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.
by Queener Law | Mar 11, 2015 | Tennessee, Trucking Accident
According to 19 Action News in Cleveland, the Ohio Highway Patrol recently released a video taken of a truck driver as he was apprehended for driving his rig while intoxicated. The middle-aged man indicated that he had consumed three beers and officers determined through administration of a breathalyzer that he had a blood alcohol content level of 0.32.
A truck accident lawyer in Nashville knows that the Federal Motor Carrier Safety Administration rules prohibit truckers from going above a 0.4 BAC and state that commercial truckers should refrain from driving within 4 hours of drinking alcohol. Following these federal regulations, the trucker was at 8 times his legal limit. Officers indicated that this was the driver’s third drunk driving case. If this truck driver had not been stopped, he may have caused a serious accident that claimed the lives of others.
About the federal clearinghouse
In order to combat the rising issue of drunk truck drivers, and to comply with federal laws recently passed by Congress, the Federal Motor Carrier Safety Administration has proposed the creation of a drug and alcohol clearinghouse. Commercial Carrier Journal reports that the rule will establish a national database of commercial driver’s license holders who have refused to participate in drug testing as well as those who have failed drug testing for various substances including alcohol and marijuana.
Other parties, such as Medical Review Officers and substance abuse professionals would add their information to the clearinghouse as well. Under the rule, carriers would also be required to use the database to examine the actions of their current drivers. Conversely, when truckers with substance abuse problems have undergone the required level of treatment, they can be cleared for safety-sensitive functions within the database.
Potential effects of implementation
The goal is for carrier companies to have a one-stop verification point which they can turn to in order to find information on potential drivers. Many proponents of the clearinghouse claim that if carrier companies know about drivers’ past choices, they will be able to make more informed decisions about the truckers that they hire to fill the vast shortages currently seen within the industry. A truck accident lawyer in Nashville understand that this could help keep unfit drivers off the roads and prevent deadly trucking accidents. An implementation date for the clearinghouse has not yet been announced and the American Trucking Associations has put its full support behind the rule.
While the numbers of drunk and drugged truckers is less than seen with regular drivers, the reality is that even one preventable death is too many. Those who have been affected by the negligent acts of a drunk commercial driver should contact a truck accident lawyer in Nashville immediately for assistance.
by Queener Law | Mar 9, 2015 | Motorcycle Accident, Tennessee
Motorcycles are notorious in Tennessee and across the nation for being inherently dangerous vehicles. A Tennessee motorcycle accident attorney understands that in many cases the vehicle’s reputation may not be an accurate assessment of its safety around other vehicles. According to a recent study performed by the National Highway Traffic Safety Administration, most crashes between motor vehicles and motorcycles occur because the drivers of the cars fail to properly yield the right of way to oncoming bikers.
About the study
To reach their conclusion, the NHTSA performed a study with the main purpose of determining why so many motorcycle fatalities result from two-vehicle crashes. They also aimed to determine factors involved in these accidents. Researchers relied on data from the Fatality Analysis Reporting System, a nationwide census that tracks yearly public data for fatal motor vehicle accidents, for the study. They analyzed data trends for crash characteristics, vehicle type, and the role of the driver and operator in each accident.
The results were reported in Fatal Two-Vehicle Motorcycle Crashes. In it, researchers showed that more than 85 percent of two-vehicle crashes which resulted in the death of one or more motorcyclist involved passenger vehicles. Moreover, 90 percent of those killed were the motorcyclists, and eight percent were passengers on motorcycles. Only two percent of those who were fatally injured were occupants of passenger vehicles. The research also revealed that a startling number, 35 percent, of passenger vehicle motorists involved in these accidents were the ones who failed to yield the right of way. Only four percent of motorcyclists failed to yield to other motor vehicles.
Preventable accidents with real consequences
A Tennessee motorcycle accident attorney knows that accidents similar to those the researchers used for the study happen daily in Tennessee. ABC News 2 in Nashville reports that a biker was critically injured in an accident when he recently crashed into a minivan in Belle Meade. The accident occurred at the intersection of Harding Place and Harding Pike when the driver of the minivan turned left and into the biker’s path. The motorcyclist was taken to the hospital with serious leg injuries, and doctors indicated that he may possibly lose his leg.
Preventing these deadly collisions
These car and motorcycle accidents occur often, but both motorists and bikers can take steps to help minimize the chances that they will be involved in a similar crash. Researchers with the NHTSA indicate that the largest tool motorists can use is motorcycle awareness. Motorists should also make it a habit to look twice for motorcycles before pulling out into traffic.
Bikers can do their part by wearing bright colors or reflective clothing to increase their visibility and the likelihood that they will be noticed. When these tactics fail and accidents do occur, injured motorcyclists should contact a Tennessee motorcycle accident attorney immediately for legal assistance.
by Queener Law | Mar 8, 2015 | Auto Accident, Tennessee
The effects of alcohol on motorists have been clearly documented through decades of continuous research. However, a car accident lawyer in Tennessee knows that the effects of cannabis use on drivers has seen less exposure. With the recent legalization of cannabis in many states in the U.S., a new focus is being placed on how it affects motorists, especially when used in conjunction with alcohol.
Researchers with VA Connecticut Healthcare and Yale University School of Medicine recently carried out a study in which they examined how dangerous the practice of driving under the influence of both alcohol and cannabis can be. Their findings indicate that combining the drugs may be more dangerous than using either substance alone.
About the study
The study, which was published in the American Journal of Addictions, focused on reviewing existing scientific evidence on the effects of driving while drugged with marijuana and comparing them to the effects of driving while inebriated. The researchers found that overall, cannabis users have an increased awareness of their impairment due to the nature of the drug. Therefore when they drive, they take extra precautions to ensure that they drive safely. However, when drivers use cannabis and alcohol together, they are no longer able to use these coping strategies. Instead, they become significantly more impaired. This was seen even at doses that would have caused insignificant impairment had just one drug been used.
Statistics demonstrate the potential danger
Due to the increasing rate of drug use, a car accident lawyer in Tennessee would likely argue that the dangers of combining alcohol and drugs can no longer be ignored. According to the National Survey on Drug Use and Health, substance abuse or dependence problems plague around 22 million Americans. Furthermore, the survey reports that 9.9 million people over the age of 12 reported driving under the influence of illegal drugs.
Real effects on real families
ABC affiliate Wate.com reports that a small boy was recently killed when he was in an accident with an inebriated and drugged driver. The 7-year-old boy was riding as a passenger in a van when the driver of the vehicle crossed the center line and drove into a ditch on the opposite side of the road. The car hit a tree at full speed and caught fire. Both the 31-year-old driver and another 9-year-old passenger were seriously injured in the accident. The Tennessee Highway Patrol reports that the driver tested positive for both alcohol and drugs.
Motorists and pedestrians who have been injured due to the negligent acts of a drunk or drugged driver should contact a car accident lawyer in Tennessee. With their assistance, injured parties may be able to receive just compensation for their injuries and move on with their lives.
by Queener Law | Mar 7, 2015 | Tennessee, Trucking Accident
Approximately 1,241 large truck accidents occurred in Davidson County in 2013, according to the Tennessee Department of Safety and Homeland Security. In 2012, there were 1,391 accidents involving large trucks on Tennessee roadways. The National Highway Traffic Safety Administration reported that at least 10 percent of these deadly truck accidents were caused by jackknifed tractor trailers. The sheer size and weight of tractor trailers alone make them dangerous to motorists, a fact known by a Tennessee truck accident lawyer.
When these massive vehicles are operated by poorly trained or inexperienced truckers, the threat of a jackknife truck accident becomes even greater. Some people believe that there are ways these devastating accidents can be avoided. By taking the proper precautions, truckers could save the lives of thousands of people each year.
What is a jackknife truck accident?
According to the NHTSA, over 90 percent of all jackknife truck accidents involve single tractor trailers. When a trucker loses control of the tractor trailer’s angle, the trailer can swing out alongside the tractor and may come to rest at an awkward angle. There are several ways this can happen, according to Protective Insurance. Truckers who slam on their brakes may cause the trailer to skid out of line with the truck. A jackknife accident can also occur if the trucker approaches a turn too fast and the truck’s tires are unable to maintain its direction.
Motorists may see more jackknifed trucks during inclement weather conditions when the roads are slippery. A Tennessee truck accident lawyer notes that truckers have an increased chance of jackknifing on roads with tight curves. Tractor trailers that are empty or carrying light loads might struggle under the pressure of the truck’s forceful braking system. It is easy for the brakes on these lighter trucks to lock up, causing the trailer to swing wide. Although heavier trucks are less likely to swing out of alignment, big rigs with unbalanced brake systems are at greater risk for creating an incident.
Preventing jackknife accidents
In many cases, jackknifing is preventable. Truck drivers in Tennessee and across the country should be properly trained on how to avoid jackknifing. The key to preventing a jackknife truck accident is to reduce the speed of the tractor trailer, especially during bad weather conditions. Trucks traveling at more than 55 mph are more likely to lose control of the trailer’s angle. If truckers should find themselves in a situation where they are skidding to the side, they should gently ease up on the brakes and attempt to straighten out the trailer.
Jackknife truck accidents can cause serious injuries and the unnecessary deaths of innocent motorists. Truckers should be aware of how to react in these dangerous situations in order to prevent accidents from occurring. Negligent truck drivers who do cause an accident may be held liable for their actions. A Tennessee truck accident lawyer may be able to help victims of tractor trailer collisions.
