Tennessee Injury Attorney Blog

When you are involved in a Tennessee trucking accident it is important to have an experienced personal injury attorney to guide you in the settlement and trial process. A veteran Knoxville injury attorney can help you identify the parties that are at fault or those who are acting negligently. And most importantly can help you deal with insurance companies focused on limiting your claim and protecting their bottom line.

Rhodes v. AIG is a case that illustrates the deceptive practices of insurance companies. The issue addressed here is how to manage damages where the defendant insurance company is engaged in willful and knowing unfair settlement practices.

Rhodes was the driver of a passenger vehicle when the defendant Carl Zalewski, who was negligently driving an eighteen wheel truck, hit plaintiff in the rear of her car. While Zalewski was driving this truck, he was acting within his job duties as a driver for Driver Logistic Services (DLS). DLS had their primary insurance with Zurich and their excess policy with National Union Fire Insurance Company ("National Union"). Their coverage was $2 million and $50 million respectively.

Excess insurance coverage is used by large companies to shield themselves from the risks and liabilities of these highly dangerous accidents involving trucks.

Upon the impact to the plaintiff's vehicle, Rhodes suffered a fractured spine leading her to become paraplegic. Plaintiff spent several months in the hospital after spinal fusion surgery. She also suffered from several other health issues because of this injury to her spine.

Through this case it is seen how tragic the injuries can be in trucking accident cases. This plaintiff, who was not at fault, will spend the rest of her life in a wheelchair. Also, her family suffered and will continue to suffer greatly because of the injuries Rhodes sustained.

The court in this case was charged with interpreting their state statute in determining how to establish a punitive damages award in the instance where one party fails to promptly, fairly and equitably negotiate settlement with the plaintiff. The Georgia Statute does not require insurance companies to settle with plaintiffs, but what is required is that the insurance companies act promptly and reasonably when the negotiations are taking place.

In order to find the defendant's guilty of this, the court said that the plaintiff had to prove that the breaching party willfully and knowingly participated in these unfair settlement practices. Plaintiff alleges that both of the insurance companies involved were participating in this behavior, which was therefore a violation of the statute at issue.

Five months after the plaintiff filed a lawsuit against the two insurance companies, plaintiff settled with National Union, the excess insurance carrier, through their claims administrators at AIG.

Although the plaintiff settled with one of the parties, the case continued to the superior court where the court heard the case. They found that the primary insurance company did not violate the statute because it did not infringe on the integrity of the settlement process. The court went on to explain that the issue of whether National Union or their claim administrators at AIG violated the statute was irrelevant because even if the plaintiff proved that those parties were engaging in this behavior, she would be barred from collecting damages from them two times.

What the court did explain was that the state statute that is controlling in deciding punitive damages associated with unfair settlement practices, awards damages where the plaintiff is able to prove that there is a link between their injuries and the unfair practices she is contending. If the plaintiff is able to prove this, the court held that the statute indicates the plaintiff's award for punitive damages is two times the award plaintiff received in the original suit.

The application of the law to the facts in this case would have led the plaintiff to receive an exorbitant amount of money. Although the court was very sympathetic to plaintiff's injuries, they do contend that they do not necessarily agree with doubling the original damages award as punishment for unfair settlement practices.

Rhodes is a case that warns the legislatures to make sure that the statutes that are used in determining damages, provide for an equitable award.

Had the attorney in this case warned her client not to settle, the client would have received an additional $22 million dollars.

You need the right attorney to help you navigate through all the law to get you the award you are entitled to.

Continue reading "Tennessee Trucking Accident Watch: Unfair Insurance Company Settlement Practices in Rhodes v. AIG " »

Trucking accidents in Knoxville and across the country are part of the reason more teenagers are losing their lives behind the wheel.

A new report released by the Governors Highway Safety Association indicates that for the first time in 8 years, teen driver deaths overall were increasing. For the first six months of last year compared to the first six months of 2010, there was an 11 percent increase in the number of teen drivers killed nationwide. That includes statistics analyzed from all 50 states, as well as Washington D.C.

While our Knoxville trucking accident attorneys understand the report doesn't specifically break down how many of those were due to accidents involving big rigs, based on previous research, it is safe to say crashes with large trucks were at least partially to blame.

In fact, the National Highway Safety Association reported that between 1975 and 2005, more than 7 percent of all those killed in large trucking accidents were aged 17 and under. Drivers aged 18 to 25 accounted for 17 percent of all trucking accident fatalities - a larger portion than any other age group.

The new report from the governor's association found that in a state-by-state examination of teen fatalities, driver fatalities for 16-year-olds increased by 16 percent, while driver fatalities for 17-year-olds is up by 17 percent. Overall, 19 states (including Tennessee) reported some decrease in fatalities, while 23 states reported a marked increase. Some states, including Florida, North Carolina and Texas, reported a skyrocketing increase.

Researchers pointed to the fact that the benefits of graduated driver's license programs, such as the one implemented in Tennessee in 2001, are beginning to level off.

While many fatal trucking accidents in Knoxville involve truck driver error (most commonly, failure to maintain proper lanes, speeding or distracted driving), it pays for teens to be educated in how to maneuver around these large vehicles.

The fact is that when a passenger vehicle is involved in a wreck with a big rig, there is an increased chance that the injuries will be more severe or result in death.

This underscores how critical it is for parents to have some discussion with their teen about how to drive safely around large trucks, as they don't operate under the same laws of physics as passenger vehicles.

The Geico Educational Foundation, an arm of the car insurance company, recently released an easy-to-read brochure that breaks down some of the ways teens can be sure to avoid a Knoxville trucking accident.

The brochure first goes over the basics of any safe driver: Don't speed, drive aggressively or allow yourself to be distracted by your friends or cell phone.

Secondly, it urges teens to avoid the trucker's blind spots. These cover pretty wide swaths of roadway around the truck, but the best rule to follow is to make sure you can see the trucker's mirrors. If you can't, the trucker can't see you.

Thirdly, if you plan to pass a large truck, make sure you can see the front of the rig in your rear view. Don't ever flash your brights at a trucker to signal that you plan to change lanes. This can be very confusing, as it sometimes signals a police cruiser is up ahead. Either way, simply use your turn signal.

Finally, don't stop suddenly in front of a trucker or swerve abruptly in front of him or her. Truck drivers aren't able to slow or stop as quickly as someone in an SUV or passenger car. It's better to give yourself plenty of space so this won't be an issue.

Continue reading "Knoxville Trucking Accidents Partially Blamed in Rising Teen Deaths" »

Drivers across the country would no longer be legally able to talk, text or surf the web on a cell phone if the National Transportation Safety Board (NTSB) gets its way, according to KnoxNews. The Board made a recommendation this month to get local, state and federal officials to prohibit the use of portable electronic devices for all drivers.

The recommendation comes after a recent meeting in which federal officials discussed the dangers of drivers' bad habits. The meeting covered the catastrophic traffic accident that happened in 2010 in Gray Summit, Missouri, in which a distracted driver allegedly killed two people and injured dozens more. In Missouri, drivers under the age of 21 are prohibited from texting while driving, according to the Governors Highway Safety Association (GHSA). All other drivers are free to do as they wish behind the wheel. That's the problem with current laws. Most states prohibit drivers from texting, but not from talking on a cell phone. It's difficult for officials to determine if a driver is using a phone to call someone or typing a text message. A federal ban on all devices would help officials to bust drivers, and could help reduce the risks of distraction-related car accidents in Knoxville and elsewhere.

Our Knoxville car accident attorneys understand that NTSB doesn't have the authority to enact such a law, but its recommendations typically have a significant influence on laws that are passed by state, local and federal lawmakers. If this proposal were to become law, there would be a few exceptions. For instance, devices used to aid driver safety would be permitted, as well as during emergency situations.

"States aren't ready to support a total ban yet, but this may start the discussion," said Jonathan Adkins, a spokesman for the GHSA.

Currently, there are 35 states that do not allow drivers to text at the wheel. Another nine states don't allow drivers to talk on a cell phone while driving. In these states, enforcement of these laws has not appeared to be a top priority.

"Needless lives are lost on our highways, and for what? Convenience? Death isn't convenient," said Deborah Hersman with the NTSB. "So we can stay more connected? A fatal accident severs that connection."

According to the National Safety Council (NSC), more than a million traffic accidents are caused by drivers who are distracted by cell phones every year. These accidents account for more than 20 percent of all recorded accidents.

Because of these alarming statistics, the NSC says it completely backs the NTSB and its decision to push for a nationwide ban on all electronic devices for drivers.

"This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation's roadways," said Janet Froetscher with the NSC.

Continue reading "NTSB Pushes for Nationwide Ban on Cell Phone Use to Help Curb Car Accidents in Knoxville, Nation" »

The southbound lanes of Interstate 71 near mile-marker 16 at the Hamilton-Bradley county line finally reopened after being closed most of Thursday morning because of a fatal trucking accident in Tennessee.

According to the Tennessee Highway Patrol, a pickup truck ran head-on into a tractor-trailer around 4:00 am. The driver of the pickup truck was ejected from the vehicle and was pronounced dead at the scene while the driver of the big rig suffered no injuries, according to NBC 3.

Our Knoxville trucking accident attorneys understand that this accident contributed to the sixth traffic-accident fatality in Bradley County in the last five weeks. County officials continue to investigate all of the accidents. Most of the people who were killed in the recent accidents were under the age of 30. The Bradley County Sheriff's Office, Bradley County Fire Rescue and Bradley County Emergency Medical Service all assisted with the most recent accident.

It's no surprise that accidents with semis oftentimes produce fatal results. Their large size and tremendous weight overpowers every vehicle on our roadways. Along with their size come large blind spots. It is in these large blind spots that many motorists get lost and forgotten. When a tractor-trailer driver is unable to see a passenger vehicle, the result is oftentimes catastrophic.

Another common problem that leads to fatal accidents that involve semis and tractor-trailers is when they attempt to negotiate a right-hand turn. When a truck does this, the driver of the big rig is required to swing the truck far to the left just in order to make the right-hand turn. This wide swing can leave a smaller vehicle in a tight squeeze between the truck and a curb.

Semis and tractor-trailers also need a greater stopping distance than smaller passenger-vehicles. It is not uncommon for a large truck to rear-end a passenger vehicle simply because of a lack of stopping distance. All of these scenarios can quickly turn deadly.

According to 2007 national truck accident records:

-More than 4,584 trucks involved in fatal accidents.

-More than 4,800 deaths resulted from accidents that involved a semi.

-Nearly 140,000 commercial trucks were involved in non-fatal accidents.

-Nearly 57,000 semis were involved in injury collisions.

-More than 3,900 injuries resulted in accidents involving commercial trucks.

-Approximately 83,100 trucks were involved in tow away accidents.

-There were nearly 2,250 large trucks involved in Hazmat placard accidents.

"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said U.S. Transportation Secretary Ray LaHood.

Motorists who are involved in traffic accidents with tractor-trailers and are severely injured can unfortunately expect to look forward to overwhelming medical bills, lost time from work, pain and suffering. Contacting an experienced lawyer can help you to determine fault in the accident and help you take on the driver and quite possibly the trucking company to get you the compensation you deserve.

Continue reading "Early Morning Tennessee Trucking Accident Shuts Down I-75" »

A trucking accident in Tennessee in Blount County, on "The Dragon," turned deadly earlier this week. The fatal accident happened on Highway 129, near the North Carolina state line, according to WBIR 10.

The accident happened when the tractor-trailer, traveling near mile marker 5, crossed over the center line while taking a curve, according to the Tennessee Highway Patrol. The motorcycle and the driver slid under the truck and were run over by its wheels. Officials took the rider to Blount Memorial. Officials say that the motorcyclist was alive and talking at the scene of the accident, but he later died on his way to the hospital. Charges for the incident are pending.

Our Knoxville trucking accident attorneys often emphasize the dangers of traffic accidents that involve a tractor-trailer. Occupants of smaller vehicles are more likely to sustain serious injuries, if not death, during an accident with a big rig. But add a motorcycle in the mix and there's bound to be catastrophic results. Motorists are urged to use extra caution around these large vehicles to help prevent a serious accident.

According to the National Highway Traffic Safety Administration (NHTSA), there were roughly 380,000 large trucks involved in traffic accidents in the United States in 2008. A large truck is defined as a vehicle having a gross vehicle weight rating of 10,000 pounds or more. More than 4,000 trucks were involved in deadly accidents during that same year. A total of 4,229 people were killed in these accidents, accounting for more than 10 percent of all of the traffic fatalities reported in 2008. Another 90,000 were injured in these accidents. In 2008, Tennessee witnessed nearly 100 fatal trucking accidents.

Also in 2008, the United States witnessed nearly 5,500 motorcyclist deaths. This is a number that illustrates a 2 percent increase from the previous year. They accounted for 14 percent of the total number of traffic fatalities for that year. In 2008, 14 percent of fatal motorcycle accidents involved light trucks. Another 4 percent of fatal motorcycle accidents involved a heavy truck. That same year counted for the 11th consecutive year that there has been an increase in motorcycle accident deaths.

The NHTSA offers these safety tips to help keep motorcyclists safe when traveling among large trucks:

-Do not tailgate.

-Don't linger in front of a large truck.

-Avoid riding between lanes of slow moving or stopped traffic.

-Know and obey traffic all laws, including specific ordinances in your community.

-Use signals when appropriate.

-Remember to always drive defensively.

-Check your rear view mirrors before changing lanes or stopping. Making a quick stop without checking the traffic behind you can result in a rear-end crash.

-Make sure you can always see the eyes of a truck driver. If you can't see them, they're unable to see you.

-Don't travel next to a truck. Play it safe and pass when needed. Don't linger.

-Don't pass a truck taking a turn. They typically swing wide turns.

Continue reading "Motorcyclist Run Over and Killed in Tennessee Trucking Accident" »

The Federal Motor Carrier Safety Administration (FMCSA) might be taking jurisdiction over shippers, receivers and brokers who 'unduly detain' drivers if the Motor Carrier Safety Advisory Committee (MCSAC) gets its way. Recently, FMCSA Administrator Anne Ferro received a letter from David Parker, chairman of the MCSAC, that said that the agency should seek legal authority to be able to take action against and reprimand entities other than motor carriers or drivers that cause or contribute to FMCSA safety violations.

This includes regulating the amount of time that a driver can be detained during the loading and unloading of trailers.

Parker also said in his letter that while the FMCSA has authority over drivers and carriers, they need to have more authority over shippers who play an important role in highway safety and significantly contribute to drowsy drivers. He recommends that the FMCSA looks into putting a cap on the amount of time that a shipper can detain a driver in an attempt to reduce the risks trucking accidents in Tennessee and elsewhere throughout the state.

Our Tennessee trucking accident attorneys would also like to point a specific section of that letter than mentions HR 756, a bill sponsored by Rep. Peter DeFazio, D-Ore., which would essentially cut down on the number of hours a shipper can detain a driver. Previously, trucking rules pertained to the number of hours a driver could spend behind the wheel. Now concerns are spreading around to all contributors to fatigued driving, especially detained drivers.

The bill is currently in the House subcommittee on Highways and Transit, according to Truckinginfo.com.

The issue was brought to light after a study, conducted by the Government Accountability Office (GAO), concluded that 65 percent of the 300 surveyed drivers reported detention in a one-month period. Of those that reported detention, approximately 80 percent said that they had difficulty complying with hours of service.

According to FMCSA, undue detention costs the industry approximately $3 billion each year. The MCSAC recommend that the FMCSA conduct some of their own studies into the dangerous issue to supplement the GAO research.

Parker also suggested that FMCSA create a complaint line drivers can use when they're being unduly detained. This way they could seek action against detaining parties that place drivers in violation of HOS rules. He also recommends that they develop a 'Truck Driver's Bill of Rights.' He says that the bill of rights should include detention compensation for drivers, like roadside amenities and access to showers and food.

Todd Spencer, executive vice president of the Owner-Operator Independent Driver's Association says that driver detention is the number one productivity and efficiency problem in trucking. The Association says that drivers continue to spend far too many hours each week on loading docks and something needs to be done.

Continue reading "FMCSA to Take Jurisdiction over Shippers to Reduce Drowsy Driving Trucking Accidents in Tennessee and Elsewhere" »

This past weekend, a Brownsville man was killed in a trucking accident in Tennessee. The man was pulled over on the side of the road near Interstate 40 near mile marker 66 and was standing outside of his vehicle when he was struck by a passing tractor-trailer, according to the Jackson Sun.

Tennessee Highway Patrol reports that the man was standing outside of his parked car in the right side emergency lane on the interstate with his flashers on when the accident happened. The driver of the tractor-trailer, which was headed eastbound, was traveling in the right lane when he struck the disabled vehicle and the vehicle's owner. The man standing on the side of the road was killed in the collision. Neither of the tractor-trailer's occupants were injured in the accident.

The frequency of these types of accidents is appalling. Our Tennessee trucking accident attorneys would like to warn all motorists about the dangers accompanying a disabled vehicle. You may think you're safe once you've exited the lane of traffic and you're pulled over on the side of the road, but you'd be wrong. This is actually a common scenario for fatal highway accidents.

Charges are pending on a driver that was involved in another incident that happened the same way. One person was killed in this accident and another was severely injured.

This accident happened as three people were walking along the side of the road after their vehicle ran out of gas on Interstate 40 near the Pellissippi Parkway, according to NBC 10. As the three were walking, a truck ran onto the shoulder of the road and struck two of the three walkers.

One of the victims died at the scene, one was taken to Parkwest Hospital for treatment and the third was not hit or injured. The driver of that truck is facing charges because he left the scene of the accident. He was later located and picked up a short time after on Walker Springs Road.

What to do if you're vehicle becomes disabled:

-Always keep a cell phone with you so that you can contact the correct authorities right away if your car becomes disabled.

-Pull on the shoulder as far as you can.

-Don't let your passengers wander near cars on the roadway.

-To warn other motorists turn on your hazard lights.

-Do not stand near your vehicle next to the traffic. Always keep to the opposite side.

-In most cases it is best policy to keep everyone in the vehicle and wearing seat belts.

-Tying a white cloth or t-shirt to your driver side door handle can help alert other drivers.

-Prepare a road safety kit to keep in your car at all times. The kit should include a torch, a reflective triangle, road safety signs, a traffic cone, a cell phone, jumper cables, a tow rope, a portable air compressor, a raincoat and a first aid kit.

Continue reading "Stranded Motorist Killed by Tractor-Trailer in Tennessee Trucking Accident" »

Federal authorities have begun a compliance review of the Tennessee trucking company that employed a trucker blamed in a fiery crash that claimed three lives, the News & Observer reported. The driver faces charges of driving while impaired and felony death by vehicle. The Greeneville trucking company that employed him has 10 tractor-trailers and employs 10 drivers.

The Federal Motor Carrier Safety Administration has announced that more unsafe bus and trucking companies have been placed out of service in the last 24 months than in the previous 10 years combined.

Knoxville trucking accident attorneys understand the risk posed by unsafe trucks and buses. The National Highway Traffic Safety Administration reports 380,000 accidents involving large trucks claimed more than 4,000 lives in 2008 and injured 90,000 motorists. Tennessee trucking accidents claimed 92 lives that year.

The government is patting itself on the back for enforcement efforts but the truth of the matter is that the feds have been slow to require basic safety improvements, such as on-board data recorders and speed limiters, and even expanded the hours a trucker is permitted to remain behind the wheel. The issue is among the most critical facing motorists because about three-quarters of accident victims in accidents with large trucks are occupants of the other vehicle or non-occupants, such as bicyclists or pedestrians.

"From Day One, I have pledged to put public safety above all else, and we will continue to take action when we see carriers placing passengers at risk," said U.S Transportation Secretary Ray LaHood. "We have seen the tragic consequences of unsafe practices - whether it's ignoring fatigue regulations, providing inadequate driver training, or failing to conduct the proper maintenance of a bus or motorcoach. We continue using all of the tools at our disposal to get unsafe carriers off the road and hope that Congress will act on our proposal to provide us with the necessary authority to expand our safety oversight."

The eight out-of-service orders issued in the past four months includes one to a Tennessee based truck driver. Others went to bus companies in Georgia, Pennsylvania, Michigan, Mississippi and North Carolina.

"I'm proud of FMCSA's efforts to crack down and take action on unsafe interstate bus and trucking companies," said FMCSA Administrator Anne S. Ferro. "Our safety investigators, inspectors and state partners will continue demanding that motor carriers and their drivers adhere to safety requirements. While most of the industry operates safely, I also look forward to working with Congress to add new tools to prevent unsafe companies and drivers from operating."

Under the Obama Administration, roadside inspections of bus companies have nearly doubled, from 12,991 in 2005 to 25,703 last year. In May, the administration conducted 3,000 surprise inspections and took 442 unsafe buses and drivers off the road. That blitz came in the wake of a New York City bus accident that claimed 14 lives.

The Department of Transportation is also asking Congress to increase the penalty for illegal operation from $2,000 a day to $25,000 per violation.

Continue reading "Feds Tout Enforcement in Reduction of Tennessee Trucking Accidents" »

A Tennessee trucking accident left a tractor-trailer on its side on Highway 25-E just south of Springdale BP, according to the Claiborne Progress. The accident happened when the load shifted as the truck was heading around a curve and caused it to topple over on its side. The accident took out about 200 feet of guardrail and left debris scattered across the road.

The Springdale Volunteer Fire Department, Claiborne County Sheriff's Office, Tennessee Highway Patrol and Claiborne County EMS responded to the trucking accident. Authorities remained on scene for several hours. The tractor-trailer had to be towed off scene and debris cleared from the roadways. The driver only received minor injuries.

Our Tennessee trucking accident attorneys understand that the number of traffic accidents typically increases through the summer months. Thankfully, no one was seriously injured in this accident, but as travel on our roadway drastically increases, so will the number of serious trucking accidents. A motorist's most dangerous time to be traveling on our roadway may be when they're driving alongside large trucks. It doesn't matter if you're driving a car, truck, SUV, RV, riding your bike or walking, you are more likely to suffer severe injury if you are involved in a traffic accident with a tractor-trailer in Tennessee. During these types of accidents, occupants of a passenger vehicle sustain nearly 80 percent of fatalities.

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration is all about keeping you safe this summer! Through their Share the Road Safely program, the Administration aims to increase the knowledge of drivers to help reduce their risks of being involved in a car or trucking accident in Tennessee.

Sharing the road with these large vehicles can be dangerous. Here are a few tips to help you to drive safer:

-Don't cut them off. Trucks and buses typically take much longer to stop in comparison to cars. If you do pass a large truck, look for the front of the truck in your rear-view mirror before you pull in front of the truck.

-Always wear your seat belt. Seat belts have been proven to protect vehicle occupants in the event of an accident, especially in accidents with large trucks. A seat belt will keep you from hitting the steering wheel or windshield, being thrown around and from being ejected from the car upon impact.

-Stay out of blind spots! Large trucks have large blind spots. These are zones that surround the vehicle in which the driver cannot see you, or your vehicle. If you can't see the driver in the truck's mirror, the truck driver can't see you.

-Keep your eyes, and your mind, on the road. Refrain from engaging in distracting driving habits. A split second can mean the difference between a safe car trip and a deadly accident.

-Don't squeeze in. Be careful of trucks making they're right turns. Trucks needs to take wider turns than passenger vehicles. If you try to get in between the truck and the curb when they're making a turn, you'll be caught in a "squeeze" and can suffer a serious accident.

According to the National Highway Traffic Safety Administration, one in nine traffic accident deaths involved a truck in 2008. During that year, 380,000 trucks were involved in traffic accidents on our roadways. These accidents resulted in nearly 4,500 deaths and 90,000 injuries.

Continue reading "Tennessee Trucking Accident Illustrates Summer Dangers" »

A Tennessee truck driver was involved in a fatal accident that killed three motorists last week. He was reported, by Durham State Troopers, to have been under the influence of marijuana and methadone at the time of the accident. Troopers also searched the vehicle and found drugs and drug paraphernalia. The driver is being held on a $500,000 bail and is currently facing charges of driving while impaired and three counts of felony death by vehicle, according to the The Charlotte Observer.

The company that the truck driver worked for, based in East Tennessee, has received a number of violations relating to fatigued drivers and unsafe driving that has resulted in a number of trucking accidents in Tennessee.

Our Tennessee trucking accident attorneys understand that these accidents are not uncommon. As a matter of fact, before this accident, the same truck driver was involved in two serious accidents in 2010. These accidents happened in Kentucky and Tennessee. One involved serious injury.

For reasons like this, the National Highway Traffic Safety Administration (NHTSA) has been looking into accidents that involve truck drivers and the use of drugs. The NHTSA recently released a new report on drug use by drivers involved in some of our county's most fatal crashes. The report illustrates an alarming increase in the level of drug involvement among fatally injured motorists from 2005 to 2009.

According to NHTSA research, more than 60 percent of the 21,798 drivers who were killed in traffic accidents in 2009 were tested for drugs. Of these fatalities, nearly 4,000 tested positive for drugs. The report also concluded that the use of drugs among fatally injured drivers increased 2 percent from 2005 to 2006 and another 2 percent to 2008.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today's report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

The types of drugs recorded include narcotics, depressants, stimulants, hallucinogens, cannabinoids, phencyclidines (PCPs), anabolic steroids and inhalants. The groups include both illicit drugs, legally prescribed drugs and over-the-counter medicines.

"While it's clear that science and state policies regarding drugs and driving are evolving, one fact is indisputable. If you are taking any drugs that might impair your ability to drive safely, then you need to put common sense and caution to the forefront, and give your keys to someone else. It doesn't matter if its drugs or alcohol, if you're impaired, don't drive," Strickland warned.

The NHTSA will continue to conduct research regarding drug use and truck drivers and their impact on traffic accidents. Currently, there are nearly 1,000 instructors and more than 6,000 trained police officers in 46 states that are able to recognize symptoms of driver impairment by drugs other than alcohol.

In Tennessee alone, nearly 100 drivers that were tested for drugs after a fatal traffic accident returned positive results in 2009. Another 250 drivers were tested that did not have test results recorded.

Continue reading "Drivers Using Drugs Increase in Risks of Tennessee Trucking Accidents - NHTSA Investigates" »

Two people were killed in a trucking accident on Interstate 55 last week. One of those killed was a state transportation worker. The Tennessee trucking accident occurred just before r Mississippi River bridge, according to The Wall Street Journal.

The state transportation employee was a HELP truck driver. The accident happened when the driver was helping a stalled vehicle. As the vehicles were stopped, a tractor trailer hit the disabled vehicle and then struck the Tennessee Department of Transportation truck. In addition to the death of the state employee, the driver of the tractor trailer died.

Our Tennessee trucking accident attorneys would like to urge all motorists to travel safely, especially during the upcoming Fourth of July weekend. You may think that truck drivers are well rested and traveling responsibly this weekend, but the truth is they're traveling under even more dangerous conditions than normal -- many pushing to make it home to their families or pushing to make up for lost time. The Federal Motor Carrier Safety Administration (FMCSA) recently made exemptions to the number of the driving hours for 3,000 commercial truck drivers who are hauling FIREWORKS! They're now allowed to be behind the wheel of their commercials trucks for an even longer amount of time.

"FMCSA announces its decision to grant the application for exemption from the American Pyrotechnics Association (APA) on behalf of 9 member motor carriers seeking relief from FMCSA's hours-of-service (HOS) regulation that prohibits driving of commercial motor vehicles (CMV) after the 14th hour after the driver comes on duty," reads the commercial driver exemption.

This is only a temporary exemption, but takes place during some of the most dangerous days on our roadways. This exemption will allow commercial drivers of firework cargo to exceed the driving hour limit from June 28, 2011 through July 8, 2011. It will also be effective next year from June 28, 2012 to July 8, 2012.

According to the National Highway Traffic Safety Administration, there were nearly 380,000 large trucks involved in traffic accidents in the United States in 2008. A large truck is classified as a vehicle having a gross weight rating of more than 10,000 pounds. Of the 380,000 trucks, nearly 5,000 of them were involved in fatal traffic accidents. Deadly trucking accidents contributed to more than 10 percent of all traffic fatalities in 2008. There were another 90,000 people injured in these accidents. During 2008, there were nearly 100 trucks involved in fatal accidents in our state.

Motoristshave no choice but to share the road with these dangerous and deadly big rigs. Here are some safety tips for passenger-vehicle motorists to help preserve your safety on our roadways.

-Be cautious of wind gusts from trucks.

-Keep both hands on the wheel when you pass a truck or a truck passes you.

-Be sure not to tailgate trucks. This is especially important on hills because when they let off the brake, the truck may roll backwards.

-Beware of their blind spots. If you can't see the driver, the driver can't see you.

-Don't speed up when a truck is passing you. Instead, you should stay to the right and slow down a little bit. Let the truck pass you.

-If a truck driver is signaling to change lanes, give them enough space to do so. An average truck changing lanes, at highway speeds, needs an eight second gap or roughly 700 feet to do so.

Continue reading "Sleepy Drivers Increase Risks for Truck Accidents in Tennessee during the Fourth of July Weekend" »

The Tennessee Highway Patrol recently participated, in partnership with the Commercial Vehicle Safety Alliance, in the nation's biggest patrol on commercial vehicles.

Operation Roadcheck 2011 was a 72-hour roadside enforcement project conducted in various areas throughout the United States. This project aimed to enhance bus and truck safety and reduce the risks of bus and truck accidents in Knoxville and elsewhere in North America, according to Clarksville Online.

"It is more important than ever that we place an emphasis on commercial vehicle safety in Tennessee," said Department of Safety and Homeland Security Commissioner Bill Gibbons. "The Tennessee Highway Patrol will do its part to maintain the safety and security of our highways through inspections and roadside checks, but it is also the commercial drivers' responsibility to identify safety defects with their vehicle. Together, we can ensure that all motorists reach their destination safely."

Our Tennessee truck accident lawyers recognize that these large, commercial vehicles often produce more serious injuries and more fatal accidents than accidents between two smaller motor-vehicles. It is the large size and heavy weight of these commercial vehicles that prove to be deadly in accidents. Motorists are urged to travel among these large vehicle with extreme caution.

There were nine inspection stations at weigh stations along our interstates. Law enforcement made random stops in various areas of our highways. They conducted Level I inspections -- the most thorough and comprehensive type of inspection. Officers examined tires, lights, brakes and every other major component on trucks and buses.

During last year's operation, more than 400 commercial vehicles were inspected during the 72-hour crackdown period. Throughout these inspections, more than 25 commercial drivers and nearly 35 vehicles were placed out-of-service. Throughout the entire United States, according to the Commercial Vehicle Safety Alliance, nearly 65,500 commercial vehicles were inspected and nearly 30 percent of drivers received out-of-service violations. Another 26 percent of vehicles received out-of-service violations during that time.

"Operation Roadcheck reinforces the critical role inspector's play in safety and crash prevention on state highways," said THP Colonel Tracy Trott. "It's important to have well-trained drivers who are conscious of their vehicles functionality and abide by the rules of the road, especially with the size, weight and increased numbers of passengers of these vehicles. We will not hesitate to place commercial vehicles or its' drivers out of service to keep our highways safe."

Continue reading "Officials Crack Down on Trucking Accidents in Tennessee and Elsewhere" »

A group of teens recently joined together to raise awareness about trucking accidents in Tennessee and elsewhere throughout the United States.

Teens from around our nation's capital teamed to make summer traveling safer by vowing to be extra cautious near large trucks. They vowed to allow them plenty of room and to avoid driving in their spots. The teens even signed a "No Texting Promise." This truck safety demonstration event was organized by national safety officials and families of distracted driving crash victims, according to the Federal Motor Carrier Safety Administration.

Officials from the U.S. Department of Transportation's Federal Motor Carrier Safety Administration, the National Organizations for Youth Safety and the Commercial Vehicle Safety Alliance also spoke to students about the importance of safe driving around these big trucks. Accidents involving these trucks are often deadly.

Our Knoxville truck accident attorneys know this all too well. These vehicles operate much differently than our passenger vehicles and motorists need to familiarize themselves with these differences. It is important to work around these vehicles and to accommodate their needs to preserve the safety of all motorists.

"We want everyone to be safe, but as newer drivers, teens must adhere to a few simple rules," said Anne Ferro, administrator of the Federal Motor Carrier Safety Administration. "They are: buckle up, don't drink and drive; don't speed, don't text or use your phone, and steer clear of a truck's blind spots."

Drivers 16 to 24 years old have the highest traffic accident death rate in the United States. From 2005 to 2009, almost 4,000 people from that age group were killed in traffic accidents involving large trucks.

The event was held this month because, according to the most recent data from U.S. Department of Transportation's Fatality Analysis Reporting System, the deadliest days for teens on our roads are from May through August. During these months, teens 15 to 19 see about two times more deaths on roadways than any of time during the year. During this time, there's an average of 16 deaths per day on our roadways. This is compared to an average of roughly nine deaths per day the entire year.

"Prom, graduation, and summer are fantastic times for youth to celebrate and enjoy. However, with these fun times come unfortunate tragedies," said Sandy Spavone, president of the National Organizations for Youth Safety (NOYS). "Through education, enforcement, and legislation lives can be saved and injuries prevented."

A fully loaded tractor-trailer needs about twice the distance to stop than a passenger vehicle does. These tractor-trailers also have extremely large blind spots that motorists should avoid.

"Do not expect that having a driver's license is a right that comes without responsibility or risk," said Steve Keppler, executive director of the Commercial Vehicle Safety Alliance. "Be accountable for your actions, spread the word to your friends and parents, and help create a culture of safety. Most importantly, take the driving task seriously. You never know the impact you can have that ultimately could save your life or someone else's."

Continue reading "Teens Unite to Raise Awareness of Trucking Accidents in Tennessee and Elsewhere" »

A runaway truck rolled down a hill, took a fence down and crossed over two interstate ramps before striking a guard rail. The Tennessee trucking accident ended with the truck coming to rest underneath the Interstate 26 underpass last Wednesday evening, according to Volunteer TV.

Tennessee Highway Patrol and police are still investigating what caused the truck to venture off without supervision.

Fortunately, no one was injured in this accident, but that's not usually the case in accidents involving these large tractor-trailers. Our Tennessee truck accident attorneys understand that accidents involving these large trucks oftentimes result in serious injury -- or death. Because of their large size and heavy weight, these vehicles come with a lot of force and power and have the ability to cause a lot of damage.

There's a new program to help the victims of these accidents that involve large trucks. According to USA Today, there's a new national program that will allow emergency responders to get much needed information from seriously injured victims in the event of an accident. This new program is fueled by the growing number of maturing Baby Boomers.

This program is referred to as the Yellow Dot Program. Here's how it works: Participating drivers will place a yellow dot sticker on the rear windshield of their window. This is to notify emergency responders of a folder that is located in the glove box of the vehicle. This folder is to be marked with the same yellow sticker and is to contain vital information including medical conditions, emergency contacts, a photograph of the driver, prescription information and other vital information.

"It's a promising approach," says Jonathan Adkins, spokesman for the Governors Highway Safety Association. "Actually, this is one of the goals of automated crash notification systems. Eventually, when there is a crash, these key data such as medication needed will automatically be available to EMTs, etc. The Yellow Dot program may be a system that can be helpful in the meantime."

The chances of survival are greatly increased when this information is readily available within the "golden hour," or the first 60 minutes after an accident.

"The residents of the state ... realize the importance of it, particularly someone with a lot of medical issues. The second group is the first responders, because they know when they arrive, if the person is unable to communicate, they know they can go to the glove compartment and get the information they need, and they can do it immediately without wasting a lot of time," says Lora Weaver, program coordinator for the Northeast Alabama Traffic Safety Office.

The nation's first Yellow Dot program started in 2002 in Connecticut. Yellow Dot programs are in effect in counties scattered across at least eight states.

"It is very nice to see innovative programs to address the unique risks associated with older Americans and car crashes," says Peter Kissinger, president and CEO of AAA Foundation for Traffic Safety. "Since older individuals tend to have more medical conditions, are on more medications and are generally more fragile, this sounds like a well-justified program, especially in light of the growing number of older Americans."

Continue reading "New Program Aims to Help Those Severely Injured in Tennessee Vehicle Accidents" »

Three emergency vehicles were hit by an oncoming tractor trailer while responding to an evening accident on I-75. The driver of the 18-wheeler claimed that he didn't see the activity on the side of the road when his speeding big rig went barreling into the emergency responders causing the Powell truck accident. The 18-wheeler reportedly clipped the ambulance and the fire engine, before it slammed into the back of a second fire truck, according to Volunteer TV.

The emergency responders were aiding an accident involving a possible drunk driver at roughly 1:30 a.m. The alleged drunk driver and his 5-year-old passenger were transported to the U-T Medical Center.

Our Tennessee trucking accident attorneys constantly remind motorists of the dangers tractor-trailers pose to other motorists on the road. As they weigh much more than other vehicles, they are come with a lot more power. Accidents with these trucks prove more likely to be fatal and result in serious injury and damages.

"As they were doing their jobs, they noticed that this eighteen wheeler was coming at a high rate of speed. Actually one of our firefighters even said, 'whoa, that guy is really moving.' But there was literally no time before they started seeing trucks start getting moved over, towards them," said Rural Metro Battalion Chief Jeff Devlin.

One fire truck was totaled. That department is currently being forced to use a back-up truck. The second truck belonged to the volunteer fire department. That was their only truck and it also was seriously damaged during the accident. Rural Metro will be sending them a back-up engine.

"Thousands and thousands of people every hour are driving all over the place. We understand that. Most people do it safely, most people are trying not to do this. However, any moment like this that causes one more person to think a little bit clearer, pay a little bit more attention, slow down just a little bit...we certainly appreciate it," said Chief Devlin.

Tennessee Highway Patrol is still investigating both accidents.

Because of these types of incidents, Tennessee currently enforces a Move Over Law. This law is meant to protect emergency vehicle responders and other law enforcement officials while pulled on to the side of the road.

This law states that all motorists must allow the right of way to these listed vehicles and other government vehicles. Motorists are asked to pull over and/or slow when possible, when an emergency vehicle is stopped with activated lights. Motorists are also required to exit the lane closest to the responders when passing the scene. Tennessee implemented this law back in 2003. Violations of this law can slam motorists with a fine of up to $300 and/or 30 days behind bars.

Motorists are also asked to follow the same rules regarding construction areas. As the summer months move in, construction work will increase. These areas can be extremely dangerous for workers as well if motorists do not take caution while passing through.

According to Move Over, America, more than 150 law enforcement officers in the U.S. have been killed after being hit by other vehicles on America's highways since 1999.

It is estimated that more than 70 percent of Americans have never heard of "Move Over" laws. More than 85 percent of supporters believe that these laws should be in effect in all 50 states. Again, 90 percent of motorists believe that these types of traffic stops and roadside emergencies are extremely dangerous for first responders and law enforcement officials.

Continue reading "Three Emergency Responder Vehicles Struck by 18-wheeler in Tennessee Trucking Accident" »