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.
by Queener Law | Mar 6, 2015 | Auto Accident, Tennessee
Tennessee workers who are required to drive commercial vehicles, as a part of their job, put themselves in danger every day. A Tennessee personal injury attorney knows that sometimes these employees are victims of other motorists’ poor driving habits. Injured employees have the right in Tennessee to seek workers’ compensation but they may also be able to file a third party lawsuit.
Recently, a woman employed with AT&T was standing next to her utility truck. According to Commercial Appeal News, a motorist overcorrected while swerving to miss hitting another car and smashed into the AT&T truck and woman. The truck was parked alongside the road when the accident occurred. The employee lost her leg as a result of the tragic accident. The driver was officially charged with driving while license suspended, failure to maintain control and violating the financial responsibility law.
What is a third party lawsuit?
A third party lawsuit is essentially a lawsuit filed against a person or company who is not associated with the injured worker’s employer. For example, in the above story, if the woman was hit by another AT&T driver, she would not be able to file a third party lawsuit as the negligent party would be a fellow co-worker. Since the person who caused her injuries is not affiliated with AT&T, she can seek additional financial compensation from that driver.
Unlike workers’ compensation, which is awarded on a no-fault basis, a Tennessee personal injury attorney knows in a third party lawsuit the injured worker must prove that the injuries were caused by the third party’s negligence. In some cases, the person who initiated the accident may be solely responsible. However, there have been situations where there were several parties involved. For example, if a delivery driver is hit and injured by a large tractor trailer, the truck driver and the trucking company may be held liable for the damages in separate third party lawsuits.
Are just auto accidents eligible?
These lawsuits are not limited to just auto accidents; they also apply to cases involving slip-and-falls as well as construction accidents. Unlike workers’ compensation benefits, which have a maximum payout limit, lawsuit money may be awarded for emotional trauma in addition to medical expenses and other damages.
According to the Bureau of Labor Statistics, a little over 3 million work-related injury cases were recorded in the U.S. during 2013. More than 200,000 of those involved slip-and-falls. When employees believe that their work-related injuries have been caused by an outside party, they may want to seek legal assistance from a Tennessee personal injury attorney.
by Queener Law | Mar 5, 2015 | Auto Accident, Tennessee
Motor vehicle accidents contribute to a significant number of serious injuries and deaths in Tennessee each year. A personal injury attorney in Tennessee knows that many of these devastating collisions are preventable. In fact, AAA reported that more than half of all motor vehicle accident fatalities are the result of aggressive driving. Reckless driving, road rage and operating a vehicle while intoxicated are just a few ways that negligent drivers can cause a tragic car accident.
- Frequent lane changing
Many Tennessee motorists have shared the road with a vehicle that is switching back and forth between lanes haphazardly. In some cases, the anxious lane changer fails to use their turn signal to indicate to other motorists where they intend to go. Drivers may aggressively switch lanes if they are annoyed with slower drivers, are in a hurry to get to their destination or simply wish to speed through traffic. Unfortunately, frequent lane changing at high speeds can cause tragic car accidents. Drivers may fail to get a good look before turning into another vehicle traveling in the lane beside them.
- Tailgating
Aggressive tailgating occurs when motorists follow the car in front of them too closely, according to SmartMotorist.com. If the leading vehicle should have to stop suddenly for any reason, the tailgating motorist may rear-end the car in front of them. Drivers often tailgate when they are in a hurry and feel as though the car in front of them is going too slow. Yet, riding on the back of a car’s bumper hardly accounts for safe driving practices. In fact, it could end in serious injury or death when speeding vehicles are driving too closely. Sadly, a personal injury attorney in Tennessee may deal with these types of cases on a regular basis.
- Excessive speeding
One of the most deadly aggressive driving behaviors is speeding. Driving at speeds above the posted limit lowers a driver’s ability to respond to certain roadway hazards, including objects in the road, pedestrians, traffic signals, inclement weather conditions, crosswalks and other drivers’ reckless behavior.
Not only do these driving behaviors put other motorists in danger, they also put the driver in danger of serious harm. Speeding, tailgating and constant lane switching can cause a car to rollover or swerve into oncoming traffic.
Other aggressive driving behaviors can occur if the motorist is intoxicated or under the influence of drugs. Extreme amounts of aggression may result in road rage, or people who use extreme violence against another driver who causes them to be upset.
When people are injured or lose a loved one in an accident caused by an aggressive driver, they may want to seek justice and compensation for their injuries and pain. Some accident victims may choose to consult with a personal injury attorney in Tennessee regarding their legal options.
