by Queener Law | Jan 16, 2018 | Colorado, Kentucky, Tennessee, Trucking Accident
Following an increase in truck accident fatalities over the past seven years, survivors and safety advocates are urging the Federal Motor Carrier Safety Administration to finalize multiple safety regulations that have been placed on hold. Truck Safety Coalition members attended the nomination hearing of the new administrator of the FMCSA in Oct. 2017. They wanted to draw attention to the importance of a number of safety regulations in the hope that the FMCSA would finalize the rules and begin enforcing them. However, the anti-regulatory environment makes it less likely that the rules will be finalized in the next few years.
Safety Rules at Issue
Despite the push by lobbyists for another delay, the electronic logging device mandate went into effect on Dec. 18 as scheduled. Trucks must now have electronic logging devices installed that track when the trucks are moving. It is thought that the ELD mandate may prevent truck drivers from falsifying their logbooks to get around hours-of-service rules.
Other regulations have not been finalized or implemented, however. A proposed sleep apnea rule that would have required screening for sleep apnea that is similar to what is required of pilots was withdrawn by the FMCSA. Sleep apnea interferes with sleep patterns, causing people who suffer from the condition to feel fatigued. The sleep apnea rule was meant to reduce drowsy and fatigued driving by truck drivers.
Advocates have also been calling for an enhancement in driver training rules to require more hours behind the wheel. The proposed rule that would have required trucks weighing more than 26,000 pounds to have speed limiting devices installed has also not been finalized. The Trump administration is still considering it, and it is uncertain whether or not it will be enacted.
Truck Accident Increases
Truck accidents have increased over the last seven years. In 2016, there were 4.317 people who were killed in accidents involving large trucks. Many of these accidents were caused by some of the issues that the proposed regulations would address. Despite this, it is unlikely that the FMCSA will act to prioritize safety because of the anti-regulatory push in the administration.
by Queener Law | Jan 11, 2018 | Personal Injury, Tennessee
n Tennessee, the number of hit-and-run accident deaths has increased as more people are choosing to ride their bicycles or walk as a means of transportation. Drivers tend to flee the scene when accidents happen at night or in areas in which they are less likely to be caught. It is illegal for drivers to leave the scene of accidents, fail to report accidents, or fail to give aid to the victims. If hit-and-run drivers are caught, they may face severe criminal penalties. The victims of hit-and-run drivers or the families of people who are killed may also hold them accountable for their actions in civil cases.
Hit-and-Run Death Rates
According to the AAA Foundation for Traffic Safety, deaths in hit-and-run accidents have increased by 62 percent since 2009. In 2016, 2,049 people in the U.S. were killed in hit-and-run accidents, and 68 percent of the deaths involved pedestrians or cyclists. During the same time period, more people are choosing to ride their bicycles or to walk to work.
When Hit-and-Run Accidents Occur
Hit-and-run accidents are likelier to happen at night or in areas where the drivers are less likely to be seen. A greater percentage of the accidents occur between midnight and 4 a.m. and on roads that have lower speed limits. More fatal hit-and-run accidents also happen in places that have a lot of foot traffic.
According to Jake Nelson, AAA’s director of traffic safety advocacy and research, smartphones are playing a significant role in the number of hit-and-run accidents. While Nelson suggests bike lanes and walkways that are protected by barriers as a solution, critics claim that these wreak havoc on parking and travel lanes for drivers.
Drivers who leave the scenes of fatal accidents may face long prison sentences if they are caught. Despite the potential penalties, the number of accidents has still increased. Drivers should make certain to watch for pedestrians on the sides of the roads who might cross. If pedestrians cross the road, drivers should slow down and stop even if the pedestrians aren’t in crosswalks. Drivers should also give cyclists enough room when they pass. Pedestrians and cyclists should watch for cars and take steps to avoid them.
by Queener Law | Jan 8, 2018 | Auto Accident, Tennessee
When a motor vehicle collision occurs in Tennessee, all drivers are required to exchange important information, but some drivers refuse to provide the required information despite the law. The refusal to exchange essential information can be considered a hit-and-run. Victims of car accidents in which the drivers will not exchange their information may be able to enlist the help of law enforcement, an auto accident attorney, or their insurance company to track down the other driver and his or her insurance information.
Why Do Drivers Refuse to Give Information?
Drivers may refuse to provide their information for several reasons. They might not have insurance or a driver’s license. They might also be driving stolen cars or vehicles they didn’t have permission to drive. Some drivers may also already have multiple accidents on their records and withhold information to avoid higher insurance premiums. Finally, some drivers may be reticent to provide their information because they are under the influence of drugs or alcohol. No matter what the reason might be, it is best for people to avoid getting into a confrontation with the drivers and instead to take action to protect themselves.
What to Do When Drivers Refuse
When drivers refuse to provide their information, people should call the police. They should also remain calm and gather as much evidence as they can. Accident victims should also take photographs of the accident scene that clearly show the damage to both vehicles. Drivers should write down the license plate number, make and model of the other vehicle. If there are witnesses to the accident, they should write down their names and contact information. People should report the accidents to their own insurance companies. The companies may be able to identify the drivers from the license plate numbers and then obtain their insurance information. Even if the drivers will not initially provide their information, they may be more willing to give it when the police arrive. If the driver is uncooperative, people should simply do what they can to gather evidence and wait for law enforcement to arrive on the scene.
by Queener Law | Dec 27, 2017 | Auto Accident, Colorado, Kentucky, Tennessee
Because car manufacturers tend to design their vehicles to pass the existing safety tests, the Insurance Institute for Highway Safety recently instituted new tests that rate cars for passenger safety. In the past, manufacturers had focused on driver safety since that was what the tests looked for. The IIHS asserts that it is important to improve passenger safety so that it is equal to the safety standards imposed for drivers.
IIHS Safety Tests
The Insurance Institute for Highway Safety performs tests each year on newly released vehicle models. The tests are influential and let customers understand how safe the different models are so they can make informed purchasing decisions. Because of the importance of these tests, vehicle manufacturers tend to design their vehicles to pass them. In the past, the tests have focused on the safety of drivers. Recently, however, the IIHS has been concerned about making certain that the manufacturers also design their vehicles to be equally safe for passengers. It added passenger-side front crash tests to its safety testing regimen this year.
Test Results
The IIHS tested 13 vehicles with its new passenger side 40 mph frontal crash test. Of the vehicles that were tested, 10 received good ratings from the IIHS. Out of the remaining three, the Volkswagen Jetta was rated as acceptable while the Chevrolet Malibu and the Volkswagen Passat received ratings of marginal. The IIHS recommends that manufacturers optimize the safety of their airbags and headrests to equalize the safety of vehicles for passengers as well as drivers.
While enhanced safety measures won’t prevent all motor vehicle injuries from occurring, they can help to minimize the risks of serious injuries or fatalities when accidents happen. The IIHS designs its tests so that consumers can use the results as one factor in their decisions about which vehicles to purchase. People who are in the market to purchase new cars may now have access to more accurate safety ratings due to the changes. Because car manufacturers are aware that consumers pay attention to IIHS ratings, they might be led to add enhanced features to their vehicles to make them safer for all passengers.
by Queener Law | Dec 18, 2017 | Tennessee, Trucking Accident
Advanced safety technology in large trucks may greatly reduce the number of truck accidents in Tennessee and elsewhere, according to a new report. The AAA Foundation for Traffic Safety found that 63,000 truck accidents could be prevented each year if trucking companies installed safety technologies on all of the trucks in their fleets. The organization reviewed data about lane-departure warning systems, automatic braking systems, video safety systems and air disc brakes and recommended that companies install all of them.
Effects of Safety Technology
The AAA Foundation for Traffic Safety reviewed the literature of truck accidents and the data about various types of safety technology. They found that the installation of lane-departure warning systems in all of the trucks in the U.S. could save 115 lives, prevent 1,342 injuries and result in 6,372 fewer crashes each year. Onboard video safety systems would prevent 17,333 injuries, save 293 lives and prevent as many as 63,000 truck accidents annually.
The foundation also found that automatic brake systems could save 55 lives and prevent 5,294 accidents and 2,753 injuries. Finally, air disc brake installations could save 37 lives while preventing 2,411 accidents and 1,447 injuries. The foundation recommends that these systems be installed on all trucks to help to prevent truck accidents that cause severe injuries and death.
Why Aren’t the Systems Used More Often?
These technologies are relatively new and are treated as options instead of as standard equipment on new trucks. Some carriers choose to purchase trucks without these options to save money. In addition, many carriers have fleets of trucks that are older. They argue that the cost of retrofitting their fleets would be prohibitive. There are no current regulations that require that manufacturers include these systems on new vehicles or that companies install them on their existing fleets.
Despite the initial cost outlays, companies could derive several benefits by installing advanced safety technology in their fleets. They could help to prevent accidents, deaths, and injuries. The installation of safety technology could also save substantial amounts of money over the long term by reducing the number of claims and payouts. When truck accidents happen, a truck wreck attorney may represent injured victims to help them to recover damages from the trucking companies and drivers for their losses
by Queener Law | Dec 7, 2017 | Bicycle Accident, Tennessee
Two-thirds of hospitalizations and approximately 75 percent of fatalities that are caused by bicycle accidents are a result of head injuries. According to extensive research, one of the most effective ways to prevent head injuries in cycling accidents is to wear a helmet. Historically, helmets have been shown to reduce the risk of head injury by about 50 percent, and the risk of severe face, head, and neck injury by approximately 33 percent.
Bicycle Helmet Laws in Tennessee
In Tennessee, it is unlawful for any person under the age of 16 to operate a bike or be a passenger on a bicycle without wearing a protective bicycle helmet that is properly fitted and secured. It is also illegal for parents and guardians to permit children under 12 years of age to ride bicycles without helmets. Additionally, it is unlawful for businesses to rent or lease bicycles to kids under 16 unless they have a helmet in their possession at the time of the rental or one is provided with the lease. When serious injuries or fatalitiesoccur, parents, guardians, and businesses who violate these laws may be able to be held liable for the damages that are suffered.
There are currently no laws in place in Tennessee that govern the use of bicycle helmets by adults. Society has been thoroughly educated about the benefits of wearing a helmet when cycling, and although wearing a helmet lowers the odds of a serious head injury occurring, many adults still choose to ride unprotected. The risk of severe complications from head injuries caused by bicycle crashes increases with age, however, and adult cyclists should wear properly fitted helmets as well.
Choosing the Right Helmet
Smart decisions lead to safer outcomes. Cyclists should follow certain guidelines when choosing a helmet:
- Snug Fit –A helmet should fit snugly and not move when the head moves forward to back or side to side. Trying on a variety of helmets is suggested to assure a good fit.
- Good Ventilation – A helmet should have good ventilation to increase comfort, particularly in hot temperatures.
- Comfortable Weight – Although helmet weight does not vary tremendously, slight weight variations can make a difference in comfort levels.
- Enjoy Wearing – It is important to pick a helmet that is easy to wear, as it is more likely it will get use all of the time if the rider is happy with it.
