by Queener Law | Jun 17, 2018 | Personal Injury, Tennessee
Jaywalking Laws
Most people think that jaywalking accidents are the fault of the motorist, but under certain situations, the pedestrian may be partially or totally at fault. Liability in jaywalking accidents depends on proof of fault. According to law, jaywalking violates pedestrian traffic laws set by each state. While it’s a low-level offense, most jurisdictions impose fines to violators. Jaywalking laws cover a variety of pedestrian behaviors, and they can vary from state to state. In some cases, jaywalking laws enacted by local jurisdictions are more stringent than state laws.
Jaywalking laws in all states require pedestrians to obey traffic control signs and signals. In general, traffic laws require pedestrians to yield to motorists when they are outside of a crosswalk to avoid the risk of being hit by a car. A personal injury attorney commonly sees serious injuries and fatalities caused by jaywalking accidents. Under Tennessee pedestrian laws, pedestrians have the right of way at all intersections and driveways, but they are required to obey traffic signals when available. In Tennessee, pedestrians have a duty of care for their own safety. They must yield the right of way to all moving motorists on the road. They must look both ways and exercise safe behavior when crossing the road at any point other than in a marked crosswalk or at an intersection. On roadways without sidewalks, pedestrians must walk facing oncoming traffic.
Determining Fault for Jaywalking Accidents
Tennessee traffic laws are enacted to protect both drivers and pedestrians. Drivers must yield to pedestrians crossing the street in crosswalks and school zones. They must come to a complete stop and wait until pedestrians have safely crossed. Drivers are expected to do everything possible to avoid hitting pedestrians, even if they are illegally jaywalking. Pedestrians are also required to obey traffic laws. Pedestrians who ignore traffic signs and signals put drivers and themselves at risk. A Tennessee personal injury attorney often sees pedestrian injuries that range from broken bones to death. When dealing with car accidents, Tennessee is a “fault” state. Generally, motorists have the right of way on the road and pedestrians have the right of way in crosswalks. If a pedestrian jaywalks and gets hit by a motorist, the pedestrian may be found at fault for the accident. If the motorist is under the influence of alcohol or drugs, he/she will likely be found liable, even if the pedestrian is jaywalking.
by Queener Law | Mar 24, 2018 | Personal Injury, Tennessee
When Tennesseans swim in pools and waterparks, they could become sick due to waste byproducts called chloramines and disease-causing pathogens that are present in the water if disinfection efforts are performed incorrectly. Many pools are disinfected with chlorine, but chlorine can form chemical byproducts with urine, sweat, and other organic waste that people leave in the water. These byproducts can leave a layer in the water and in the air, irritating people’s respiratory tracts. There may also be a number of disease-causing pathogens that remain behind in the water, causing swimmers to contract a variety of illnesses.
Chloramines in the Water and Air
Swimming pools may be disinfected using several different approaches, including UV light and others, but the most popular disinfection method is using chlorine because it is cheap. While chlorine can do a good job of killing most pathogens, it reacts with organic waste, such as urine, sweat, feces, and sunscreen, that is introduced by people when they swim. When chlorine reacts with these different types of waste, they can form irritants called chloramines and nitrosamines. These irritants give off gases that are heavier than the air, and they can settle around the swimming pool in the air while also settling in a thin layer on the water’s surface. These irritants have been shown to cause irritation to the eyes, nasal passageways, and respiratory illnesses, and they have been linked to certain types of cancer. Swimming pools can use ventilation systems to remove chloramines from the pool area and prevent personal injuries. If the pool owner does not have a ventilation system installed or has it installed improperly, people may become ill.
Disease-Causing Pathogens Remaining Behind
While chlorine kills many pathogens, some only die after being exposed to the chemical for 20 or more minutes. This means that people who are present in the pool when a baby in a swim diaper defecates may contract illnesses despite the presence of chlorine. Guests at swimming pools and water parks should always take showers before they enter the pool, and parents should be aware that swim diapers are ineffective for preventing contamination. Public pools should have ventilation systems installed that are working properly and they should post signs telling people to shower.
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 | Oct 9, 2017 | Kentucky, Personal Injury, Tennessee
Defective toys that have been recalled are still being sold by some online retailers, according to a recent study. It is important for parents to be aware of the toys that have been recalled so they can remove them from their homes. The toys that were found in the survey pose multiple hazards, including fires, ingestion dangers and potential neurological issues caused by lead paint. When children are injured by defective toys, a personal injury attorney may work to hold the manufacturers and retailers liable for damages.
Defective Toys Sold After Recalls
According to the U.S. Public Interest Research Group Fund in its annual “Trouble in Toyland” report, more than a dozen recalled toys were found for sale by online retailers after they were recalled by the Consumer Product Safety Commission from Jan. 2015 to Oct. 2016. During this time period, the CPSC recalled more than 40 toys, which involved 35 million individual products. The PIRG Fund recommends that parents search their homes to determine whether or not any of the recalled toys that appear on the CPSC’s recall list are in their homes.
Defective Toy Dangers
Some of the toys that the PIRG Fund discovered contained high amounts of lead paint. If lead paint is ingested by children, it can cause serious neurological problems. Also found still for sale was a flying machine with a charging cord that overheats, making it a fire hazard. One toy had two magnets that could be swallowed. If ingested, the magnets can link together in the intestines of children and cause serious medical problems.
It is illegal for retailers to sell toys that have been recalled. The PIRG Fund has notified the CPSC about the violators. The fund also recommends that parents subscribe to the CPSC’s recall list and check it frequently to make certain whether or not toys that they purchase have been recalled. If they find recalled toys, they should take steps to return them.
Children may be seriously injured or killed by defective toys. Despite the hazards they present, some sellers are still selling these dangerous products. When retailers and manufacturers continue to offer defective toys on the market after they have been recalled, they may be held accountable under the theory of strict liability. A personal injury attorney may seek to recover damages for injured clients.
by Queener Law | Aug 16, 2017 | Personal Injury, Tennessee
While many Tennesseans enjoy visiting amusement parks every year with their families or friends, thousands of people are seriously injured during their visits. The regulations governing amusement park safety are inconsistent across the U.S., and some parks may be more dangerous for visitors than others. It is important for consumers to be aware of the risk of accidents at amusement parks and the regulation inconsistencies involved when they are choosing a destination. When victims are injured at amusement parks, a personal injury attorney may work to help them to recover damages for their losses.
Amusement Park Injuries
According to the U.S. Consumer Product Safety Commission, an estimated 30,900 people went to the emergency room for treatment of injuries that were sustained in amusement parks in 2016. Since 2010, 22 victims have been killed while visiting the parks with some tragic stories making national news. Because there is no formal reporting system in place, safety experts say that it is difficult to get a clear picture of the actual injury rate at the parks.
Regulations and Enforcement Are Inconsistent
Individual states each have their own regulations and laws regulating amusement parks, but some states do not have any regulations in place at all. There are also no federal laws governing amusement parks, and inspections of them are irregular. While the U.S. Consumer Product Safety Commission is in charge of enforcing regulations of mobile amusement parks like those that are set up at state fairs, enforcement is limited by rules the states in which they are used have in place. The CPSC lost its ability to inspect rides at fixed-site amusement parks in the 1980s, leaving inspection responsibilities strictly to individual states and parks.
Amusement Park Safety
A personal injury attorney may help victims who are injured, but it’s best to try to avoid injury in the first place. Amusement park visitors should follow safety guidelines while they are at the parks. They should adhere to all of the height, health and weight restrictions for the rides. Safety equipment, including seat bars and belts, should always be used, and guests should be careful when loading and unloading in and out of rides. Avoiding mall rides that do not have any padding underneath them is a good idea. Additionally, all riders should keep their hands and feet inside of the rides.
