fact is we're likely seeing more of these incidents these days, as cash-strapped Americans are hanging on to older vehicles longer. Researchers at R.I. Polk conducted a study last year that found drivers of used vehicles were keeping them on average for 50 months - compared to the average 32 months recorded in 2003.

Still, the money you save by refraining from purchasing a new car should really be put into the maintenance of the one you have. As this case shows, such action may be critical. Other preventative measures include mapping your route before you leave, keeping abreast of inclement weather conditions, minimizing your distractions and remaining alert.

If you do break down, AAA recommends the following action:

• Make a quick assessment of where you are as you realize your vehicle is causing problems and may break down. This is going to be important when you call for help.


• Get off the road. In most cases, you want to get as far off the street to the right as you possibly can. If you're on the highway and you're closer to the left median, go there instead but only if necessary.


• If you can't get off the road, turn on your emergency flashers. If you think you may be likely to be hit from behind, get out.


• If you do get out, make sure you are watching for oncoming traffic, as the other drivers may not be able to see you fast enough to stop.


• Don't take the risk of trying to push the car off the road if there's a probability you could be struck while doing so.


• Whatever you do, don't stand directly behind or in front of the car. What will happen is you will end up potentially blocking your lights and reflectors, putting you at high risk for injury.


• Use a cell phone to call for help from a safe location - whether that is in your vehicle or well out of the way of oncoming traffic.

Continue reading "Knoxville Crash Involving 4 Cars Began With Disabled Vehicle" »

Knoxville traffic collisions are expected to be on the upswing over the next few weeks, due to a tumultuous mix of intermittent rain and snowstorms throughout the region.

Our Knoxville injury lawyers understand the roads have been slick, slippery, icy and snow-laden - causing major traffic jams, a flurry of accidents and a request by authorities to stay home when the roads warrant it.

At one point, Knox County dispatchers were so overwhelmed with injuries caused by car accidents, they asked drivers involved in non-injury accidents to trade numbers and report those crashes to police once the weather had cleared.

The conditions were so bad that the local Knoxville Area Transit was only running limited snow routes, entirely bypassing streets that weren't deemed safe for travel.

Parents of schoolchildren throughout Knox County flooded local news sites and police substations with concerns that their children had left school at 2:30 p.m., yet had not made it home two hours later. As it turned out, at least one school bus got stuck in the snow. Thankfully, no injuries were reported.

Weather forecasts are predicting "a little bit of everything" before the week is out - snow, wind, rain, thunderstorms - mixed with a bit of sunshine here and there.

At the same time, a huge swath of U.S. 441, also known as the Newfound Gap Road, on the North Carolina side of the Great Smoky Mountains National Park - has completely disappeared, having been swept away by recent flooding amid record rains. In fact, it's about 50 feet deep and the size of a football field. No word yet on how long repairs are going to take.

Meanwhile, a rock slide on Alcoa Highway has shut down that road indefinitely as well. Rock slides are more common when there are dramatic temperature changes, accompanied by increased precipitation.

A spokesman for the Tennessee Department of Transportation had one word for the weather of late: "Interesting."

The fact is, motorists are going to have to be prepared for anything. The National Highway Safety Administration offers the following advice to help you in unpredictable weather:

• Get your car serviced. Have it checked for bad worn hoses, leaks or any other replacements or repairs.


• Check your battery. When the temperature drops, your battery power does as well. It can be tougher to get your vehicle to start if the weather is below freezing.


• Check your cooling system. When coolant freezes, it expands and it can damage your car's engine block. Make sure you have enough, make sure the kind you have is designed to work in colder temperatures and have a mechanic check it out for leaks.


• Fill your windshield wipers. The fluid can go quickly in just a single snowstorm. This could prove fatal if it happens while you're driving. Fill it up, use no-freeze fluid and keep extra in the vehicle, just in case.


• Double check your floor mat. If it isn't correctly installed, it could interfere with your ability to operate the accelerator or brake, leaving you at greater risk of a crash.


• Look over your tires. In optimal conditions, you'd still inspect them about once a month. If there is significant or uneven wear, it's time to get new ones.


• Plan your travel route. Check the road conditions, weather and traffic and plan to leave early if need be so you don't feel pressured to speed and you know your planned route.


• Stock your vehicle. Essentials in winter include snow shovel, ice scraper, abrasive material (sand or kitty litter) for if your car gets stuck in the snow, jumper cables, flashlight, warning devices, blankets, cell phone charger, food, water and necessary medicine.

Continue reading "Rain, Snow on Knoxville Roads Heightens Hazards" »

Last year, the federal government passed a multi-billion dollar initiative known as MAP-21 to improve roadway safety across the country. The act offers grants, tax breaks and matching dollars to those states that pass certain legislative measures aimed at improving roadway safety.

However, our Knoxville accident lawyers have learned that many states - including Tennessee - haven't taken the government up on all of the incentive dollars available. Of more critical importance is that such lack of action is increasing the risks motorists face on the road.

A number of these measures, including graduated driver's license programs, distracted driving prevention and enhancement of drunk driving penalties, have multiple benefits. For starters, laws like these save lives and reduce injuries. This in turn reduces both the actual and societal cost of crashes, including less resources expended by emergency responders, law enforcement and the health care industry. And finally, there is federal funding available to not only cover implementation costs but to exceed them, providing a boon for cash-strapped state governments.

Nationwide, the cost of motor vehicle crashes topped $230 billion last year, according to the Advocates for Highway and Auto Safety, which recently released its "2013 Roadmap of State Highway Safety Laws" annual report. In Tennessee, the costs topped $4.6 billion.

Although our state was given a high "green light" rating for overall road safety improvement laws, there are still numerous areas where we're lacking.

In 2011, there were nearly 950 traffic fatalities in the state. In the last decade, there have been roughly 11,500.

Among the laws that we're lacking, according to the research group, are:

• A GDL program requiring teens be at least 16 to obtain a learner's permit;


• A GDL program requiring restrictions for teens driving at night;


• A GDL program requiring drivers be at least 18 years-old to obtain an unrestricted license;


• An Ignition Interlock program for all DUI offenders, not just repeat offenders;


• A law requiring mandatory BAC testing for drivers involved in fatal crashes;


• A law banning open alcoholic beverage containers in vehicles.

Tennessee is not alone in its lack of protection for teen drivers. In fact, only 12 states and D.C. have a "green light" rating for teen driving laws, though no state has yet adopted all of the optimal GDL recommendations.

In Tennessee, traffic fatalities from 2006 through 2011 involving a driver between the ages of 15 and 20 topped 1,120. GDL programs allow teens to gradually learn important driving skills in phases, and have proven effective in reducing teen crashes and deaths.

The federal government offers grants for implementation of such laws, provided they include a learner's permit stage lasting six months, during which time drivers are barred from cell phone use behind the wheel. There must also be an intermediate stage that lasts until the driver is 18, during which passengers are limited to one non-family member under the age of 21. Nighttime driving is also restricted.

With regard to impaired driving, Tennessee is the only state in the country to receive the lowest "red light" rating. In 2011, more than 30 percent of all traffic fatalities involved alcohol, with nearly 10,000 people killed as a result.

Incentives to enact drunk driving legislation include money for high visibility enforcement campaigns, interlock ignition programs, improved BAC testing, DUI courts and judicial training programs.

Continue reading "Tennessee Traffic Accident Prevention -- Tougher Laws Needed" »

If you are having sleep problems, you aren't alone. In fact, according to new data from Money News, there are as many as 70 million Americans who have insomnia, sleep apnea or other issues that make it impossible to get a good night sleep.

Unfortunately, all of these tired Americans could be putting themselves in danger. Getting an insufficient amount of sleep contributes to obesity, high blood pressure and other physical ailments. Of more immediate concern, however, is grave dangers of drowsy driving.

If you are one of those Americans who is facing sleep struggles, it is very important that you understand just how dangerous drowsy driving can be. Our Knoxville injury attorneys understand fatigue is often an undetected factor in serious or fatal traffic collisions. When we are tired, we simply don't react quickly to dangers on the road. A new study shows just how widespread the risks are and is cause for concern for every driver.

Are Sleep Disorders on the Rise?
Money News reported that around 70 million Americans are suffering from sleep issues; it also indicated that many of those who have sleep problems are trying to get the help they need.

In fact, so many Americans have sought help that the American Academy of Sleep Medicine announced in December that they'd accredited their 2,500th sleep center. With this new accreditation, the number of sleep centers has significantly increased since the Academy started accreditation in 1977. In just the last ten years alone, the number of sleep centers has doubled.

While it could be seen as good news that more sleep centers mean more people are getting help with their sleep problems, the increase in demand for medical services related to sleep problems can also serve as an indicator that the problem of sleep interruption is becoming more widespread.

Why Are More Tired People a Problem?
Anyone who has trouble sleeping, including those working to overcome their sleep disorder, need to be aware that their fatigue can have consequences. If a drowsy person gets behind the wheel, this increases the chance of an accident significantly since the driver may be likely to nod off. A fatigued driver will also be less capable of thinking clearly or reacting quickly in an accident. The dangers of drowsy driving are so significant that drowsy driving may be just as serious as drunk or impaired driving.

Unfortunately, a new study conducted by the Centers for Disease Control (CDC) and Prevention discussed in the New York Times indicates that many people are engaging in this dangerous behavior. The study was conducted across 19 states and D.C. and involved asking 147,000 people to complete detailed questionnaires. According to the data collected:

• More than 5 percent of younger drivers (ages 18-44) said they'd fallen asleep while they were driving in the past month preceding the survey.


• 1.7 percent of drivers 65 or older said they'd fall asleep in the preceding month before the survey.


• 4.2 percent of all drivers surveyed reported falling asleep at least one time while driving in the month prior to being surveyed.

With so many people falling asleep, it is easy to see why there were 730 deadly crashes in 2009 that involved a fatigued driver. Unfortunately, with more people than ever before facing sleep problems, the number of drowsy drivers -- and of drowsy driving deaths -- may only continue to increase.

Continue reading "Increase in Sleep Problems Exacerbates Drowsy Driving Dangers" »

Auto accidents happen every day in the state of Tennessee. Unfortunately, a huge number of these crashes happen because drivers are careless, aggressive or irresponsible in the decisions they make behind the wheel.

Our Knoxville personal injury attorneys believe that if everyone made a commitment to driving just a little bit more carefully, thousands of lives could be saved. As such, we encourage every driver to make an important New Years Resolution in 2013. We urge you to resolve that this year you'll stop dangerous driving behaviors and make an extra effort to be safe behind the wheel.

The Tennessee Department of Safety Office of Records and Statistical Management keeps track of car accident data. In 2008, they released a comprehensive report on Traffic Crashes in Tennessee by Driver Actions and County. This report took a look at the top driver-related factors that led to crashes between 2003 and 2007. Using this report, we've identified some of the most dangerous driving behaviors that you should resolve to avoid in 2013.

Dangers Driving Behaviors to Avoid in 2013
According to the crash data from 2003 to 2007:

• A failure to yield the right-of-way was a contributing cause of 169,636 traffic accidents. To avoid these types of crashes, make a resolution to always come to a complete stop at a stop sign or at a red light intersection. Resolve to look carefully at the intersection before entering and not to cut other drivers off or try to make a quick turn when you aren't certain of the other car's speed. We pass dozens of intersections each day with indifference. The truth of the matter is that these are the most dangerous locations on the road.


• A failure to stay in the proper lane or running off the road was a driver-related contributing factor in 157,321 traffic crashes. Failure to remain in your lane can occur for a lot of reasons, from speeding and losing control of the car to not paying attention to the road, to inclement weather conditions. Resolve to always paying careful attention and driving at a safe speed for road conditions.


• Following improperly was a factor in 151,765 accidents. This refers to tailgating or following too closely behind the car in front of you. To avoid accidents caused by following improperly, resolve to leave a safe distance between your car and the vehicle in front. Usually, three to four seconds is a safe distance, which means when the car in front of you passes a fixed object, you shouldn't pass that same object until at least three to four seconds have passed. This will give you plenty of time to stop and avoid a crash.


• Driver inattention was a contributing factor in 52,707 crashes. To avoid these types of accidents, make a resolution to always pay careful attention to the road. Don't use your cell phone, definitely don't text, don't enter info into a GPS when driving and don't do other things that cause you to take your eyes off of the road.

These are some of the most dangerous driving behaviors that lead to a high number of crashes. You should resolve not only to avoid these behaviors but also to exercise reasonable caution and care and to obey all safe driving rules in 2013. By making, and keeping, this resolution, you can do your part to keep yourself safe on the road.

Continue reading "Tennessee Traffic Safety: Resolve to Be a Safer Driver in 2013" »

The Tennessee Department of Transportation has a pamphlet on its website called Decisions for Tennessee's Senior Drivers. The purpose of the pamphlet is to help seniors (and their families) make an informed choice about whether the senior is still capable of driving.

This pamphlet is published because Tennessee recognizes that seniors may at some point lose their ability to drive safely. The fact that senior drivers do become a potential hazard is a cause for concern, and this issue will become a very important one as baby boomers age and the make-up of the driving population changes.

Our Knoxville injury attorneys believe that understanding the impact of an aging population on the roadways is very important. While one recent status report published by the Insurance Institute for Highway Safety indicates that the aging population may not present the increased accident risk that everyone feared, it remains important for every family to keep an eye on the behavior of aging loved ones in their lives.

IIHS Data and the Changing Driving Mix
According to IIHS, there is a coming increase in the number of potentially eligible drivers (those in the U.S. over aged 15). From 2010 to 2030, the number of people who can drive legally in the U.S. is expected to increase by almost a fifth.

Despite this increase, the number of drivers within the majority of age groups will be declining. Data is kept on the number of drivers within each five-year age group (i.e. 15-19 year olds; 20-24 year olds and so on). In upcoming years, the number of potential drivers in each of these different five-year age groups will be declining (so the number of 15-19 year olds will go down; the number of 20-24 year olds will go down, etc.).

This decline, however, does not apply to those five-year age groups over age 65 (i.e. 65-69 year olds; 69-71 year olds, etc.). This means that those in the 65+ age groups are going to represent a larger percentage of the driving population.

This changing mix of drivers matters because, historically, those over age 70 had a higher rate of fatal crashes per mile driven than those under age 70. Further, although teen drivers ages 15-19 had the most insurance claims of any group, the number of claims declines from 19 straight through until age 65, when the number of claims starts to increase again. More older drivers, therefore, may mean more injuries, insurance claims and traffic deaths.

IIHS data, however, indicates that this may not be the case. The institute reports, for example, that there has been a 30 percent decrease in the rate of fatal auto accidents involving those ages 70+ during the years 1997 to 2008. Further, they report that data shows that the number of claims per 100 miles driven is going to remain largely steady. This number is expected to stay between 6.12 claims/hundred insured cars to 6.16 claims/100 insured cars. The slight increase, they say, is attributed to the fact that there are more drivers in general, not just more older drivers.

Keep Your Family Safe
While the aggregate data may show no increased risk of a driving population that continues to age, this is just one study. Seniors should be realistic about when they can no longer drive. And families should be watchful in case a senior doesn't recognize that he/she is no longer capable of operating a vehicle in a safely.

Continue reading "Tennessee Accident Risks to Increase with Retiring Wave of Boomers?" »

On December 5, 2012, the Director of the Tennessee Governor's Highway Safety Office joined state and local law enforcement in an event honoring the memories of those who lost their lives to drunk driving in the state. HobNob Franklin reported on this event, which was part of law enforcement's efforts to curb drinking and driving over the holidays.

Unfortunately, drinking and driving is rampant over the year-end holiday period, with Auto Guide reporting that New Year's is the worst day of the year for drunk driving accidents. Our Knoxville personal injury attorneys urge every driver to remember how dangerous drunk driving is and to make sure to stay safe and sober on New Year's and every other day of the year.

Drunk Driving a Holiday Risk in Tennessee
According to Mothers Against Drunk Driving, 257 people were killed in accidents involving an intoxicated driver in Tennessee in 2011. While these 257 deaths occurred throughout the year, New Year's is an especially dangerous day due to the large volumes of people on the road and the large number of those who choose to drive drunk. In fact, according to Auto Guide, nearly half of the drivers involved in fatal New Year's crashes were intoxicated at the time.

Tennessee law enforcement is trying to cut down on the number of drunk driving accidents and injuries or deaths that occur over the holidays. The press conference to honor those killed by drunk drivers was just the beginning of their efforts. The Governors Highway Safety Administration, as part of their Drive Sober or Get Pulled Over campaign, has also announced that there will be increased patrols as well as increased public safety announcements warning of the dangers of holiday drunk driving.

Stay Safe and Stay Sober
Getting pulled over for drunk driving would be bad news, but getting into an accident and hurting someone would be even worse. To avoid both fates and to make sure you have a safe holiday:

• Either avoid drinking at your celebration or take a designated driver with you.


• Consider alcohol-free celebration events where you won't have to worry about driving drunk.


• Have money for a cab and a phone number to call one in case you get stuck without a ride.


• Watch your friends for signs they might be drunk and make sure they don't drive.

Parents of teenagers also need to take special steps to make sure their kids don't drink and drive. Drive On recently published an article indicating that one in ten teens responding to a survey had driven while under the influence the prior New Year's Eve. Be sure you check where your kids are going to be, confirm that they'll be supervised, and offer to drive them yourself so they don't get into a car with someone who is drunk.

Continue reading "Knoxville Injury Attorneys Urge a Safe New Year" »