by Queener Law | Nov 10, 2014 | Tennessee, Trucking Accident
Although driving a large commercial truck requires skill and concentration, some truck drivers engage in distractive behaviors while sitting behind the wheel for an extended period of time. Just as distracted driving is extremely dangerous for Tennessee motorists, it is especially hazardous for large truck operators, as they are responsible for handling vehicles weighing up to 80,000 pounds. When truck drivers remove their focus off of the road it can result in devastating truck accidents.
According to the National Highway Traffic Safety Administration, 3,802 people lost their lives in large truck accidents in 2012. Approximately 107 of those deaths occurred in Tennessee and many of them stemmed from distracted truck drivers.
Types of truck driver distractions
According to U.S. News, the following activities are significant sources of truck driver distraction:
- Talking or texting on a cellphone: Engaging in these activities while driving inhibits a truck driver’s ability to mentally focus on the road. Texting while driving is also against the Federal Motor Carrier Safety Administration’s regulations, which ban the practice for commercial truck drivers in America.
- Eating: Driven by the need to meet an important deadline or make some addition money on their next paycheck, truck drivers may choose to have their meal while behind the wheel. Not only does eating and drinking while driving require the truck driver to remove their hands from the steering wheel, but spilled food can create a vehicular hazard.
- Programming navigation devices and switching radio stations: Whether truck drivers are adjusting the radio, searching for a CD or programming a navigation device, their eyes, hands and mental focus are taken away from the task of driving. This brief interference increases the risk of serious injury to other motorists on the road.
A distracted truck driver was charged with second-degree murder, six counts of criminal damage and 13 instances of endangerment stemming from a devastating truck accident. According to the Huffington Post, the truck driver’s dash camera recorded him watching videos on his cellphone while driving along the Arizona highway. It also recorded the commercial truck quickly approaching a law enforcement vehicle, which was parked alongside the road. The tractor trailer was going 65 miles per hour when it struck the vehicle, instantly killing the officer inside.
Taking action
In an attempt to reduce the number of serious injuries and fatalities that occur each year as a result of distracted truck drivers, the Federal Motor Carrier Safety Administration has enacted a ban on texting and driving. The law also restricts truck drivers from reaching for and holding a cellular device while driving. Truck drivers caught engaging in these illegal behaviors may face significant fines of up to $11,000. Although hands free cellular devices are legal to use, many studies show the inherent dangers that cognitive distraction has on commercial truck drivers.
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 4, 2014 | Motorcycle Accident, Tennessee
Although motorcyclists have the same rights as all other types of vehicles on Tennessee roadways, many drivers seem oblivious to their existence. The reason for this phenomenon may lie in the results of a recent study conducted at Monash University. According to Science Daily, the study looked at how likely people are to perceive certain types of vehicles that they are not used to driving around. This behavior may increase the risk of motorcycle accidents.
Motorcycle perception
In order to get a better insight into how motorists perceive their driving environment, researchers used vehicle simulators to evaluate whether or not drivers reacted to certain vehicles that they passed in traffic. Researchers asked test subjects to identify both motorcycles and buses, and then controlled the instances of when and where they appeared. While half of the drivers received more buses during the experiment, others were given more motorcycles.
The results showed that most drivers selectively attended to whichever type of vehicle showed up most frequently in their experiment. Those who were given more motorcycles were able to see them from a further distance and were less likely to spot the buses. Drivers who had more buses in their traffic simulation paid less attention to passing motorcyclists. The outcome supported the theory that when people see more of something, they are more likely to watch out for them.
Watching out for motorcycles
In many cities across America, motorcycles are clearly outnumbered by cars, trucks and tractor trailers. If the results of the study hold true, vehicles may be more likely to cause a disastrous motorcycle accident if they are unaware that the motorcycle is there.
A study evaluating over a decade of motorcycle accidents in Florida found that in a majority of the incidents, the vehicle was responsible for causing the accident. The study published in the Sun Sentinel showed that many accidents were caused by negligent drivers who failed to yield to oncoming motorcycles, possibly because they were unable to accurately perceive the motorcycle’s distance or they failed to notice them altogether.
Motorcycle fatality rate
The motorcycle fatality rate in the United States has been steadily increasing over the past five years, jumping from 4,603 deaths in 2009 to 5,080 fatalities in 2012, according to the National Highway Traffic Safety Administration. With a substantial increase in motorcycle deaths and injuries, people are looking for ways to increase motorcycle awareness and safety.
If drivers are more aware of their tendency to overlook motorcycles, they may be more cautious when driving alongside motorcycles on Tennessee roadways.
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.
