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Author: Anthony Proffitt

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catastrophic injuries

Amusement park rides can be deadly

Are you a thrill seeker who enjoys rides at amusement parks and fairs? With fair season is full swing, it is worth noting that amusement park rides continue to cause critical injuries and even deaths. In 2017, Tennessee regulators began work to upgrade their inspections of amusement park rides across the state saying systematic problems needed to be addressed.

The Tennessee inspectors went into action after an 18-year-old man was killed when a ride malfunctioned in July 2017, at the Ohio State Fair. That ride is now banned in Tennessee as well as many other states.

Dangers of amusement park rides

According to the Consumer Product Safety Commission, there were 30,900 injuries in the U.S. from amusement park rides that sent people to and emergency room in 2016. Twenty-two people have died since 2010 across the U.S. because of an amusement park ride accident.

Ride inspections different for each state

There are no federal oversight regulations for amusement park rides. Each state is responsible for their own regulations concerning the safety of amusement park rides. The law in Tennessee requires a ride to be inspected once a year. However, a ride may be in another state and tore down and moved to Tennessee. If the ride had an inspection within three months of applying for a permit in Tennessee, it would pass the inspection.

Amusement parks are busy places

According to the International Association of Amusement Parks, around 335 million people attend an amusement park in the U.S. each year. There are 28 county fairs scheduled in the month of August in Tennessee which means a lot of people will be on rides. The dangers are not far away as a Ferris wheel dumped out three young girls in Greeneville, Tennessee in August of 2017. The girls fell four stories before they hit the ground.

If you are planning to attend an amusement park, remember that injuries and death can be a possibility from malfunctioning rides. Before you go, you may want to research the safety record of the amusement park you are visiting.

Categories
Uncategorized

Protecting loved ones from nursing home neglect

The safety and well-being of loved ones is always a top priority. Making the determination that your loved one may need round-the-clock care and monitoring can be difficult. Doing so shouldn’t result in added danger.

Nursing home neglect happens far too frequently. Just this month Tennessee state officials had to prevent a Knoxville nursing home from admitting new patients due to evidence of mistreatment of a patient with dementia. The Westmoreland Health and Rehabilitation Center must also pay $30,000 in penalties stemming from the case.

No one deserves the mistreatment this patient received at the hands of her intended caretakers. As the family member of a patient in nursing home care, you may need to be aware of signs of neglect and prepared to discuss concerns with your loved one.

Types of elder abuse

Each case of abuse or neglect will vary. Some signs are less noticeable than others, but informing yourself of what to watch for can help keep a loved one safe. The CDC defines mistreatment six ways:

  • Emotional abuse
  • Neglect
  • Abandonment
  • Physical abuse
  • Sexual abuse
  • Financial abuse

These categories may not cover all types of elder abuse, but they include the most common types of mistreatment of people over 60-years-old.

Signs of mistreatment can vary, but include physical injuries such as bed sores, cuts, fractures, bruises or drastic, unexplained weight loss. Abuse may be emotional and present in the form of mood swings, refusal of medications, loss of appetite or fear of certain people who may contribute to their neglect.

Difficulties of spotting elder abuse

One difficult aspect of identifying neglect is that some symptoms may be from existing illness and the general deterioration that occurs near the end of life. Mood changes and weight loss can happen in any person, regardless of mistreatment, so it’s important to use logic and caution when considering whether a loved one is subject to mistreatment.

Take the time to educate yourself about the signs of elder neglect and abuse. Although it may be difficult to discuss mistreatment with a loved one, try to maintain an open dialogue and give them the chance to confide in you if necessary. No one should have to worry about safety in a care facility, so do your part in protecting the potentially vulnerable loved ones in your life.

Categories
Car Accidents

What is hydroplaning and why is it dangerous?

Hydroplaning—which happens when water comes between a car’s tires and the road surface, often causing loss of control—is one of the scariest situations a Tennessee driver can face. Not being able to control a sliding car traveling at high speed is unnerving for the driver and other area motorists, who may become caught up in an accident involving property damage and severe injuries.

According to U.S. News & World Report, tire treads help disperse water and keep the mass of the tire surface in touch with the road. Driving too fast on wet pavement can cause the water pressure before the front tires to lift them off the ground, just a bit, but enough to put water between the tire and the road.

Cruise control, low tire pressure and driving too fast for road conditions can all play a part in hydroplaning, but the biggest cause is speeding on wet roads. Water that is scattered by the tire treads moves to the tire fronts, and when enough water collects there, hydroplaning can occur. The onset of a rainstorm is a risky time to drive as well, due to oils on the road surface. When rain wets the oils, they rise to make the roadway slick and dangerous.

Even though rain is an act of nature, driving safely for conditions is still the responsibility of every driver. If you are driving during, slow down and do not make sudden, sharp turns that can send your car into a hydroplane slip. Avoid puddles and also stay away from the painted lines on roadways as they can be slick when wet.

This article contains general information and should not be considered legal advice.

Categories
Fatal Motor Vehicle Accidents

How safe are highway work zones?

Tennessee drivers have been educated in a variety of road hazards. You know to slow down approaching a blind turn and when traveling through intersections. You know a good rainstorm coupled with driving too fast may cause you to lose control of your car. You know it is dangerous to drink and drive. Another hazard you should be aware of is work zones.

With lane closures, detours and moving equipment to keep track of, it is easy to understand why drivers get confused, despite the use of traffic cones and signs to direct approaching drivers. According to the U.S. Dept. of Transportation, there were nearly 100,000 work zone accidents throughout the nation in 2015, which break down as follows:

  • 642 crashes resulting in one or more deaths, which equates to an annual average of 12 fatalities each week.
  • 25,485 accidents with injuries to one or more people, which on average, means there are 70 crashes each day that result in injuries.
  • 70,499 crashes with only property damage. An overall average of accidents that occur equals a work zone crash about every 5 minutes.

The majority of work-zone accidents occur during warmer months, which is not surprising as weather prevents road construction in many states during the winter season. It is interesting to split the data down into more specific categories as well.

In 2014, fatal crashes in work zones numbered 607. Of that number of accidents:

  • There were 669 fatalities
  • Speeding played a role in 172 accidents
  • Alcohol was involved in 132
  • Daytime crashes accounted for 65 percent of the total
  • More fatal accidents occurred on Tuesdays, Wednesdays and Thursdays

Also, 23 percent of these accidents occurred on urban-area highways and another 20 percent on arterials in urban areas. More than 40 percent of the crashes were noted as rear-end collisions.

The best action you can take when approaching a work zone is to slow down and obey watch for signs, flagmen and cones that are there to help you get through the zone safety. Drive the posted speed limit, which should give you plenty of time to react to detours, lane changes and perhaps other drivers who are not as cautious.

This article contains general information. It is not intended as legal advice.

Categories
Fatal Motor Vehicle Accidents

School buses designed to keep kids safe

When children are victims of a car accident, it is tragic. When a school bus crash causes multiple child deaths, the entire community is touched by the tragedy. Despite the high-profile incidents of ongoing school-bus crashes, including one in 2016 in Tennessee, the National Highway Traffic Safety Administration states that school buses are still the safest form of transportation for children headed to and from school. In fact, the agency puts a number to the safety factor, saying that a safe arrival at school is 70 times more likely by bus than by individual cars.

The agency attributes this safety factor to the general design of a school bus, plus the support of stop-arm laws in every state in the nation. School buses are very visible, due both to their height and the color they are painted—yellow, which in traffic signs and signals is the color for caution. They also have flashing red lights to attract attention, stop-sign arms to halt motorists and cross-view mirrors that give the drivers a better view of the road and the traffic on it. State laws support the use of the stop-arms, making it illegal for drivers to pass when it is used. Drivers use the stop-arm when children are getting on and off.

In addition to the exterior safety features, the interiors of larger school buses are designed using “compartmentalization.” This concept shifts the focus from seat belts to the seat compartment itself. Strongly framed seats are placed closely together and provide energy-absorbing seat backs to help prevent injuries. Smaller school buses, those weighing less than 10,000 pounds, more closely resemble passenger cars, so they require seatbelts.

Despite the laws and safety designs, school-bus accidents continue to occur. Fox News reports that Tennessee jurors earlier this year convicted a driver of negligent homicide in the death of six children in a 2016 accident. The driver was using a cell phone and going too fast to negotiate a curve. He ran the bus off the road, where it hit a pole and was flipped into a tree.

This article contains information that is general in nature and is not meant to be taken as legal advice.

Categories
Fatal Motor Vehicle Accidents

Sudden deaths can bring traumatic grief

Losing a friend or family member is always difficult, but when the death is through an accident or another surprising event, trauma is added to grief, giving survivors a one-two punch that sends them reeling. If you are dealing with the loss of a loved one from an accident, the legal team at Pryor, Priest and Harber offers our sympathies. We have worked with bereaved family members who are experiencing traumatic grief, and we know you need an extra measure of support and consideration.

Psychology Today describes traumatic grief as “extremely painful” because so many things can trigger reminders of the person and bring the loss back again and again and again—so it is always fresh and it is always a shock.

Having trauma and grief at the same time can also hinder people from coming to terms with the bereavement. Survivors try to hold on tight to memories and mementos because they are afraid that they will forget the deceased. Being driven by fears such as these, the normal process of remembering that person and coming to terms with the loss becomes obscured.

One of the reasons grief is such a painful emotion is that the bonds people have with the deceased do not end with their deaths. One fights against being separated from that bond, and feelings that accompany grief are anxiety and difficulty understanding the loss. This confusion is called numbing, which may bring feelings of denial and shock, even more so when death is a sudden event.

Grief is normal, and it is a different experience for everyone. In time, the physical pain eases, and people may find the loss spurs them to build closer relationships with surviving friends and family members.

If you are dealing with traumatic grief due to the loss of a loved one in an accident and need representation, contact our team at Pryor, Priest and Harber. To learn more about our services, visit our webpage.

Categories
Motorcycle Accidents

A current outlook on helmet laws

The debate over whether motorcyclists should wear protective helmets when riding has been a seemingly endless one. Motorcycle enthusiasts across the nation are divided on this subject, some arguing that it crosses the line in terms of one’s freedom. Tennessee motorcyclists are currently required to wear a helmet while operating bikes on the road, but might those laws change in the future?

According to one U.S. News article, some motorcyclists have recently continued the fight for freedom, despite the rising numbers of fatalities in some states that have loosened laws surrounding required helmet use. Some riders even go as far as to connect the freedom of choosing to wear a helmet with the freedom of speech; others claim that a tumble from a bike will likely do damage regardless of helmet use. However, doctors and safety experts alike argue otherwise, stating that making this choice comes with serious risks. While studies show a rising number of deaths alongside changes in helmet laws, one motorcyclist highlighted in U.S. News’ article pointed out that an increasing number of motorcycle registration across the country has actually reflected a decrease in deaths since helmet-less laws took effect. 

As motorcyclists, safety experts and insurance agents continue to disagree over helmet laws, there appear to be no changes in Tennessee’s regulations on the matter. The Governors Highway Safety Association shares that a universal helmet law has been in effect in the state since 1967. This universal helmet law was, in part, popularized with the benefits it brought along: highway safety funds. The penalties for noncompliance with this law has since been revoked, but the GHSA adds that 47 states still enforce helmet laws for motorcyclists.   

 

Categories
Truck Accidents

New guidance on personal use of big rigs

Among the many concerns that Tennessee residents must contend with on the roads is the danger posed by large commercial trucks. Fatigued drivers can be a serious problem given the number of long and lonely hours that truckers spend behind the wheels of their rigs. The Federal Motor Carrier Safety Administration has issued a rule that was designed to reduce fatigue among truckers in an effort to reduce accidents and improve safety. 

Called the Hours of Service rule, this law caps the number of hours that a trucker may work in a given day or week, how many of those hours may be spent driving versus doing other activities, when breaks should be taken and how long those break periods must last before work is allowed to resume. 

Fleet Owner recently reported that the government has now issued a new set of guidance that some might fear could blur the lines here a bit. In short, commercial vehicle drivers may now be allowed to use their trucks for personal purposes. The amount of time they spend driving trucks for personal use is not to be factored into their capped number of drivable working hours in a day or week.

This means that a trucker theoretically could end up spending far more hours behind the wheel of a semi truck or other large vehicle than many people would like to think. It also may open up a lot of questions about liability if an accident were to happen when a trucker was officially off duty but operating a commercial vehicle.

 

 

Categories
Motorcycle Accidents

Ooltewah motorcyclist killed in car accident

One might say that motorcyclists in Knoxville are already at an inherent disadvantage when it comes to staying safe on the road. The lack of protection offered by their bikes means that even in a minor collision, they could be at risk of suffering severe injuries. There are steps that motorcyclists may take to mitigate those risks (such as wearing a helmet and protective clothing), yet they also have to worry about inattentive motorists. It can be difficult to see motorcycles on the road, and despite extensive campaigns to increase awareness of motorcyclists, many drivers may still forget to do those simple things to make the road safer for all. 

Sadly, devastating consequences typically accompany collisions between motorcycles and vehicles. This fact was on full display following a motorcycle accident near Meigs County. Authorities believe that a driver pulled on to local highway from a private driveway without seeing a motorcycle approaching. The resulting collision between the two vehicles resulted in the motorcyclist (an Ooltewah resident) being thrown from his Harley Davidson. He died from injuries sustained in the collision. It was later reported that the motorist was not injured at all. 

The pain of losing a loved one in a motorcycle accident might be equaled only by the concern that may come from trying to figure out how to fill the emotional and financial voids he or she leaves behind (this coming after his or her family also having to pay potentially inordinate medical expenses). In such a scenario, family members may be left with little choice but to seek compensation from the responsible parties. An experienced attorney may be a valuable asset to consult with when working to secure such compensation.  

Categories
Drunk Driving Accidents

Assigning liability even if a driver is not legally drunk

Determining liability for car accidents that occur in Knoxville can often be tricky, especially when no clear cut evidence points at one particular party. In cases where suspicion as to whether or not alcohol may have been involved exists, those who are believed to have been drunk at the time of an accident may point to them not having been shown to be legally intoxicated on a sobriety tests as absolving them. By now, popular media and word of mouth likely has filled most of the general public in on the details found in Section 55-10-401 of Tennessee’s Annotated Code: that a blood-alcohol concentration of .08 percent is the standard for determining intoxication. 

Hidden within this standard seems to be an implication that it is permissible for one to drive after having consumed alcohol provided that his or her BAC remains under the legal limit. While one certainly could be said to be taking a big gamble by assuming that his or her BAC is below .08, technically he or she could avoid a DUI in such a scenario (the exception would be one driving a commercial vehicle; his or her BAC need only be above .04 to be charged with DUI). An important point to remember, however, is that simply because one suspected of driving under the influence did not register a reading above the legal limit, that does not absolve him or her of liability if his or her impairment caused a car accident. 

There may be another way to legally link local drunk driving laws to an accident even if a driver’s BAC is not above .08. Per the Tennessee Department of Safety and Homeland Security, the state does have an open container law. A proven violation of this law may cited when trying to assign liability in an accident.