by Queener Law | Mar 6, 2015 | Auto Accident, Tennessee
Tennessee workers who are required to drive commercial vehicles, as a part of their job, put themselves in danger every day. A Tennessee personal injury attorney knows that sometimes these employees are victims of other motorists’ poor driving habits. Injured employees have the right in Tennessee to seek workers’ compensation but they may also be able to file a third party lawsuit.
Recently, a woman employed with AT&T was standing next to her utility truck. According to Commercial Appeal News, a motorist overcorrected while swerving to miss hitting another car and smashed into the AT&T truck and woman. The truck was parked alongside the road when the accident occurred. The employee lost her leg as a result of the tragic accident. The driver was officially charged with driving while license suspended, failure to maintain control and violating the financial responsibility law.
What is a third party lawsuit?
A third party lawsuit is essentially a lawsuit filed against a person or company who is not associated with the injured worker’s employer. For example, in the above story, if the woman was hit by another AT&T driver, she would not be able to file a third party lawsuit as the negligent party would be a fellow co-worker. Since the person who caused her injuries is not affiliated with AT&T, she can seek additional financial compensation from that driver.
Unlike workers’ compensation, which is awarded on a no-fault basis, a Tennessee personal injury attorney knows in a third party lawsuit the injured worker must prove that the injuries were caused by the third party’s negligence. In some cases, the person who initiated the accident may be solely responsible. However, there have been situations where there were several parties involved. For example, if a delivery driver is hit and injured by a large tractor trailer, the truck driver and the trucking company may be held liable for the damages in separate third party lawsuits.
Are just auto accidents eligible?
These lawsuits are not limited to just auto accidents; they also apply to cases involving slip-and-falls as well as construction accidents. Unlike workers’ compensation benefits, which have a maximum payout limit, lawsuit money may be awarded for emotional trauma in addition to medical expenses and other damages.
According to the Bureau of Labor Statistics, a little over 3 million work-related injury cases were recorded in the U.S. during 2013. More than 200,000 of those involved slip-and-falls. When employees believe that their work-related injuries have been caused by an outside party, they may want to seek legal assistance from a Tennessee personal injury attorney.
by Queener Law | Mar 5, 2015 | Auto Accident, Tennessee
Motor vehicle accidents contribute to a significant number of serious injuries and deaths in Tennessee each year. A personal injury attorney in Tennessee knows that many of these devastating collisions are preventable. In fact, AAA reported that more than half of all motor vehicle accident fatalities are the result of aggressive driving. Reckless driving, road rage and operating a vehicle while intoxicated are just a few ways that negligent drivers can cause a tragic car accident.
- Frequent lane changing
Many Tennessee motorists have shared the road with a vehicle that is switching back and forth between lanes haphazardly. In some cases, the anxious lane changer fails to use their turn signal to indicate to other motorists where they intend to go. Drivers may aggressively switch lanes if they are annoyed with slower drivers, are in a hurry to get to their destination or simply wish to speed through traffic. Unfortunately, frequent lane changing at high speeds can cause tragic car accidents. Drivers may fail to get a good look before turning into another vehicle traveling in the lane beside them.
- Tailgating
Aggressive tailgating occurs when motorists follow the car in front of them too closely, according to SmartMotorist.com. If the leading vehicle should have to stop suddenly for any reason, the tailgating motorist may rear-end the car in front of them. Drivers often tailgate when they are in a hurry and feel as though the car in front of them is going too slow. Yet, riding on the back of a car’s bumper hardly accounts for safe driving practices. In fact, it could end in serious injury or death when speeding vehicles are driving too closely. Sadly, a personal injury attorney in Tennessee may deal with these types of cases on a regular basis.
- Excessive speeding
One of the most deadly aggressive driving behaviors is speeding. Driving at speeds above the posted limit lowers a driver’s ability to respond to certain roadway hazards, including objects in the road, pedestrians, traffic signals, inclement weather conditions, crosswalks and other drivers’ reckless behavior.
Not only do these driving behaviors put other motorists in danger, they also put the driver in danger of serious harm. Speeding, tailgating and constant lane switching can cause a car to rollover or swerve into oncoming traffic.
Other aggressive driving behaviors can occur if the motorist is intoxicated or under the influence of drugs. Extreme amounts of aggression may result in road rage, or people who use extreme violence against another driver who causes them to be upset.
When people are injured or lose a loved one in an accident caused by an aggressive driver, they may want to seek justice and compensation for their injuries and pain. Some accident victims may choose to consult with a personal injury attorney in Tennessee regarding their legal options.
by Queener Law | Mar 4, 2015 | Auto Accident, Tennessee
Traffic accidents are one of the most common causes of death in Tennessee and across the nation, according to a report published by AAA. Studies released by the National Highway Traffic Safety Administration show that drowsy motorists are to blame for approximately 1.4 percent of all car accidents in the nation. Their statistics stated that 5,021 people were killed in car accidents caused by drowsy drivers from 2005 to 2009. Yet research conducted by AAA has uncovered a much higher fatality rate, suggesting that the NHTSA figures underestimate the true scope of the problem. Researchers want motorists to understand that drowsy driving can lead to devastating car accidents, injuries and deaths, a fact known by a car accident attorney in Tennessee.
Looking at the numbers
Recent studies performed by AAA found that as many as 328,000 car accidents are caused by fatigued or drowsy drivers each year. This number heavily outweighs statistics reported by the NHTSA. AAA reported that 6,400 of these drowsy driving accidents resulted in fatalities, while 109,000 collisions caused serious injuries. Experts believe that these numbers are a better representation of the actual number of drowsy driving accidents that occur on U.S. roadways each year.
The study
In order to obtain these results, AAA evaluated reports obtained through NHTSA’s National Automotive Sampling System Crashworthiness Data System from 2009 to 2013. The reports gave a first-hand account of law enforcement officers’ interpretation of the accident, as well as interviews with the drivers’ responsible for causing the motor vehicle accidents. The officers then coded the driver’s attention span as asleep, sleepy, distracted, inattentive, attentive or unknown. At least 3 percent of the subjects included in the study were labeled as sleepy.
The data also showed that 21 percent of the car accidents that occurred during that time involved drowsy drivers and ended in death. Another 13 percent resulted in serious injuries and 7 percent involved other injuries.
Researchers believe that the number of drowsy drivers responsible for causing devastating traffic accidents is grossly misrepresented. In many cases, it can be difficult for law enforcement officers to determine whether or not a person is drowsy, which is an issue that a car accident attorney in Tennessee may have to deal with. Most drowsy drivers are not willing to admit that they are fatigued. They may be in fear of retribution or subsequent legal action if they were responsible for the injury or death of another person.
Americans live busy lifestyles, and many are forced to go about their daily activities after minimal amounts of sleep. When a driver’s lack of sleep results in a serious auto accident, he or she may be held liable for the damages. This may include compensation for the victim’s injuries, property damage, lost wages for time off of work and emotional trauma. Some accident victims may seek the legal counsel of a car accident attorney in Tennessee.
by Queener Law | Feb 5, 2015 | Auto Accident, Tennessee
Roundabouts can be especially confusing for people when they are new or when motorists are unfamiliar with them, and their appearance across Tennessee over the past two decades has led to a decrease in traffic fatalities but an increase in accidents overall. Motorists should understand how to safely navigate through roundabouts so they can reduce their risk of car accidents. By observing basic rules for roundabouts, motorists may safely get through them without issues.
Roundabout Accidents
A study of more than 300 roundabouts in Wisconsin found that the intersections that were formerly controlled by traffic signals but had been turned into roundabouts showed a 38 percent drop in traffic fatalities and injuries. However, these locations also experienced an increase of 12 percent in accidents overall. Many of these accidents were caused by drivers who were inexperienced or confused by the roundabouts. Between 30 and 50 percent of all accidents in roundabouts in the U.S. were single-vehicle accidents. Of the single-vehicle accidents in roundabouts, one-third resulted from bad weather and 19 percent were caused by drunk or impaired driving.
Safe Roundabout Navigation
To reduce the risk for traffic circle crashes, drivers should familiarize themselves with safe roundabout navigation.
- When people approach roundabouts, they should yield to traffic in all of the lanes of the roundabout and only enter when they have adequate clearance. Motorists who are already inside of the roundabouts have the right of way, and motorists who are at entry points must yield to them.
- Large trucks may have to take up parts of two lanes or use the concrete in the center of the roundabout to make it safely through them. Other drivers should not try to jockey for position with a large truck in a roundabout. A good rule of thumb is to yield to all large trucks inside of roundabouts.
- People should pay attention to signs that show the lanes that they should get into when they enter the roundabouts and slow down as they approach.
- Finally, drivers should not try to speed through roundabouts so that they can avoid going off the road.
by Queener Law | Jan 26, 2015 | Auto Accident, Tennessee
Studies performed by The AAA Foundation for Traffic Safety show that road rage is a major contributor to motor vehicle accidents nationwide. When people are stressed from a job, family situation or driving itself, they are more likely to cause a tragic car accident, according to the American Psychological Association. Automobile accident Cookeville attorneys note that, while some motorists have an aggressive-type personality and engage in risky, hostile driving behaviors on a regular basis, other motorists rarely experience stress and road rage. High stress on Tennessee roadways contributes to an increased rate of vehicular collisions. The APA and the Department of Motor Vehicles suggest motorists use the following tips in order to reduce stress behind the wheel.
- Avoid traffic as much as possible
For some motorists driving in high-traffic situations may be inevitable. It may be possible, however, for some drivers to arrange a schedule where they are not caught in the midst of a traffic jam when traveling to or from work. Whether this requires leaving a little early or driving home a little late, it may be worth the reduced likelihood of becoming involved in an automobile accident.
- Make sure that the vehicle is well-maintained and comfortable
Many motorists experience stress when something unexpectedly goes wrong with their vehicle. Ensuring that the oil, windshield wipers, tire pressure and tires are properly checked may prevent a vehicle emergency. Drivers should also make sure that their car is stocked with the essentials, such as an ice scraper and sunglasses, before hitting the open road. Many automobile accident Cookeville attorneys know that taking a few seconds to adjust the seats, and fix the rear-view mirrors can also help prevent a stressful event.
- Find something that calms the nerves
Stressed drivers should find something that calms their nerves when they feel as though they are starting to tense up. According to the APA, some people benefit from listening to relaxing music, engaging in deep breathing exercises or thinking of something other than driving. Vehicle operators should make sure to get plenty of sleep and exercise often, which may reduce muscle tension and fatigue while driving.
- Take a break
It is much better to pull over, get out of the car and take a short break than to cause a catastrophic car accident by engaging in aggressive driving behaviors.
People who are involved in an accident caused by an aggressive driver may want to consult automobile accident Cookeville attorneys in order to receive compensation for any injuries or property damage sustained in the accident.
by Queener Law | Jan 25, 2015 | Auto Accident, DUI, Tennessee
The rate of drunk driving fatalities in the U.S. has increased and innocent people continue to be victimized by negligent drivers. Motor vehicle crashes involving drunk drivers killed 10,322 people in 2012 and injured 345,000 people, according to Mothers Against Drunk Driving. This high statistic accounted for 31 percent of all motor vehicle deaths that year, a 4.6 percent increase from 2011. In Tennessee, 295 lives were taken in drunk driving collisions that same year, which accounted for 29 percent of all traffic deaths. This was a 14 percent increase from 2011, a fact known by any established accident lawyer Gallatin. Federal and state officials are looking for new ways to combat this growing problem and save lives in the process.
Auto manufacturers and the National Highway Traffic Safety Administration are hoping to implement advanced driver alcohol-detection systems into cars, according to Edmunds.com. This new attempt at decreasing the national drunk driving fatality rate would make it difficult for drivers, with a blood alcohol content level over the legal limit of 0.08 percent, to drive on Tennessee roadways.
How would the DUI technology work?
The alcohol-detection technology would function similarly to ignition interlock devices with some slight differences. An accident lawyer in Gallatin is aware that ignition interlock devices are mandated for all convicted drunk drivers with a BAC of 0.08 percent or higher in Tennessee. These devices measure the amount of alcohol present in a driver’s breath sample. The IIDs will not let the vehicle start if the driver’s BAC is over a preset amount, usually 0.02 percent.
The new alcohol-detection technology, on the other hand, would disable the vehicle from starting if the driver has a BAC of 0.08 or higher. Rather than submitting a breath sample through a tube, like one would when using an ignition interlock device, the DUI technology would have an alternate way of measuring a driver’s BAC. Both devices are designed to curb drunk driving and decrease DUI auto accidents, injuries and fatalities.
A fatal decision
A 22-year-old man’s decision to drink and drive cost him his life. According to Local 8 Now News, the young Tennessee man and his 18-year-old passenger were traveling in the early morning hours when his car swerved into oncoming traffic. The intoxicated man and his passenger were not wearing seat belts and were thrown from the vehicle when they crashed into another car. The young driver was killed; however, his passenger and the driver of the other car involved in the accident received only injuries from the collision. Unfortunately, an accident lawyer in Gallatin may be all too familiar with these types of cases. However, injury victims may turn to an attorney for essential legal assistance.
