by Queener Law | Dec 11, 2014 | Auto Accident, DUI, Tennessee
While U.S. drunk driving fatalities increased by 4.6 percent from 2011 to 2012, Tennessee saw a 14 percent increase in the number of people killed by drunk drivers during that time, according to the National Highway Traffic Safety Administration. Mothers Against Drunk Driving reported that 295 people were killed in Tennessee as the result of drunk driving car accidents in 2012, accounting for 29 percent of all motor vehicle accident deaths in the state. In an attempt to lower this high fatality rate, Tennessee lawmakers have enacted legislation to keep drunk drivers off of the road.
What is considered drunk driving?
In Tennessee, people with a blood alcohol content level of 0.08 percent or higher are considered intoxicated, and may be charged with a DUI. People who drive with a BAC of 0.08 percent may have trouble perceiving the distance and speed of other vehicles on the road, according to the NHTSA. They may also experience short-term memory loss, concentration problems and the inability to control their speed.
Drivers with higher levels of intoxication may find it difficult to stay in their lane of traffic, and are less likely to respond to emergency situations. All of the dangerous effects of alcohol intoxication place other motorists in danger of serious injury or death if they become involved in an automobile accident.
What is Tennessee doing about the problem?
MADD reports that approximately one-third of all people who are convicted of drunk driving have been arrested or convicted of a DUI in the past. In response to the significant increase in drunk driving deaths in Tennessee, the state enacted a law requiring all convicted DUI offenders to get an ignition interlock device installed in their vehicles, according to MADD. These cellphone-sized devices are essentially small breath test analyzers that prevent the vehicle from starting if the driver’s blood alcohol content level is above a preset limit.
Ignition interlock devices have proven to be successful in keeping drunk drivers off of the roads in many states, as reported by MADD. Convicted drunk drivers in Tennessee are also required to perform community service, pay fines and court costs and enroll in a court-ordered DUI education course. They will also have their driver’s licenses suspended for a time depending on the specific circumstances of the crime.
By enforcing the new ignition interlock device law, as well as the other strict legal consequences of drunk driving, Tennessee hopes to see a decrease in the number of drunk driving deaths in the future.
by Queener Law | Nov 12, 2014 | Brain Injury, Kentucky, Tennessee
Not only do car and motorcycle accidents have serious emotional and financial repercussions, they can have severe, life-changing physical effects on people as well. New research on the human hormone, progesterone, and its potential link to traumatic brain injuries, however, may offer car accidentsurvivors new hope in alleviating their brain injury symptoms and regaining their quality of life.
No current treatment
The human brain is a complex mass of cells and each cell works to control some part of the human body and its biological systems. When a person hits their head, and the brain is damaged, it leads to the death or weakening of these cells. If a person suffers a serious brain injury, it means a significant number of brain cells are dead or are in the process of dying. This presents an enormous challenge for physicians as the death of these cells can reduce the amount of oxygen flowing to the heart, lungs and muscles, threatening the life of the patient or leaving them in a comatose or much-altered state.
Currently, there are no curative treatment options for people who suffer from brain injuries and therefore, no steps can be taken to prevent further damage from occurring as cells continue to die. The only options medical professionals have is to monitor TBI patients, facilitate their needs and attempt to prevent further neurological damage from occurring, according to the National Institute of Neurological Disorders and Stroke.
Potential breakthrough
Researchers may have found a way to minimize the damaging effects that brain injuries have on victims of car and motorcycle accidents. According to ABC 7 News, researchers believe that the hormone, progesterone, which is most often associated with the regulation of the female reproductive system, has the ability to protect neurons from secondary brain injuries. Progesterone is thought to reduce swelling of the brain, minimize cell death and reconstruct the blood-brain barrier.
A phase three clinical trial is currently in progress to study the long-term possibilities and safety of progesterone on brain injury patients. Patients at 150 locations in multiple countries are given a continuous supply of the hormone for five days, and then rechecked six months after the treatment has ended to evaluation whether there is any marked progression. The study is blind so patients and their families do not know whether they were given the hormone or a placebo and the hormone must be first administered within 8 hours of the injury occurring. Researchers plan to use 1,200 patients with severe brain injury in the global study. If the study is a success, it could become the first real treatment for brain injury.
by Queener Law | Nov 11, 2014 | Motorcycle Accident, Tennessee
Motorcycle fatalities in Tennessee have increased dramatically, from 42 deaths in 1998 to 134 deaths in 2013, according to the Tennessee Department of Safety and Homeland Security. The rise in motorcycle causalities in Tennessee during that 15-year period has been steady, and mirrors an increase in motorcycle fatalities and serious injuries across the nation. The National Highway Traffic Safety Administration reports a national increase from 2,334 motorcycle deaths in 1998 to 5,080 fatalities in 2012. State officials are looking for ways to decrease the number of motorcycle accidents and increase motorcyclists’ safety on Tennessee roadways.
Before finding a way to resolve the rise in deaths due to motorcycle accidents, it is crucial to find the potential root causes for this staggering increase in fatalities. According to the United States Department of Transportation, a surge in motorcycle registrations since 1997 may provide information as to why more people are getting into motorcycle accidents. From 1997 to 2006, motorcycle registrations in the U.S. rose by 75 percent. With a greater number of motorcycles traveling on U.S. roadways, more collisions are likely.
Distracted driving
New advances in technology over the past 15 years have added another cause of motorcycle accidents. Distraction.gov reports that distracted drivers were responsible for the deaths of 3,328 people in 2012. Distracted driving auto accidents injured over 421,000 people that same year. Motorists, who use their cellphones, program their navigation devices or change the DVDs in their cars’ entertainment center while driving, may fail to acknowledge smaller motorcyclists riding alongside them. Improper turns and failure to yield are just a few ways that distracted driving can result in a devastating motorcycle crash.
A 48-year-old Kansas motorist admitted to engaging in distractive activities while driving, which may have caused him to hit an elderly man who was riding his motorcycle. According to Kansas First News, the driver was operating a pickup truck and attempting to change a CD when he collided with the motorcyclist, who was killed as a result of the accident.
Failure to yield
Failure to yield is another common cause of deadly motorcycle accidents. The Knoxville News Sentinel reported that a biker was hit by a vehicle that was attempting to make a turn. The motorcyclist was thrown onto the hood of another vehicle waiting at a stop sign and later died. The motorist was given a citation for failing to yield to the motorcycle, but did not receive any criminal charges.
Due to an increased number of motorcycles on national and state roadways, as well as a growing number of motorcycle fatalities, many state and national organizations, including the NHTSA, have developed campaigns designed to bring awareness to this deadly problem.
by Queener Law | Nov 10, 2014 | Tennessee, Trucking Accident
Although driving a large commercial truck requires skill and concentration, some truck drivers engage in distractive behaviors while sitting behind the wheel for an extended period of time. Just as distracted driving is extremely dangerous for Tennessee motorists, it is especially hazardous for large truck operators, as they are responsible for handling vehicles weighing up to 80,000 pounds. When truck drivers remove their focus off of the road it can result in devastating truck accidents.
According to the National Highway Traffic Safety Administration, 3,802 people lost their lives in large truck accidents in 2012. Approximately 107 of those deaths occurred in Tennessee and many of them stemmed from distracted truck drivers.
Types of truck driver distractions
According to U.S. News, the following activities are significant sources of truck driver distraction:
- Talking or texting on a cellphone: Engaging in these activities while driving inhibits a truck driver’s ability to mentally focus on the road. Texting while driving is also against the Federal Motor Carrier Safety Administration’s regulations, which ban the practice for commercial truck drivers in America.
- Eating: Driven by the need to meet an important deadline or make some addition money on their next paycheck, truck drivers may choose to have their meal while behind the wheel. Not only does eating and drinking while driving require the truck driver to remove their hands from the steering wheel, but spilled food can create a vehicular hazard.
- Programming navigation devices and switching radio stations: Whether truck drivers are adjusting the radio, searching for a CD or programming a navigation device, their eyes, hands and mental focus are taken away from the task of driving. This brief interference increases the risk of serious injury to other motorists on the road.
A distracted truck driver was charged with second-degree murder, six counts of criminal damage and 13 instances of endangerment stemming from a devastating truck accident. According to the Huffington Post, the truck driver’s dash camera recorded him watching videos on his cellphone while driving along the Arizona highway. It also recorded the commercial truck quickly approaching a law enforcement vehicle, which was parked alongside the road. The tractor trailer was going 65 miles per hour when it struck the vehicle, instantly killing the officer inside.
Taking action
In an attempt to reduce the number of serious injuries and fatalities that occur each year as a result of distracted truck drivers, the Federal Motor Carrier Safety Administration has enacted a ban on texting and driving. The law also restricts truck drivers from reaching for and holding a cellular device while driving. Truck drivers caught engaging in these illegal behaviors may face significant fines of up to $11,000. Although hands free cellular devices are legal to use, many studies show the inherent dangers that cognitive distraction has on commercial truck drivers.
by Queener Law | Nov 7, 2014 | Auto Accident, Tennessee
Many residents of Davidson County have either been involved in a traffic accident or know someone who has. According to the Tennessee Department of Safety and Homeland Security, there were approximately 510,934 traffic accidents in Davidson Country from 2004 to 2014. During that 10-year period, there were more than 3.5 million traffic accidents statewide. Although the causes of these traffic accidents range from minor to severe traffic violations, all auto accidents threaten the safety of Tennessee drivers.
Following too close
A driver who fails to keep the proper distance between his or her vehicle and the car in front of them may end up rear-ending the vehicle should it need to stop unexpectedly. There were over 330,432 motor vehicle accidents in Tennessee from 2004 to 2014 that were caused by people who were following improperly. Whether a driver is following too closely intentionally or as a result of driver distraction, doing so will increase the likelihood that an auto accident will occur.
Failure to yield
The second most common cause of traffic accidents in Tennessee, as reported by the Department of Safety and Homeland Security, stems from failure to yield to another vehicle’s right of way. This usually occurs when a driver turns in front of an approaching motorcycle or vehicle, causing a collision. These types of accidents can be particularly dangerous, as they often involve vehicles that are traveling at high rates of speed.
According to the Leaf-Chronicle, a Dover man is facing charges of failing to yield resulting in death or injury, vehicular assault and vehicular homicide. The man made a left-hand turn, cutting off an oncoming motorcycle and causing a catastrophic collision. The passenger in the man’s vehicle was seriously injured and the motorcyclist was killed in the accident.
Failure to stay in lane
When a driver is intoxicated, drowsy or distracted and fails to stay in their lane of traffic, they may unintentionally cause an accident. Approximately 22,833 Tennessee residents did just that in 2013, making it the third most common type of traffic accident in the state. Accidents caused by vehicles running off of the road completely are also included in this statistic. National and state campaigns designed to warn motorists about the dangers of impaired driving may have made an impact on motorists in the state, as only 14,734 accidents have involved failure to stay within one’s lane of traffic so far this year.
Other significant causes of traffic accidents
Although speeding, careless driving, improper lane changing, failure to obey traffic signals and inattentive driving did not make the top three list, they all caused a significant number of Tennessee traffic accidents. Obeying these traffic rules on a regular basis may help to save a life.
by Queener Law | Nov 6, 2014 | Auto Accident, Brain Injury, Colorado, Kentucky, Tennessee
Over 2.36 million people were injured in car accidents in 2012, according to the National Highway Traffic Safety Administration. While some car accident victims received only minor injuries, others suffered from traumatic brain injuries that will affect them for the rest of their lives. The Centers for Disease Control and Prevention found that car accidents were responsible for causing 14 percent of traumatic brain injuries in the United States from 2006 to 2010, making it the third leading cause of TBI.
In a highly publicized New Jersey truck accident, comedian Tracy Morgan received serious brain injuries when his limousine was rear-ended by a negligent truck driver. According to People Magazine, Morgan has been trying to recover from his injuries for the past four months, and continues to undergo vocational and physical therapy for his serious injuries. Morgan still uses a wheelchair and is having difficulties with speech and mental cognition.
Signs of a brain injury
Otherwise referred to as whiplash in its milder form, brain injuries may occur when people experience a sudden jolt or blow to the head, just like they would in a traffic accident. The National Institute of Health indicates that the symptoms of traumatic brain injuries range from mild to severe and include the following:
- Headaches
- Seizures
- Weakness in the arms and legs
- Confusion
- Loss of coordination
Additionally, people suffering a brain injury may experience a loss of consciousness, trouble concentrating and memory loss. Changes in a person’s auditory and visual functioning, as well as drastic changes in their mood or behavior are also possible symptoms.
Long-term effects
According to a review published in the Acta Pharmacologica Sinica in 2013, the damage sustained from a traumatic brain injury can be progressive. This means some people may not only suffer from the initial damage caused by the blow they received, but also from secondary injuries. Traumaticbraininjury.com states that secondary brain injuries include brain swelling, bleeding inside the skull, infection within the skull, increased fluid in the skull, increased pressure in the skull and damage caused by a lack of oxygen.
Minor and serious brain injuries can lead to permanent damage and even cause problems years after the initial event. Studies have shown that people who have suffered brain injury are at a higher risk of suffering a stroke and that brain injury may even play a role in dementia and Alzheimer’s. Often victims of brain injuries must undergo physical, mental and psychological therapy, and there is no guarantee that they may fully recover from their serious injuries. People who have been injured in a car accident should meet with an attorney who can help them estimate their long-term needs and determine an appropriate amount of compensation.
