by Queener Law | Dec 22, 2014 | Auto Accident, Tennessee
Thousands of motor vehicle accidents occur each year in Tennessee. Recently, WIJHL reported that a car in Nashville hit another car, which had stopped in the lane of traffic. The driver of the stopped car, a university student, told law enforcement that he had been studying for finals and that he could have been asleep. The other vehicle actually flipped over after the impact. While neither driver was hurt, significant damage had been caused to both vehicles. It is unknown whether the driver of the stopped car will face criminal charges.
In situations like these, the driver who caused the car accidentmay or may not face criminal charges. People often believe that if a driver isn’t cited for the accident, they may not be able to seek compensation. However, this is not entirely true. It is possible to file a personal injury claim against a negligent driver to cover expenses related to property damages, medical bills, lost wages from work and the emotional trauma they have suffered.
Elements of negligence
When people are filing a liability for personal injury claim in a Tennessee court of law, they will need to have evidence that shows the driver was acting negligently. Negligence occurs when a driver engages in certain acts, such as drinking and driving, speeding or texting while driving that puts other drivers in danger.
Under contributory negligence, people who have contributed in some way to an accident may be unable to collect compensation from the other person involved in the collision. This holds true even if the other party involved in the incident was largely to blame. For example, if one driver is speeding and crashes into another driver who is not wearing a seatbelt and sustains injuries, the driver who failed to wear their seatbelt would not be entitled to compensation.
Here in Tennessee, if two people are equally at fault for causing the accident, neither is eligible for damages. This is referred to as proportional comparative fault. However, if one person can show that the other driver is 51 percent responsible, then that person may be able to seek damages.
Case in point
A comprehensive evaluation of accident reports from one major U.S. metropolitan area found that an alarming number of vehicular pedestrian accidents resulted in no charges or penalties imposed on the negligent drivers. The advocacy organization that initiated the study found that even when the drivers were committing serious traffic violations, including running stop signs, speeding and failing to yield for people using the crosswalk, they faced no criminal actions for hitting and injuring someone.
When a motorist’s negligent behaviors cause a tragic car accident, victims have the right to hold that motorist financially accountable.
by Queener Law | Dec 21, 2014 | Auto Accident, Tennessee
After a severe storm in early November left Tennessee roadways covered with snow and ice, and had law enforcement officers responding to more than 140 traffic accidents, many Tennessee motorists are preparing for possible storms ahead, according to Commercial Appeal News. Icy roads can increase the risk of car accidents, serious injuries and death for those who do not know how to navigate the roads safely in inclement weather conditions.
According to the National Highway Traffic Safety Administration, 286 people in Tennessee lost their lives in fatal motor vehicle accidents during the winter months of 2012. Car accidents and deaths caused by bad weather are completely preventable. The American Safety Council recommends that motorists implement the following practices into their traveling routine in order to stay safe on the roadways this winter.
Motorists should winterize their vehicles
Drivers should ensure that their vehicles are ready for the ice and snow by having their oil, lights, tires, tire pressure, brakes, ignition system, battery, exhaust system, heater and defroster checked. The vehicle’s tires must have sufficient tread, as icy roads can dramatically affect a vehicle’s ability to brake. Reduced tire traction can lead to skidding and sliding, which can lead to a car accident.
Motorists should slow down
Speeding is one of the most common causes of winter-time car accidents, according to AAA. Motorists should reduce their speed to approximately half of the posted speed limit or even less depending on the specific road conditions. Drivers may want to increase their following distance and take turns gently in order to prevent an unnecessary collision.
Motorists should stay alert
Not only is distracted, drowsy and impaired driving extremely dangerous during fair weather driving conditions, but during stormy and icy weather, these hazards can become much more deadly. In order to ensure that their full concentration is on the road ahead, motorists should avoid talking on a cellphone, eating, drinking, operating navigation devices, reading, handling passengers in the backseat or adjusting the CD player while driving, as reported by distraction.gov.
Motorists should stay in control
Staying in control of a vehicle on icy roads can be difficult. Motorists who reduce their speed are more likely to have a better handle on their ability to control their car. AAA also advises motorists to avoid using cruise control on wet, icy, salty or sandy roads as it can interfere with the tires ability to grip the road.
It can be scary driving around commercial tractor trailers and other vehicles in icy and snowy weather conditions. However, by following a few key safety tips, motorists can minimize car accident risks.
by Queener Law | Dec 20, 2014 | Auto Accident, Tennessee
Driving through a construction zone can be hazardous in itself, especially when motorists are driving erratically. A Memphis driver who caused a serious workzone accident that sent one man to the hospital has not been identified, as he or she left the scene of the accident. According to WMC Actions News, the driver had attempted to maneuver through a workzone when he or she smashed into the back of a vehicle, which then collided with a law enforcement vehicle. Although the collision caused a significant amount of damage, the driver sped away from the accident scene.
Leaving the scene of an accident
Whether motorists cause a minor fender bender or a catastrophic accident, it is illegal for them to leave the scene of an accident, according to Tennessee law. People who choose to leave the car accident site may be charged with a Class A misdemeanor. If the driver leaves the scene of an accident involving a fatality, they may be charged with a felony in Tennessee. Each case is dependent upon the specific details of the accident.
Drivers who take off after causing an accident may be afraid of facing the legal repercussions of their actions. They may have been driving while impaired, have a criminal record, or lack a valid driver’s license.
Upholding a civil duty
Tennessee motorists must uphold their civil duty to act in a responsible manner while driving a vehicle. Motorists, who drive while distracted, drowsy or impaired, and cause an accident as a result of their careless behavior, may be held liable for any damages, injuries or deaths that take place. When an accident occurs, drivers are obligated to exchange names, addresses and driver’s licenses with one another. In Tennessee, motorists are legally responsible for ensuring that all injured people receive medical attention as well.
It may be impossible to find out the identity of a person who fails to remain at an accident scene. Not only does this pose a problem for any injured motorists, but it also threatens the safety of other motorists on the road. In some hit-and-run accident cases, there may be other ways to get compensation.
Finding a negligent driver
Law enforcement officers use different tactics in order to locate the whereabouts of hit-and-run drivers. Officers may question witnesses who observed the accident, view surveillance camera footage from nearby businesses, and even review 911 calls to help them find the perpetrator.
Hit-and-run accidents can cause serious injury, emotional trauma and death to innocent people. Those who have been victimized by a hit-and-run driver should seek legal assistance in order to ensure they receive compensation for their case.
by Queener Law | Dec 19, 2014 | Auto Accident, Tennessee
Over 56 percent of American adults own smartphones with photo-taking abilities, according to a poll taken by Pew Research Internet Project. This gives millions of people the opportunity to take the perfect selfie and post it to their favorite social media website. However, a growing number of Tennessee motorists are taking selfies while they are driving. Not only does this increase the risk of a car accident, but it endangers the driver’s life as well as the lives of others on the road.
A picture for the road
CNN News reported how social media websites, including Facebook, Instagram and Twitter, all show thousands of posts of people taking pictures while behind the wheel, and many driver selfies include accompanying texts. In fact, more than 9,700 selfies were posted to Instagram recently under the hashtag #drivingtowork, and another 3,727 were found under #drivingselfie. Furthermore, the practice of taking a photo of yourself while driving is not limited to people operating automobiles. Motorcyclists, commercial truck drivers and even pilots have been seen snapping a pic while driving.
Dangers of selfies
In order to take a selfie, a driver has to remove their eyes from the road, their hands off of the steering wheel and their minds off of driving. All three of these activities are forms of distracted driving, which was responsible for the deaths of 3,328 people nationwide in 2012, according to distraction.gov. In order to take the perfect selfie, drivers have to get to the camera function on their cellphone, position the camera properly and take the picture. Many people go on to type a message or hashtag with the picture and post it to their profile page. Drivers who take the time to accomplish this daring feat are three times more likely to get in a car accident.
That is what happened to a 32-year-old North Carolina woman, who was posting selfies and updating her status on Facebook just one minute before being involved in a fatal car accident. The Huffington Post reported that the woman’s last text was posted at 8:33 a.m. and law enforcement officials were alerted to the accident at 8:34 a.m.
Distraction.gov reports that texting on a hand-held device while operating a vehicle in Tennessee is against the law, and those who are caught engaging in this activity will receive a citation. Whether motorists are stopped at a traffic light, driving, or having a passenger take the picture, it may be best to postpone the selfie until the vehicle is safely at rest.
by Queener Law | Dec 18, 2014 | Tennessee, Trucking Accident
Both truck driver negligence and equipment malfunction contributed to an enormous traffic accident involving three tractor trailers and two cars near Monteagle. According to the Chattanooga Times Free Press, motorists were injured when the axle of a commercial truck carrying eggs snapped in two, causing the truck to overturn and spill its contents across the highway. As traffic was stopped at the accident site, another tractor trailer collided with a third commercial truck, spilling cheese and meat onto the highway as well. Fortunately, no one was fatally injured in the accident.
This case is not an isolated incident. In fact, 3,802 U.S. motorists were fatally injured in large truck accidents in 2012. This is a significant increase from the 3,211 people who were killed in 2009, according to the National Highway Traffic Safety Administration. Tennessee’s large truck fatality rate has increased as well, from 86 deaths in 2009 to 107 deaths in 2012.
A closer look at equipment malfunction
Equipment malfunction, which caused the initial truck accident near Monteagle, can result in a devastating accident. According to the Federal Motor Carrier Safety Administration, trucking companies and truckers are responsible for ensuring that their tractor trailersare safe for the road. The trucker must inspect key components of the semi-truck, including the engine, lights, brakes, front suspension, drive axle suspension, drive shaft, axles and tires to make sure that everything is functioning properly. Routine maintenance should also be conducted on a regular basis.
FMCSA reported that in 2012, 20 percent of all large trucks were removed from service because they had too many equipment violations. That equates to more than 2.15 million trucks that did not meet safety or equipment requirements and could have potentially caused an accident.
Truck driver negligence
The second part of the accident in Monteagle occurred when a truck driver was allegedly speeding and failed to stop with traffic at the site of the previous accident. The Insurance Institute for Highway Safety states that it can take a loaded commercial truck nearly 40 percent longer than a passenger vehicle to come to a complete stop. In order to avoid rear-ending the car in front of them, truckers must leave ample space between their truck and the car ahead, and be sure to drive within the posted speed limit. In some areas, the commercial truck speed limit is lower than the speed limit posted for passenger vehicles.
Truck drivers can minimize the risk of an accident, injury and death by refraining from driving while distracted, drowsy or impaired. They should also always perform an equipment inspection before hitting the open road.
by Queener Law | Dec 17, 2014 | Auto Accident, Tennessee
Devastating motor vehicle accidents claim the lives of thousands of Americans every year. For young children, however, car accidents continue to be the number one cause of death, according to the Centers for Disease Control and Prevention. Tennessee children who are traveling in a vehicle, walking, getting off of the bus or waiting at the bus stop are in danger of becoming victims of devastating car accidents.
The facts
According to the National Highway Traffic Safety Administration, 1,363 children under the age of 15 years old were killed in motor vehicle accidents nationwide in 2012. That same year, Tennessee lost 29 children in tragic vehicle accidents. Sadly, many of these deaths could have been prevented. Driver distraction is one key contributor to auto accidents resulting in child death or serious injury. Parents who are negligent in securing their child’s car seat into the vehicle are another major contributor to the high rate of children killed in motor vehicle accidents in the country.
Safety restraints
When car seats are used properly, they can reduce the risk of injury and death by 71 percent for infants under the age of one, and by 54 percent for toddlers between the ages of one and four. Children from four to eight years old are 45 percent less likely to be injured or killed in a car accident when they use a booster seat, and older children reduce their risk by half when they wear a seat belt.
A study conducted by the CDC found that during the course of one year, more than 618,000 kids twelve years old and younger rode in a vehicle while they were completely unrestrained on at least several occasions. Some children who were involved in a car accident had been placed in a booster or car seat that was not secured in the vehicle properly.
This was the case in a recent Wilson County car accident. According to WKRN News, two children were rushed to the hospital and one had to undergo a surgical procedure after the car they were traveling in flew off of the road and went airborne after hitting a driveway. While the vehicle was in the air, it collided with a tree. Although both children were in car seats, their seats were not actually fastened into the vehicle. The 5-year-old and three month baby were fortunate to escape with their lives. The driver faces charges of negligence and failure to exercise due care.
Child pedestrians
Children who are walking to and from school or are simply waiting at a bus stop are also at a higher risk of being hit by a distracted driver. Certain state laws require drivers to reduce their speed in school zones, and stop their vehicle when a bus has released its stop sign in order to protect children. However, their small stature places them at greater risk for being involved in an accident.
In an attempt to keep children safe, many schools across the nation are teaching children to be extremely cautious when traveling to school on foot or on bus. Drivers are also encouraged to ensure their child seats are properly fastened before placing their children in them.
