by Queener Law | Aug 11, 2017 | Auto Accident, Tennessee
New technology is under development to reduce accidents caused by drowsy driving in Tennessee and elsewhere, which claim the lives of 6,000 people in the U.S. each year. The device is worn on the wrists of drivers, and it uses biometric data to sense when they are beginning to get drowsy. If they show these signs, the device will vibrate. If the drivers then start to fall asleep, the device sends electrical pulses that shock the drivers awake so that they can get off of the road. Some of the cases that a Nashville car accident lawyer handles involve drowsy driving crashes that have caused serious injuries or deaths when the drivers fall asleep behind the wheel.
How the Drowsy Driving Technology Works
The entrepreneur behind the company Creative Mode became concerned about the problems of drowsy driving after his friend fell asleep at the wheel and crashed into a tree, causing serious injuries. The entrepreneur then began working to create a new device that could help drivers to remain awake. He came up with a wearable device that he named Steer. Drivers wear the device on their wrists while they drive. After first taking a baseline reading, Steer takes biometric readings of the drivers, including heart rate and sweat production.
If a driver’s heart rate drops below the baseline reading by 10 beats per minute and the sweat secretion drops by one unit, the wearable device will vibrate to alert the driver that he or she is drowsy. If the driver’s heart rate subsequently falls by an additional three beats per minute and the sweat secretion decreases by another unit, the device sends gentle shocks that are strong enough to wake the driver up.
The idea behind using the shocks is that they increase the levels of serotonin in the brain, which causes drivers to awaken. The entrepreneur says that even if the devices wake the drivers up, they should pull off of the road and get some sleep to prevent automobile accidents rather than attempting to continue driving. The device has generated significant interest and more than 100 investors on Kickstarter are currently backing it. It is expected to retail at $230. Drivers can currently purchase Steer on Kickstarter for $130. A Nashville car accident lawyer may help victims who have been injured by drowsy drivers.
by Queener Law | Jul 19, 2017 | Auto Accident, Tennessee
Seat belts don’t always save lives and each year thousands of seat belts fail to protect the drivers and passengers who use them. While properly operating seat belts reduce the risk of serious injury or death by between 40-55%, it is estimated that up to 6,000 fatalities per year are the result of defective seat belts.
Causes of Seat Belt Failure
There are four common forms of seat belt failure, including seat belt latch failure, retractor failure, and spooling. Seat belt latch failure involves a latch that either falsely latches or that unlatches without warning. Retractor failure is similar and involves the failure of the locking mechanism that is supposed to restrict forward movement of the seat belt. This is commonly related to webbing defects which involves loose seat belt webbing that allows too much movement of the belt or causes the belt to snap when stretched. Finally, the mounting may be improperly secured to the vehicle which can cause it to snap off of the body of the vehicle and become a deadly projectile.
Of course, the number one reasons seat belts fail isn’t because of defect parts, it is because motorists and their passengers simply don’t use them. According to the CDC, half of teens between the ages of 13 and 19, as well as adults 20 to 44 who died in car accidents in 2015 were not wearing their seat belts at the time of the accident.
Liability for Seatbelt Failure
Liability for a seat belt failure may belong to the automobile manufacturer or the manufacturer of the specific part. For example, if investigative research by either party indicates that the seat belt contains faulty parts or design defects that make it prone to failure. Liability may also fall on any individual whose actions caused critical damage to the seat belt that then caused the seat belt to fail during an automobile accident.
Documenting Injuries
Seat belt failure is not always immediately clear following an accident. Indeed, many injuries may be misattributed to other causes when the real cause is a defective seat belt. For this reason, it is important to work closely with an attorney in Nashville TN to thoroughly review images from the accident, the accident report, and any medical records that indicate the presence of a seat belt failure at the time the accident occurred.
by Queener Law | Jul 11, 2017 | Colorado, Kentucky, Tennessee, Trucking Accident
Recent studies reveal that many of the serious, life changing and even deadly injuries every year caused by underride crashes can be minimized or prevented completely with the use of a new safety device. The product, known as AngelWing, is a side underride guard that is specifically designed to prevent passengers in smaller vehicles from suffering serious injuries or death in the event of a side collision with a large truck.
According to recent statistics, more than 200 victims are killed and even more are seriously injured by underride accidents in the United States every year. While federal law requires semi trucks to have rear underride guards in place, side guards are not currently required. And despite reports by the National Traffic Safety Board (NTSB) that conclude that side guards would reduce the risk of injury and death on America’s roadways, and their recommendation to the National Highway Traffic Safety Association (NTHSA) that all new truck trailers be equipped with side underride protection, the Truck Trailer Manufacturers Association continues to oppose such a requirement. The industry’s lobbying arm cites the additional costs, various technical challenges, and the concern that these side guards could add significant weight to a trailer or dangerously weaken its parts.
An Effective Solution for Semi Truck Underride Crashes
Approximately 62 percent of a large truck trailer’s length is protected when side underride guards are in place. Without these guards, only about 15 feet are protected. And while many semi trucks are currently equipped with composite side fairings, they are not designed to withstand the impact of a crash.
A recent study by the Insurance Institute of Highway Safety (IIHS) evaluated the effectiveness of AngelWing guards in 35 mph. side collisions versus side fairing skirts that were designed to enhance aerodynamics only. The results were dramatic, with the AngelWing guards preventing the smaller test vehicles from moving underneath the large truck, and the composite side fairings allowing the cars to slide under the trailer. When the car passed under the truck trailer, part of the roof of the smaller vehicle was sheared off and the car became wedged beneath the truck. If the simulations had included moving vehicles, those without AngelWing protection could have resulted in overturned trailers or the vehicle coming into contact with the rear axles. In real life, this type of crash would likely have caused severe, disabling injuries or fatalities.
by Queener Law | Jun 26, 2017 | Auto Accident, Tennessee
Tens of thousands of Americans die on the roadways each year, with more than a third of all fatalities attributable to alcohol in some way. While most individuals understand the dangers of driving under the influence of alcohol or drugs, the dangers of smartphones are just now becoming evident.
The latest evidence indicates that as many as half of all vehicle accidents have at least one driver who is using a phone, and a third of crashes involved drivers using a phone at the time of the accident. Among the sobering conclusions of a recent study is that texting while driving is a direct contributor to the deaths of at least 11 young people every day.
Most states and municipalities are now passing some form of legislation in an attempt to reduce the number of accidents these distracted drivers are causing in increasing numbers. However, some of the same studies mentioned above note those laws have largely proven ineffective. These realities make it important to contact an attorney Nashville TN residents trust after any major vehicle accident. This is especially the case if a smartphone is suspected as a cause of the crash.
An experienced attorney in Nashville, TN will know how to seek evidence of distracted driving, and this information is often critical to protecting a victim’s rights. Auto and truck accidents cause billions of dollars in damage and affect hundreds of thousands of drivers each year.
Seeking recovery for lost wages, medical bills and other costs, including short and long-term disability is often a challenging and difficult proposition. Without proper legal assistance, that process will defeat the average individual’s efforts.
An experienced attorney for Nashville TN accidents will carefully examine and sort out the facts in an auto accident. Today, that process will include gathering records of phone usage from the other drivers and determining the role that use and other factors played in causing the accident.
When a commercial truck is involved, a thorough investigation by the attorney in Nashville TN will also explore such details as truck maintenance records and the driver’s logbooks. These and numerous other factors all play a role in determining liability in a truck-vehicle accident.
Receiving the appropriate financial compensation as the victim of a vehicle accident is never the result of luck. Rather, it is the committed attorney Nashville TN clients rely on that produces the best results.
by Queener Law | Jun 11, 2017 | Auto Accident, Colorado, Kentucky, Tennessee
Front-crash collision systems such as automatic brakes and collision warnings have been demonstrated to be highly effective in preventing rear-end accidents. The Insurance Institute for Highway Safety reviewed data to determine how effective these newer types of collision avoidance systems are and found that they greatly reduce the rates of rear-end crashes. An auto accident attorney represents victims of rear-end collisions to help them to recover damages when they have suffered injuries and financial harm.
How Effective Are Front Collision Systems?
Front collision warning systems have sensors to detect other vehicles or objects ahead of the vehicles in which they are installed and alert the drivers of their presence so that they can react in time. Automatic braking systems detect other vehicles and objects and automatically apply brakes to the vehicles to help them slow down in time to avoid collisions.
Early research about collision avoidance systems was conducted using information from insurance claims. While this data continues to be useful for studying crash avoidance technology, it has its limitations. To more accurately determine how effective these systems are in preventing accidents, the IIHS reviewed police reports from accidents and evaluated how front crash warning systems and automatic braking systems relate to the rate of rear-end collisions. The IIHS found that vehicles that are equipped with automatic braking systems had 39 percent fewer accidents. Those that had front-crash warning systems without automatic brakes were involved in 23 percent fewer collisions than vehicles that did not have these types of collision avoidance technologies.
What the Data Means
The IIHS states that if all vehicles had the front crash collision avoidance systems installed in 2013 during the study period, there would have been 700,000 fewer accidents and 300,000 fewer injuries. The efficacy of these systems has led the IIHS and the National Highway Traffic Safety Administration to recommend that they are offered as standard equipment on all new vehicles. Until the industry is required to offer these types of systems on their cars, people who are in the market for new vehicles can choose models that have the systems already installed or add them as options.
While safety technology will not prevent all accidents, its availability may help people to avoid them. Since motor vehicle collisions may result in significant injuries or deaths, taking steps to prevent them and implementing the use of advanced technology is important.
by Queener Law | May 30, 2017 | Bicycle Accident, Tennessee
Children are particularly vulnerable to series head and neck injuries due to bicycle accidents, therefore, the Tennessee passed a mandatory bicycle helmet statute (“the Act”) to require all children under 16 years old to wear helmets while operating a bicycle. However, the Act does not mandate helmets for anyone 16 and over; therefore, the protections are only partially extended.
The Legislature found that fewer than five percent of children nationwide wear helmets despite extensive evidence that they prevent or obviate serious disability or death if an accident occurs.
Definitions
The Act includes all bicycles, including multi-seats and tandem-operated bikes. However, it specifically excludes tricycles. The Helmet Law covers both the operator and passengers on a bike. Therefore, a child riding a bike operated by an adult would be required to wear a helmet.
Special Rules for Children
In addition to the helmet rule, the Act also created a second safety requirement for children under 40 pounds or under 40 inches in height which obligated them to ride in separate seats with restraints (i.e. belts). Therefore, bikes marketed with spare seats who want to cater to children must include safety belts.
Penalties
For adult offenders (i.e. parents who do not put helmets on their kids) the fine is two dollars. However, if within a year of the offense, the accused purchases a helmet and provides proof – they may recover the fine or avoid paying it entirely. Children are not fined or punished for failing to wear a helmet.
Effect on Adults
While anyone 16 and over is excluded from the Helmet Law, the failure to wear a helmet in an accident may be considered by the court as evidence that any award of compensation should be reduced. The courts take the position that plaintiffs who are partially responsible for the accident or their injuries should have their compensation reduced to reflect the plaintiff’s contribution to their injury.
Concerning bicycle accidents, if an adult fails to wear a helmet and suffers substantial injuries in an accident (injuries that could have been reduced by a helmet), the court may consider that as evidence that his damages should be reduced. Moreover, this presumption is reinforced when the Government passes laws or publishes reports that find wearing helmets is safer and affords greater protection.
However, Tennessee specifically excludes the use of failure to wear a helmet or safety restraint, as evidence in any civil trial.
