by Queener Law | Mar 18, 2016 | Auto Accident, Tennessee
Advances in technology coupled with people living extremely busy lives has led to an increase in distracted driving. Perhaps one of the most dangerous distractions out there involves texting. In an effort to keep people safe, many areas have enacted texting-while-driving bans that carry significant penalties for anyone caught using a cell phone in such a manner. Have these bans been effective at saving lives? According to several researchers, the answer is “yes.”
How Common is Texting While Driving?
According to a 2011 survey from the Centers for Disease Control, 31 percent of all drivers ages 18 to 64 reported that they had either sent or read a text or email message at least one time in the previous 30 days. During 2011, 3,331 people in the United States were killed in a distracted driving automobile crash, and 387,000 were injured in one. The results of this survey show that texting while driving is a common practice that could have devastating consequences.
American Journal of Public Health Study
A study performed by the American Journal of Public Health was conducted over a period of seven years from 2003 to 2010. Researchers collected data from 19 states to determine if texting bans had an impact on “crash-related hospitalizations.” They then analyzed this data to determine if hospitalization rates increased or decreased after a texting-while-driving ban was implemented. Data from states with a ban was also compared to information from states without a ban to determine if there was a significant difference.
What the researchers discovered was that crash-related hospitalizations decreased by around 7% in states that had enacted a ban. They also claim a significant decrease in hospitalizations occurred in those ages 22 and older, but only a moderate decrease was noted by those 21 and under. As a result of this study, The American Journal of Public Health recommended that all states enact a texting-while-driving ban.
Primary vs. Secondary Bans
Researcher Alva Ferdinand with the Department of Health Care Organization and Policy of the University of Alabama, Birmingham, performed a more in-depth analysis of “in-state” laws, using data gathered from the Fatality Analysis Reporting System from 2000 through 2010. The information obtained from this study was also included in the results that were published in the American Journal of Public Health.
According to Ferdinand, there is considerable variation in texting-while-driving laws, so it is important to know exactly which laws have been most effective. For example, some states ban all drivers from texting, while others restrict only youth.
Laws also vary as to whether they have primary or secondary enforcement. In areas that allow for primary enforcement, officers may stop drivers if they observe them texting. In other locations, officers can pull motorists over only if they observe them breaking another traffic law such as speeding, which amounts to secondary enforcement.
As a result of Ferdinand’s research, primary texting bans were the most effective at reducing traffic fatalities. Primary texting bans accounted for a three percent reduction in deaths, or 19 lives saved per year in each state that had enacted such a ban. When primary texting bans were targeted only at young people, an even higher reduction in fatalities was noticed. Laws targeted toward those age 21 and under resulted in an 11 percent reduction in traffic fatalities among people in that demographic.
Secondary Bans not Effective
Surprisingly, this study showed that there was little to no decrease in fatalities in states where texting-while-driving bans require secondary enforcement. The reason for this was unclear; however, Consumer Affairs surmised that it could be because these laws are rarely enforced.
Nashville, Tennessee news station WSVM reported that the state’s secondary enforcement bans were difficult for officers to implement. A Tennessee Highway Patrol officer agreed, stating that it was difficult to prove whether or not a driver was actually texting. As such, those who visit a Nashville injury lawyer after being hurt by a texting driver may find that proving their case to be challenging.
Surprising Results
Ferdinand was surprised to discover that texting bans with primary enforcement did not result in a significant reduction in traffic deaths among people ages 21 to 64. She did however note that accident-related fatalities among this age group did decline significantly in states that had enacted bans against the use of hand-held cell phones while driving.
Recommendations
Ferdinand hopes that policymakers will take note of the results, and enact laws accordingly. Her mentor, Dr. Nir Menachemi agreed, stating that “distracted driving is a growing problem affecting everyone on the roadways. It is my hope that policymakers act upon our findings so that motor vehicle deaths can be prevented.”
This study clearly shows that texting-while-driving bans can help save lives, although the degree to which this happens does vary. As awareness increases, chances are more states will want to enact new laws that will help keep people safe.
by Queener Law | Jul 27, 2015 | Auto Accident, Tennessee
Poor road conditions create unsafe circumstances that contribute to serious and fatal collisions. Roads riddled with potholes and cracks severely damage cars, decreasing their operational efficiency and raising the risk for accidents.
According to an analysis from TRIP, a national transportation research group, United States’ roadways are in such poor condition that they cost the average American driver $515 a year in extra repairs, gas, insurance, and accidents. The primary funding source for streets and highways comes from the states. However, they are also heavily reliant on the federally-funded Highway Trust Fund which is quickly becoming insolvent. Moreover, Congress is thus far unable to agree on a long-term fix to keep the Fund solvent. Congress passed a temporary fix on July 31, 2014, which temporarily prevented insolvency, however, no long-term plan has been implemented.
Overview of the Problem and Cost to the Average Driver
Poor road conditions are present in all 50 states and the District of Columbia. According to TRIP, 28 percent of all U.S. roads are in “poor” condition. A “poor” condition designation means that the road is pitted with so many potholes, ruts, and cracks that it must be completely rebuilt (i.e., repaving is an insufficient fix).
The state of decay varies wildly from state to state. For example, 92 percent of roads in Washington, D.C. are rated “poor.” The next highest is California in which 51 percent of the roads are “poor,” followed by Rhode Island, New Jersey, New York, Washington, Wisconsin, Oklahoma, and Michigan. Luckily, Tennessee has some of the best roads in the county. A mere 11 percent are rated “poor.”
The cost of driving on these roads is similarly, widely varied. California, the District of Columbia, Oklahoma, and four other states can all expect to pay over $600 a year in additional costs. Conversely, Tennesseans pay less than $300 a year due to bad roads.
How did it come to this?
The primary funding source for the Fund is the gasoline tax. However, Congress did not peg it to inflation and has not raised it since 1993. The result is steadily declining tax revenue for the Trust Fund. Raising taxes is difficult because voters immediately internalize the cost of the tax but do not appreciate the long-term effects like car accidents and repairs to their vehicles that are due to poorly maintained roads.
by Queener Law | Apr 27, 2015 | Auto Accident, Tennessee
Since their installation in October 2006, red-light cameras in Gallatin, Tennessee, are reported by local law enforcement to have reduced car crashes at four busy intersections by approximately 35 percent. The Tennessean states that despite their success, certain lawmakers would like to do away with the cameras. Opposition efforts involve a revised version of the Tennessee Freedom from Traffic Cameras Act, which would ban the cameras and extend the yellow light to six seconds. A car accident lawyer in Tennessee may understand Gallatin law enforcement’s belief that banning the cameras could lead to more accidents.
Fewer accidents
According to a study from the Insurance Institute of Highway Safety, 683 people were killed and 133,000 injured in the U.S. in 2012 because someone ran a red light at an intersection. The study shows that this type of deadly crash was reduced 24 percent in larger cities that implemented the cameras. All other types of collisions at intersections saw a reduction of 17 percent.
Cameras save lives and livelihoods
While the costliest consequence of an auto accident may be loss of life, other damages can create significant hardship as well. Injury accidents may result in the following:
- Pain and suffering
- Lost time from work
- Loss of quality of life
- Property damage
The Police Chief, a law enforcement publication, states that the presence of red light cameras has been shown to deter red-light running, which leads to fewer fatal or injury accidents.
What they do
Typically, digital cameras are placed at intersections so that they point inward toward traffic. According to the Federal Highway Administration, induction loop triggers are placed under the road at the stop line. A computer is wired to the camera, to the traffic signal and to the trigger. When a car runs a red light, the computer responds to the trigger and tells the camera to take two pictures of the vehicle, one at the intersection and one halfway through the red light. Police Chief Magazine states that cameras do what is not generally possible for most law enforcement departments: they provide 24/7 surveillance. A car accident lawyer in Tennesseeunderstands that this may prevent fatalities and injuries from intersection collisions.
Bill would ban cameras
Lawmakers who oppose the cameras argue that the practice may be more about profit than safety. However, law enforcement believe the red-light cameras save lives. If you have sustained injuries from a crash at an intersection or have lost a loved one to a collision, a car accident lawyer in Tennessee may be able to help you recover damages.
by Queener Law | Apr 23, 2015 | Auto Accident, Tennessee
As the winter snow and ice melts away, motorists become less concerned about driving through snowstorms and blizzards. Although spring brings warmer weather, it also creates new driving hazards that motorists should take into consideration. A car accident attorney in Tennessee understands that there are many things to keep in mind while navigating the thawed Tennessee roadways this spring. Here are three of the most common concerns:
- Wet roads
April showers can make for wet roads. The Federal Highway Administration reported that wet pavement was responsible for 74 percent of all weather-related car accidents in the nation from 2002 to 2012. Not only does wet weather make it hard to see, accumulated water is slick and can cause cars to hydroplane. When water builds up on the road, it can cause a loss of traction between the street’s surface and the vehicle’s tires. This can trigger the car to slide and skid when the driver attempts to stop, according to esurance.
Speeding and worn tires can increase the risk of a hydroplaning incident, a fact known by a car accident attorney in Tennessee. Motorists should make sure that their tires have good tread, avoid speeding and never use their cruise control when traveling in the rain.
Motorists should also make sure that their windshield wiper blades are in good working condition. Windshield wipers are often used excessively during the winter, and may need to be replaced in the springtime.
- Beware of potholes
During winter months, snow seeps into small cracks on the road. As the water freezes, it causes the pavement to expand. The end results are treacherous potholes that have made their appearance throughout the state of Tennessee. According to WKRN News 2, these potholes can cause tire damage, misalignment, undercarriage problems and even car accidents. While avoiding potholes may be easy during daylight hours, they can be difficult to see at night or during spring rainstorms. The Tennessee Department of Transportation reported that motorists who have fallen victim to giant potholes may be able to file a claim through the Department of Treasury’s claims division.
- Small animals everywhere
In many parts of the country, little creatures become more abundant in the springtime. It isn’t uncommon for motorists to encounter little bunnies, squirrels, raccoons, deer and porcupines while out on a drive. Braking for small animals can cause a catastrophic auto collision if motorists aren’t driving defensively.
Spring auto accidents may result in serious injuries, emotional trauma and property damage. Injured drivers may be left with excessive medical bills and unable to return to work. A car accident attorney in Tennessee may provide accident victims with the legal counsel they need to resolve their problems and obtain compensation for their injuries.
by Queener Law | Apr 13, 2015 | Auto Accident, Tennessee
Tennessee residents are no strangers to the life-altering effects that car accidents can cause. Since 2004, more than 3.5 million car crashes have occurred in the state. These accidents claimed 12,072 lives and caused millions of injuries. Unfortunately, these numbers have not significantly reduced over time. According to the Tennessee Department of Safety and Homeland Security, Research, Planning, and Development, between 42,700 and 50,400 individuals were injured in Tennessee in 2014 alone. Another 673 people were killed that year.
The most unfortunate detail regarding these accidents is that they are largely preventable in nature. As commonly seen throughout the U.S., most car accidents in Tennessee are caused by driver error. A Tennessee car accident attorney understands that if motorists were simply better prepared for certain road conditions, or made more safety-conscious choices, fewer lives would likely be affected.
Common causes of accidents
A Tennessee car accident attorney may see a wide variety of car accidents every year. The TDSHS lists the following as the most common contributing factors of car accidents in the state:
- Careless or erratic driving
- Failure to keep in proper lane or running off the road
- Failure to yield right of way
- Following improperly
- Inattention
- Distraction
Many circumstances can cause these accidents to occur, and each citation may be related to other underlying causes. Responding officers often cite speeding, failure to obey traffic controls and improper lane changes when creating traffic accident reports, yet these citations may come from a single offense of driving under the influence of alcohol.
A Tennessee car accident attorney understands that today, education is the best defense against being involved in a car accident. To increase their chances of staying safe on the roads, drivers should consider the following in-depth look at some of the most common and dangerous causes of motor vehicle accidents in Tennessee today:
Reckless driving
Although many motorists may believe that reckless driving is most often caused by young male drivers, A Tennessee car accident attorney understands that the practice is actually prevalent among all demographics. In 2013, over 3,000 accidents occurred in Tennessee in which reckless driving was listed as a major contributing factor. Although the rate of reckless driving has decreased over the past ten years, these numbers are still unacceptably high because of the completely preventable nature of these crashes.
The act of reckless driving is a misdemeanor criminal charge in Tennessee. Drivers may be convicted of the offense if officers believe they were driving “in willful or wanton disregard for the safety of persons or property.” Some practices that may constitute reckless driving include swerving, speeding, weaving in and out of traffic or driving in any way that puts others at risk.
Dangerous weather conditions
A Cambridge City man was recently killed in a weather-related accident that took place near LaFollette. Pal-Item reports that the 69-year-old man was driving his RV along I-75 with his wife when he lost control of the vehicle due to the snow and slush in the area. His vehicle crossed the median and struck a cable barrier, which caused the RV to land on its side. An oncoming car then collided with the RV, injuring both passengers. The motorist’s wife was severely injured as well. In ideal weather conditions, this accident may not have occurred.
A Tennessee car accident attorney knows that winter weather can often create dangerous driving conditions. This was recently seen in the storms that bombarded the state with sleet, snow and ice. The Tennessean reports that the storm was so severe, government officials declared a Level III State of Emergency and asked for residents to do all they could to stay off the roads until the weather improved. Some motorists were unable to comply with the warning and were caught in the storm. At least 6 people died in motor vehicle accidents due to the severe weather in just one short week.
Although this severe storm is a rare occurrence in Tennessee, wintery weather conditions are a reality. Drivers should always be prepared with proper equipment and training before they attempt to drive in snowy and icy conditions each winter.
Speeding
When motorists fail to abide by the legally posted speed limit for a certain area, they are guilty of speeding. According to the TDHSH report, the dangerous act was associated with 6,200 accidents in 2013. The National Highway Traffic Safety Administration reports that roughly 250 people die each year in the state due to speeding-related accidents. The general dangers of speeding are well known, yet some motorists fail to believe that they will have a problem controlling their vehicles at all times. Unfortunately, that is often not the case.
As motorists drive at greater and greater speeds above the legal limit, they greatly increase their chances of being involved in an accident. As speeds increase, it increases the distance covered while motorists respond to potential hazards and the distance required for a car to stop. A Tennessee car accident attorney should understand that this makes it more difficult to stop in time to avoid an accident.
Speeding may also be a contributing factor in loss of vehicle control. At greater speeds, the laws of physics take over and motorists often find it difficult to navigate tight turns or evade potentially dangerous objects. An additional danger to speeding comes with the increased force with which speeding vehicles collide with other objects. The faster a car is traveling, the harder it will hit and the greater damage it will cause.
Driving while distracted
A Tennessee car accident attorney often hears about distracted driving accidents. With the advent of cell phones and other technology often used in vehicles, motorists are allowing themselves to be more distracted at greater rates. While cell phones get the brunt of the blame, several studies by government and private researchers have concluded that other distractions can be just as deadly.
According to Distraction.gov, distraction comes in three main forms: visual, manual and cognitive. Visual distraction occurs when motorists perform tasks that take their eyes off of the road. This could be as simple as changing a radio station, looking in the back seat or glancing at a cell phone text message.
Manual distraction occurs when motorists take one or more hands off of the steering wheel. Eating, drinking, changing a cd, putting on makeup and reaching for objects within the vehicle are all manually distracting events.
Among the forms of distraction, cognitive may be the most dangerous. When drivers are cognitively distracted, their minds are no longer on the task of driving. This can occur due to daydreaming, preoccupation with conversations with vehicle passengers, talking on a handheld or hands-free device, or writing text messages or posts for social media sites. This form of distraction is so dangerous because many drivers may be unaware they are distracted until an accident occurs.
Nationally, over 3,000 people were killed due to distracted driving accidents in 2013. In Tennessee in 2014, distraction was cited as a contributing factor in over 21,000 accidents. This statistic would not surprise a Tennessee car accident attorney. However, the true numbers are likely much greater because few drivers readily admit to being distracted due to fear of the consequences. Furthermore, accidents cited as being caused by failure to keep in proper lane, which occurred 22,833 times in 2013 in Tennessee, are often caused by distracted drivers.
Driving under the influence
Like distracted driving, driving while under the influence of alcohol is a well-recognized offense. In 2013, 6,928 alcohol-related accidents occurred in Tennessee, leading to the deaths of 277 individuals. Mothers Against Drunk Driving reports that this represents 27.8 percent of all traffic deaths in the state. This cost the taxpayers there an estimated $1.3 billion that year alone. Additionally, MADD reports that 59,208 individuals who were cited in the state for DUI that year were three-time offenders. Another 17,342 were five-time offenders. These figures show that DUI continues to be one of the biggest challenges for motorist safety.
While the dangers of driving under the influence are obvious, a Tennessee car accident attorney sees too many people who fail to take the dangers seriously. News 3 Memphis reports that a 21-year old Memphis man recently chose to drive while intoxicated and killed a 55-year-old woman. The young driver failed to slow down for a red light and drove his pickup truck into an intersection. The pickup collided with the woman’s vehicle so forcefully that the crash ejected her from the car, killing her. The intoxicated driver and his passenger, who were unhurt in the accident, fled the scene but were later apprehended. Officers found open beer cans in the man’s car and have charged him with DUI and vehicular homicide.
Seek help for all accidents
No matter what causes car accidents, those that survive may be left dealing with the consequences for the rest of their lives. Accident victims may face years of recovery, including surgeries, physical therapy, counseling and chronic pain. Those who have been affected by a car accident should contact a Tennessee car accident attorney immediately. With an attorney’s help, victims and their families can overcome the devastating effects of a car accident and gain the financial and emotional assistance that they need to rebuild their lives.Categories
by Queener Law | Mar 12, 2015 | Auto Accident, Tennessee
A week of winter storms recently left Tennessee in a state of emergency for days. Over 60,000 people were without power throughout the state as the result of some of the most severe weather in recent memory. Roadways, windshields and power lines were all coated in a thick layer of ice that left motorists stranded on unsafe roads.
This ice, known as black ice when it clings to the roads and pavement, is one of the most dangerous hazards motorists faced during the storm. It receives the name not from its color, but from its tendency to look exactly like the roads beneath it. A car accident attorney in Nashville knows that when motorists drive over black ice on the roads, they have no forewarning and are often left at the mercy of the ice.
What is black ice?
According to Accuweather.com, black ice usually forms when the air is at or below 32 degrees at the surface and it is actively raining. The ground is so cold that the water freezes on impact and creates a sheet of black ice. The ice can range from relatively thin to inches in thickness, depending on the weather conditions. Sleet may also generate black ice, as can the refreezing of water or snow as temperatures rise and drop throughout the day and over time.
The most common time for black ice to form is at dawn and late in the evening on wintry days. This is when temperatures are usually the lowest. The substance can often be found in shaded or tree-covered driveways and roads because of the sun’s inability to penetrate and melt the ice. Other common areas in which it forms are bridges and overpasses because they often freeze quickly. A car accident attorney in Nashville understands that motorists should always use extreme caution when driving in these areas in weather with at- or below-freezing temperatures to avoid dangerous accidents.
Preventing accidents
The most obvious way to prevent potentially fatal collisions in winter weather is to stay off of the roads. Unfortunately, this is not always possible. When unavoidable, the key to driving safely in dangerous weather is to drive slowly and carefully. No matter what roadways motorists use, they should never go above 45 miles per hour in icy conditions. If a vehicle begins to slide or fishtail, the motorist is going too fast for the road conditions. When black ice is present, motorists may be injured in an accident while driving at only 10 miles per hour, so constant vigilance is required.
Those who have been injured or whose loved ones have been killed in winter accidents may have a valid personal injury claim. Injured parties should contact a car accident attorney in Nashville for a case review and to help them through the claims process.
