by Queener Law | Dec 11, 2014 | Auto Accident, DUI, Tennessee
While U.S. drunk driving fatalities increased by 4.6 percent from 2011 to 2012, Tennessee saw a 14 percent increase in the number of people killed by drunk drivers during that time, according to the National Highway Traffic Safety Administration. Mothers Against Drunk Driving reported that 295 people were killed in Tennessee as the result of drunk driving car accidents in 2012, accounting for 29 percent of all motor vehicle accident deaths in the state. In an attempt to lower this high fatality rate, Tennessee lawmakers have enacted legislation to keep drunk drivers off of the road.
What is considered drunk driving?
In Tennessee, people with a blood alcohol content level of 0.08 percent or higher are considered intoxicated, and may be charged with a DUI. People who drive with a BAC of 0.08 percent may have trouble perceiving the distance and speed of other vehicles on the road, according to the NHTSA. They may also experience short-term memory loss, concentration problems and the inability to control their speed.
Drivers with higher levels of intoxication may find it difficult to stay in their lane of traffic, and are less likely to respond to emergency situations. All of the dangerous effects of alcohol intoxication place other motorists in danger of serious injury or death if they become involved in an automobile accident.
What is Tennessee doing about the problem?
MADD reports that approximately one-third of all people who are convicted of drunk driving have been arrested or convicted of a DUI in the past. In response to the significant increase in drunk driving deaths in Tennessee, the state enacted a law requiring all convicted DUI offenders to get an ignition interlock device installed in their vehicles, according to MADD. These cellphone-sized devices are essentially small breath test analyzers that prevent the vehicle from starting if the driver’s blood alcohol content level is above a preset limit.
Ignition interlock devices have proven to be successful in keeping drunk drivers off of the roads in many states, as reported by MADD. Convicted drunk drivers in Tennessee are also required to perform community service, pay fines and court costs and enroll in a court-ordered DUI education course. They will also have their driver’s licenses suspended for a time depending on the specific circumstances of the crime.
By enforcing the new ignition interlock device law, as well as the other strict legal consequences of drunk driving, Tennessee hopes to see a decrease in the number of drunk driving deaths in the future.
by Queener Law | Nov 7, 2014 | Auto Accident, Tennessee
Many residents of Davidson County have either been involved in a traffic accident or know someone who has. According to the Tennessee Department of Safety and Homeland Security, there were approximately 510,934 traffic accidents in Davidson Country from 2004 to 2014. During that 10-year period, there were more than 3.5 million traffic accidents statewide. Although the causes of these traffic accidents range from minor to severe traffic violations, all auto accidents threaten the safety of Tennessee drivers.
Following too close
A driver who fails to keep the proper distance between his or her vehicle and the car in front of them may end up rear-ending the vehicle should it need to stop unexpectedly. There were over 330,432 motor vehicle accidents in Tennessee from 2004 to 2014 that were caused by people who were following improperly. Whether a driver is following too closely intentionally or as a result of driver distraction, doing so will increase the likelihood that an auto accident will occur.
Failure to yield
The second most common cause of traffic accidents in Tennessee, as reported by the Department of Safety and Homeland Security, stems from failure to yield to another vehicle’s right of way. This usually occurs when a driver turns in front of an approaching motorcycle or vehicle, causing a collision. These types of accidents can be particularly dangerous, as they often involve vehicles that are traveling at high rates of speed.
According to the Leaf-Chronicle, a Dover man is facing charges of failing to yield resulting in death or injury, vehicular assault and vehicular homicide. The man made a left-hand turn, cutting off an oncoming motorcycle and causing a catastrophic collision. The passenger in the man’s vehicle was seriously injured and the motorcyclist was killed in the accident.
Failure to stay in lane
When a driver is intoxicated, drowsy or distracted and fails to stay in their lane of traffic, they may unintentionally cause an accident. Approximately 22,833 Tennessee residents did just that in 2013, making it the third most common type of traffic accident in the state. Accidents caused by vehicles running off of the road completely are also included in this statistic. National and state campaigns designed to warn motorists about the dangers of impaired driving may have made an impact on motorists in the state, as only 14,734 accidents have involved failure to stay within one’s lane of traffic so far this year.
Other significant causes of traffic accidents
Although speeding, careless driving, improper lane changing, failure to obey traffic signals and inattentive driving did not make the top three list, they all caused a significant number of Tennessee traffic accidents. Obeying these traffic rules on a regular basis may help to save a life.
by Queener Law | Nov 6, 2014 | Auto Accident, Brain Injury, Colorado, Kentucky, Tennessee
Over 2.36 million people were injured in car accidents in 2012, according to the National Highway Traffic Safety Administration. While some car accident victims received only minor injuries, others suffered from traumatic brain injuries that will affect them for the rest of their lives. The Centers for Disease Control and Prevention found that car accidents were responsible for causing 14 percent of traumatic brain injuries in the United States from 2006 to 2010, making it the third leading cause of TBI.
In a highly publicized New Jersey truck accident, comedian Tracy Morgan received serious brain injuries when his limousine was rear-ended by a negligent truck driver. According to People Magazine, Morgan has been trying to recover from his injuries for the past four months, and continues to undergo vocational and physical therapy for his serious injuries. Morgan still uses a wheelchair and is having difficulties with speech and mental cognition.
Signs of a brain injury
Otherwise referred to as whiplash in its milder form, brain injuries may occur when people experience a sudden jolt or blow to the head, just like they would in a traffic accident. The National Institute of Health indicates that the symptoms of traumatic brain injuries range from mild to severe and include the following:
- Headaches
- Seizures
- Weakness in the arms and legs
- Confusion
- Loss of coordination
Additionally, people suffering a brain injury may experience a loss of consciousness, trouble concentrating and memory loss. Changes in a person’s auditory and visual functioning, as well as drastic changes in their mood or behavior are also possible symptoms.
Long-term effects
According to a review published in the Acta Pharmacologica Sinica in 2013, the damage sustained from a traumatic brain injury can be progressive. This means some people may not only suffer from the initial damage caused by the blow they received, but also from secondary injuries. Traumaticbraininjury.com states that secondary brain injuries include brain swelling, bleeding inside the skull, infection within the skull, increased fluid in the skull, increased pressure in the skull and damage caused by a lack of oxygen.
Minor and serious brain injuries can lead to permanent damage and even cause problems years after the initial event. Studies have shown that people who have suffered brain injury are at a higher risk of suffering a stroke and that brain injury may even play a role in dementia and Alzheimer’s. Often victims of brain injuries must undergo physical, mental and psychological therapy, and there is no guarantee that they may fully recover from their serious injuries. People who have been injured in a car accident should meet with an attorney who can help them estimate their long-term needs and determine an appropriate amount of compensation.
by Queener Law | Nov 5, 2014 | Auto Accident, Colorado, Kentucky, Tennessee
Although talking and texting on a cellphone while driving is considered one of the most hazardous driver distractions, there are other distractive behaviors that can result in devastating car accidents as well. Distracted driving auto accidents are responsible for killing an estimated nine people and injuring at least 1,153 people every day, according to the Centers for Disease Control and Prevention. When drivers avoid engaging in distracted behaviors while driving, they minimize the risk of causing a traumatic accident.
Types of distractions
Distraction.gov defines distracted driving as any type of activity that diverts a motorist’s attention off of the primary task of driving. The CDC classifies distraction for drivers into three categories. These include:
- Cognitive distractions encourage drivers to take their focus off of the road. With some types of cognitive distractions, motorists may not be aware that their focus and concentration is compromised. Not only do hands free cellular devices fall under this category of distraction, voice-activated technology and talking to other passengers in the vehicle can also be distractive.
- Visual distractions require drivers to remove their eyes from the road, even if it is for a few seconds. Looking away to change the radio station or program a navigation device can be extremely dangerous. According to distraction.gov, drivers who remove their eyes from the road for five seconds while going 55 miles per hour will drive the length of a football field before they return their eyes to the road.
- Manual distractions involve drivers taking their hands off of the steering wheel and include reaching to attend to passengers in the back seat or picking up an item off of the floor.
While all driver distractions pose a significant threat to motorists on the roadways, there are some distractions that are considered more dangerous than others. Texting and talking on hand-held cellphones involve all three types of distractions, making them especially deadly. Distraction.gov lists additional distractive behaviors, including eating, drinking, reading, grooming, watching videos and switching CDs or DVDs in the vehicle’s entertainment system.
Who is at risk?
Although distracted driving endangers everyone on the road, the CDC reports that young drivers and cellphones are a fatal combination. Novice motorists, who are under the age of 20 years old are often inexperienced and are more likely to have problems handling two complex tasks at once. As a result, they are more likely to be involved in fatal car accidents or accidents resulting in severe injuries.
by Queener Law | Nov 3, 2014 | Auto Accident, Tennessee
Whether they are driving down the turn lane, running red lights or confusing the gas pedal for the brake, some elderly motorists in Tennessee can create a significant driving hazard to other motorists on the road. While the topic of elderly drivers may be somewhat controversial, some states enforce strict regulations regarding senior citizen’s driving privileges in order to protect the interest of drivers on their roadways and limit the number of car accidents caused by senior drivers.
According to the Tennessee Attorney General, the right to have a driver’s license is protected under the Constitution. However, individual states are able to customize driver’s license testing procedures to different age populations in order to protect the best interest of the public.
Elderly driver fatalities
Out of the 33,561 deaths that occurred due to motor vehicle accidents statewide in 2012, 2,692 people were between the ages of 65 and 74 years old, according to the National Highway Traffic Safety Administration. An additional 2,868 people over the age of 74 were killed in traffic vehicle accidents that same year. In Tennessee, 175 elderly drivers over the age of 65 years were fatally injured on state roadways in 2012.
The U.S. Census Bureau expects the population of elderly American citizens to grow exponentially within the next 15 years, as baby boomers continue to age, according to a USA Today report. The bureau estimates that by the year 2030, the number of people over the age of 85 years old will reach 9.6 million. Many states are already planning on how to manage this rapid increase in older drivers.
Safety concerns
Although many elderly drivers have the capability to drive safely, there are others whose driving skills may be compromised. The Tennessee Department of Transportation reports that people may experience certain changes as they grow older, which may affect their ability to drive. These include:
- Visual acuity: As people age, their ability to adjust to light and dark driving conditions, judge the approximate distances of objects and discern specific details of their driving environment decrease considerably.
- Physical health: Stiff necks, arthritis and other physical limitations can affect a person’s driving.
- Mental alertness: Senior drivers may exhibit decreased reaction times, as it may take longer for them to process information within their driving environment.
- Taking medication: Elderly drivers are more likely to take certain medications that have side effects, which may interfere with driving. Some prescriptions come with a specific warning that people should not drive while taking the medication.
Elderly drivers may have difficulty driving through traffic, backing up, driving in dark conditions and making left turns. Some may get disoriented when driving in an unfamiliar environment. All of these factors could potentially lead to serious accidents involving injured victims, and should be kept in mind when determining whether or not a senior citizen should continue to drive.
by Queener Law | Oct 31, 2014 | Auto Accident, Tennessee
In an attempt to decrease the number of people injured and killed in auto accidents caused by distracted drivers, many states, including Tennessee, have enacted laws banning the use of handheld cellphones and texting while driving. These laws have prompted many drivers to put down their handheld cellular devices and rely solely on voice activated devices within their vehicles to conduct business while traveling. CBS News reported that a study released by AAA shows how voice activated devices, which are designed to increase safety while driving, may actually make driving more dangerous.
The study
While the general concept of voice activated cellular technology is somewhat new, many programs come with their fair share of errors. A recent study conducted by Dr. David Strayer from the University of Utah proposes that these errors may be the cause of significant stress and distraction to motorists who are driving while simultaneously voicing commands to their car.
In order to measure the level of cognitive distraction a driver experiences while using voice-activated technology, researchers used test vehicles equipped with heart-rate monitors and other instruments created to detect driver reaction times. During the study, motorists were given simple voice command tasks to complete while driving, including listening to and composing emails and text messages using different types of voice-activated technology. They were also asked to interact with different voice activated systems, ranging from systems that were completely accurate and reliable to those that were less reliable.
The results
The study found that drivers who used voice-activated technology to compose emails and text messages were more distracted that those who used hands free devices to simply listen to their messages. The results of the study also supported researchers’ initial theories that problems with voice-activated technology have a substantial influence on the amount of driver distraction experienced. For example, when drivers used hands free technology that was unable to understand their commands, they had higher rates of distraction.
These recent findings add clarity to research Strayer conducted on cognitive distraction last year. Previous studies revealed the effects of cognitive distraction on a motorist’s reaction time and ability to drive.
According to the AAA report, researchers hope this information will help vehicle manufacturers improve the accuracy of their voice-activated technology in order to minimize potential driver distraction.
Distraction.gov reports that 3,328 people were killed and an additional 421,000 people were seriously injured in distracted driving car accidents in 2012. Continued research and technological improvements may help to decrease these alarming statistics in the future.
