Car wrecks in snow and ice happen in the mountains, on highways, and even on your way to work.
Drivers have important duties when driving in snow and ice. All drivers have a duty to drive at a safe speed for the conditions, even if that means going well below the posted speed limit. Drivers also have a duty to maintain control of their vehicle, even if they hit an icy patch. And equally importantly, drivers must follow at a safe enough distance to stop without hitting the car in front of them, regardless of the road conditions.
When people get in car wrecks in snow and ice, the at-fault party almost always blames the weather.
They say it’s the ice’s fault they crashed into you and caused you injury. That’s not how the law sees it. When a driver hits you during snow and icy conditions, they are still responsible for the injuries and damage they cause.
At Queener Law, we regularly represent people who have been injured in car wrecks in snow and ice.
The injuries from these types of wrecks can be severe and long-lasting. We will ensure that the insurance company for the responsible party takes accountability. The team at Queener Law will get you compensated for the harms and losses you suffered because another driver failed in their duties.
After nearly four years of fighting, Queener Law won a jury verdict in Arapahoe County, Colorado, against Starbucks.
For years, Starbucks Coffee Company knew that its roof and downspout leaked onto the sidewalk. In the colder months, the water on the sidewalk froze solid, covering the entire corner of the pavement. Customers walked across that pavement to get to their cars after spending money on coffee and tea at Starbucks. Employees complained. Customers fell and were injured. Yet Starbucks did nothing to fix it.
Sometimes Starbucks threw ice melt on the sidewalk. Sometimes they shoveled it. Most of the time, they did nothing.
In 2019, our client stopped at Starbucks to get tea on his way to a business meeting. When he was walking back to his car, he came around the blind corner and stepped on the sheet of ice. His feet flew out from under him and he landed on his back and outstretched arm. He tore his shoulder and suffered multiple, severe injuries to his spine. Our client went to the emergency room and a series of specialists. He had shoulder surgery, spinal procedures, and years of rehabilitation.
What did Starbucks do? Nothing. They did not make an incident report. They did not offer to pay his medical bills.
Starbucks offered him a $50 gift card and their well wishes.
It took our client nearly $200,000 in medical debt to get his shoulder fixed and his spine back to the point that he could still work. His spinal injuries are permanent and he will never be the same. But all Starbucks offered him was that $50 gift card.
Queener Law’s history shows our team wins trials.
We took the case on his behalf and pushed Starbucks to take accountability.
During the litigation, Starbucks’ representatives testified that Starbucks maintains “a culture of safety,” but admitted that nothing was done on the day our client fell to treat the ice, warn customers, or make it safe. Nothing. Their team of attorneys created false scenarios about our client, claiming he was faking his injuries, exaggerating his losses, and maybe didn’t even fall in the first place. The Starbucks team tried any and every tactic they could to avoid taking responsibility.
At trial, our team showed video from the scene of the fall. We called our client’s doctors in to testify that not only are his injuries real, they are permanent. We had an economist testify about the financial hardships Starbucks’ negligence caused him. The proof was clear.
The Arapahoe County jury returned a verdict quickly and clearly.
They found that Starbucks was negligent and responsible for our client’s injuries. Their six-figure verdict put our client back on the road to recovery.
We are beyond grateful to our client for trusting us with his case and to the jury for bringing justice.
When Queener Law litigates cases, our team wins trials. We see justice done or we don’t quit pushing.
What should people look for when seeking legal representation for a car wreck case?
What should people look for when seeking legal representation for a car wreck case? In my opinion lawyers are a lot like doctors. So, if you’re going to have a shoulder surgery go to an orthopedic doctor who specializes in shoulder surgeries. Your odds of a greater outcome will increase.
Likewise with attorneys, if you have been involved in a serious accident with a tractor trailer, hire a personal injury attorney who has extensive knowledge of the Federal Motor Carrier Safety rules and regulations. Please don’t hire the local criminal lawyer or the estate attorney who handled your mom’s will. If you hire an attorney who does a little bit of everything…you know the saying, “jack of all trades, master of none”. How does this attorney stay on top of all those different areas of law? They don’t.
It is very important to do your research and ask questions when you hire anyone. When you call an attorney for a consultation, it’s okay to ask what types of personal injury cases the attorney has handled. Ask how often they go to trial and if they have experience working with your specific type of car wreck injuries.
Insurance companies also factor in the capabilities of the attorney on the other side. Your car wreck settlement can be affected by your attorney’s knowledge and abilities to work through the case. Choose who you hire very carefully.
Is a GoFundMe Account a Good Idea After a Car Wreck in Tennessee?
Attorney Henry Queener
Starting a GoFundMe account after a car wreck may sound like a good idea, but did you know that it could affect how your car insurance pays out? Let me briefly illustrate a scenario for you.
Let’s say you are in a car wreck, caused by someone who was distracted by their cell phone. In this situation, you have no health insurance, and your medical bills total a whopping $35,000. The guy who ran the stop sign has no car insurance. You have full coverage under Tennessee law, including uninsured motorist (this covers you when the at- fault driver does not have car insurance). However, your underinsured motorist policy limit is $25,000. Since your medical bills total $35,000, you decide to start a GoFundMe account and successfully make up the $10,000 difference. Time to celebrate this brush with medical debt? Nope.
Under Tennessee law your underinsured motorist carrier gets a credit for any money you raise from any source. Yep, that’s right! So, your check from the insurance company is only for $15,000, not the policy limit of $25,000. The $10,000 you raised from your GoFundMe account saved the insurance company from paying its policy limit of $25,000. You essentially worked for an insurance company for free and still have $10,000 in medical bills!
Before you talk to an insurance company or agree to any settlement offers give our Tennessee Accident Attorney Henry Queener a call. If you deal with them first, you could forfeit your right to fair and appropriate financial recovery. When you need a Tennessee accident attorney contact Queener Law for a free case evaluation.
Distracted driving has become an epidemic across the country with Tennessee leading this unfavorable distinction. A recent study identified Tennessee as having the highest rate of distracted driving deaths in the nation, suffering nearly five times the national average of collisions due to distraction. Even with fewer drivers on the road during the Covid-19 pandemic, Tennessee reported over 9,000 distracted driving accidents. Distracted driving is not only texting while driving. It could also be setting your GPS, talking on your phone, eating or even applying makeup. Any activity behind that wheel that takes your attention away from driving is a distraction. A two second text could result in a serious crash causing injuries and fatalities. April has been designated Distracted Driving Awareness Month. It’s a great opportunity to take a minute to evaluate our driving choices and responsibilities. NHTSA has provided drivers with helpful tips listed below.
Tips to Avoid Distracted Driving
Need to send a text? Pull over and park your car in a safe location. Only then is it safe to send or read a text.
Designate your passenger as your “designated texter.” Allow them access to your phone to respond to calls or messages.
Do not scroll through apps, including social media, while driving. Cell phone use can be habit-forming. Struggling to not text and drive? Put the cell phone in the trunk, glove box, or back seat of the vehicle until you arrive at your destination.
Tennessee Law
Tennessee has taken steps to educate drivers and curb distracted driving by passing legislation in 2019 called the “Hands Free Law”. According to Public Chapter No. 412, it is illegal for a driver to:
(a) hold a cellphone or mobile device with any part of their body
(b) write, send, or read any text-based communication
(c) reach for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt
(d) watch a video or movie on a cellphone or mobile device
(e) record or broadcast video on a cellphone or mobile device
Texting while driving is considered a “primary” offense in Tennessee, meaning law enforcement officers can pull you over without having to witness any other violation if they see you texting. Furthermore, the Department of Safety and Homeland Security has stated that the District Attorney’s Office has the authority to check phone records if distracted driving is suspected after a serious injury or fatal crash. Distracted driving is dangerous, irresponsible and most importantly, preventable. The consequences can be deadly or leave those involved with serious lifelong injuries to deal with. If you were hurt in a crash by a distracted driver, you may be eligible for financial compensation. Contact our office for a free consultation or live chat with us today.
Driving in winter weather can be challenging enough. Throw in an inexperienced or even an inconsiderate driver – and you may have more than just a “wintry mix”. You could have a recipe for disaster. Getting stuck behind a driver spinning their wheels or not paying attention is annoying – and most of all, it’s downright dangerous. Even though road conditions may cause challenging driving hazards, you are still ultimately responsible for how you handle your car on the road. This means, you need to take extra precautions in inclement weather to avoid causing an accident. Winter driving calls for plenty of patience and in most cases, a little bit of common sense. Below you’ll find ways to spot a rookie winter driver – and most importantly, how to avoid looking like one yourself.
5 Common Mistakes of Winter Drivers
Speeding: Speeding can get you in trouble anytime of the year. However, speeding in snowy or icy conditions means you’re much more likely to lose control of your vehicle. Driving UNDER the speed limit in inclement weather is smart. Always allow extra time to get to your destination.
Tailgating: It’s never okay to tailgate. You should always allow plenty of distance for stopping, especially in winter months. Patches of ice are not always visible and can impede your ability to stop.
Getting stuck: Never attempt to drive through large bodies of standing water or drifts of snow. For your own safety, recognize when to stay off the road all together. It’s helpful to know current road conditions along your route.
Ice on windows: Driving without full visibility is like driving blindfolded. Always allow time for your car’s defroster to work and always use an ice scraper to clear your windshield ENTIRELY. Don’t forget to clear the snow on your car roof too!
Driving with high beams: No, high beams do not increase your vision during whiteouts or heavy snowfall. Blinding other drivers is the only thing accomplished here. Don’t be THAT driver.
Unfortunately, other people’s driving can be just as unpredictable as winter weather. Make sure to stay up to date with the most current weather forecasts and plan accordingly. The National Weather Service is a great resource to use on the go! At Queener Law, we hope everyone stays safe on the road. Contact us when you have questions related to an auto accident. We are always here to help you.
