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Author: Anthony Proffitt

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Fatal Motor Vehicle Accidents

Identifying the warning signs of an aggressive driver

Although Tennessee is not one of the 11 states in the nation that penalizes overly aggressive drivers, road rage poses a serious danger to motorists. These hostile drivers are involved in approximately 56 percent of motor vehicle accident deaths across the country, according to the Insurance Information Institute. When motorists become enraged, they often exhibit certain dangerous driving behaviors that increase the risk of tragic collisions, injuries and fatalities.

After evaluating 2013 car accident fatalities, the National Highway Traffic Safety Administration reported that excessive speed and drunk driving were the top two aggressive behaviors that lead to fatal car accidents.  Drivers should also look for other common warning signs of road rage, which include the following:

  •          Racing with other vehicles
  •          Running stop signs and traffic signals
  •          Tailgating or following too close
  •          Switching lanes abruptly without signaling, weaving in and out of traffic
  •          Passing vehicles illegally, such as on the shoulder, over the median or in a ditch
  •          Honking, flashing lights, yelling and/or giving other rude gestures

According to a survey conducted by AAA, eight out of 10 motorists could be classified as aggressive drivers. This surprising number brings to light just how serious of a threat road rage is to Tennessee motorists.

People with road rage are threatening and put other peoples’ lives at risk. Motorists who see people driving erratically are encouraged to call and report the incident to law enforcement. Furthermore, drivers should avoid engaging with or aggravating hostile drivers in order to avoid becoming involved in an auto accident.   

Categories
Car Accidents

Tennessee child safety seat laws may become stricter

Most parents in Tennessee and across the country understand the importance of buckling their infants, toddlers and small children into a safety seat when in the car. It is mandatory for parents in Tennessee to use car seats and booster seats to restrain their children for the first eight years of their lives. A proposed law, however, would increase this age significantly in hopes of decreasing the number of kids who are killed each year in tragic automobile accidents.

As with many proposed laws, there are both supporters and opponents of the new child safety seat law. While some people believe that the new requirements go too far, others argue that it is best to keep children in safety seats for as long as possible. If Governor Bill Haslam authorizes the proposed law, babies will be required to stay in rear-facing car seats until the age of two, forward-facing car seats until the age of five and booster seats until they reach a height of 4-foot-9 or turn 12 years old.

According to research performed by the Centers for Disease Control and Prevention, child safety seats are 71 percent effective at reducing the car accident injury and death rate for infants under one-year of age and 54 percent of children between the ages of one and four years old.

When children are involved in a tragic accident, the results can be catastrophic, especially if they are improperly restrained. A personal injury attorney may be helpful to those who have experienced such an accident.

Source: WJHL News, “Proposed Tennessee law would increase safety seat requirements to 12-years-old,” Sydney Cameron, Mar. 8, 2016.

 

 

 

Categories
Truck Accidents

Federal law requires truckers to undergo drug and alcohol testing

Truck drivers must be qualified, rested and fully coherent in order to safely operate their massive tractor-trailers. Unfortunately, a number of large truck operators choose to drive drunk and risk the lives of thousands of people in Tennessee and across the country. As a way to minimize the risk of truck accidents caused by drunk truck drivers, the Federal Motor Carrier Safety Administration mandates that all commercial driver’s license holders take a drug and alcohol test prior to hitting the open road.

According to the United States Department of Transportation, all part-time, full-time and intermittent commercial truck drivers must be tested for cocaine, opiates, marijuana, amphetamines and PCP. In addition to these substances, truck drivers must undergo an alcohol test to determine their blood alcohol content level. Not only should these tests be given before a trucker is hired, but they may also be required after drivers are involved in certain types of truck accidents.

When a truck driver is given a citation for an accident involving bodily injury to another person or damage to another motor vehicle, the employer must give him or her a drug and alcohol test. In accidents where a human fatality is involved, the truck driver must be tested regardless of whether he or she is cited for the incident. States are able to implement more stringent testing regulations, as long as they meet the minimum federal requirements. Truckers who refuse to take a drug and/or alcohol test or fail a test will most likely lose their ability to drive a truck. In order to regain their commercial driver’s license, the truck driver must undergo a return-to-duty process.

Commercial Carrier Journal reported that the FMCSA has set up a CDL drug and alcohol clearinghouse, which is a database that contains the test results of truck drivers across the nation. Employers and officials can log into the database and find truck drivers’ test results. This will hopefully reduce the number of negligent truck drivers on the road. 

Categories
Drunk Driving Accidents

How to identify the signs of a drunk driver

As motorist in Knoxville, you may follow all of the traffic and safety regulations when sharing the road with other vehicles. Regardless of how cautious you are while driving, however, there is the ever present danger that you may become involved in a car accident caused by a drunk driver. By knowing how to identify the signs of an intoxicated motorist, you may be able to avoid becoming the victim of a serious automobile collision.

According to Mothers Against Drunk Driving, there are some definite driving behaviors that could alert you to an intoxicated or otherwise negligent motorist. These drivers may be found swerving in and out of traffic lanes and might even straddle the center line. You may also spot intoxicated motorists driving at night with their headlights off or following other vehicles too closely. Motorists who have been drinking often drive extremely slow, which in some cases, may be as low as 10 mph under the posted speed limit.

People who are drinking and driving experience a decreased or increased reaction time. They could either slam on their brakes in response to a traffic light, object in the road, pedestrian crosswalk or bad weather conditions, or they could fail to brake in time.

Drunk drivers put the lives of everyone on the road in danger. If you should happen to spot a motorist who is driving erratically, you may want to call the authorities. The few minutes it takes to report the driver may just save someone’s life.

This information is only intended to educate and should not be taken as legal advice.

Categories
Motorcycle Accidents

What are the benefits of taking motorcycle safety classes?

Although you may feel as though riding a motorcycle is second nature, you may not fully understand the mental and physical skills and techniques that are needed to operate a bike. Motorcycle safety classes are offered in Knoxville and across Tennessee as a way to help you become more familiar with the hazardous situations you may face on a bike, as well as how to react if you should encounter dangerous road and traffic conditions.

There are many reasons why you should take a motorcycle safety class, as reported by Discovery News. First, and most importantly, it may help you avoid becoming involved in a devastating motorcycle collision. When riding a motorcycle, you are exposed to different obstacles than when operating a vehicle. By knowing what to look for and how to ride defensively, you may save a life.

Motorcycle safety classes can help you get your motorcycle license in a more timely manner and save you money as well. According to the Tennessee Department of Safety and Homeland Security, bikers who pass a vision test, complete the motorcycle rider education program and pay the mandatory fees do not have to take the license skills and knowledge tests that are otherwise required to obtain a motorcycle license.

In addition, you may be entitled to a significant discount on your insurance premiums by obtaining a certificate of completion from the motorcycle safety program. Motorcycle classes give you the opportunity to learn new skills, refine old skills and even develop advanced techniques that could help you stay safe on the road.

This information is only intended to educate and should not be taken as legal advice.

Categories
Drunk Driving Accidents

Intoxicated Tennessee teen causes fatal car accident

Drinking and driving at any age can cause devastating auto accidents, injuries and possible death in Tennessee and across the U.S. However, the risk of a catastrophic collision becomes even greater when an inexperienced and intoxicated teen gets behind the wheel of a vehicle.

A young man faces up to 30 years in prison because of the decision he made to drive while intoxicated. His poor choice changed the lives of several people, including a 19-year-old girl who was killed in the crash. Not only was the teen speeding at the time, but he ran a red light and collided into the young girl’s driver side door. The impact forced her car into another vehicle, causing the driver of that car to sustain serious injuries as well. The teen then tried to flee the scene of the crime, but was caught and detained by witnesses of the incident.

After being tested, the teen’s blood alcohol level content allegedly measured 0.14 percent, which is significantly higher than the 0.02 percent legal limit for an underage minor in the state. He has been indicted for the death of the young girl and faces criminal charges of first-degree assault, manslaughter and leaving the scene of an accident with injury.

When people make bad decisions, they should be held responsible for the consequences of their actions. Their negligence ultimately puts peoples’ lives in danger. When tragic auto accidents occur, victims may want to speak with an experienced personal injury attorney in Tennessee regarding their legal rights and options. 

Categories
Motorcycle Accidents

Motorcycle safety classes: What bikers should know

Although motorcycles are a practical and thrilling mode of transportation for some Tennessee residents, motorcyclists are vulnerable when sharing the road with larger vehicles. According to Discovery News, motorcyclists should not only know how to safely operate a motorcycle, but they should understand the limitations of a motorcycle and how to react in certain hazardous situations. The Tennessee Department of Safety & Homeland Security offers a motorcycle rider education program that is designed to educate motorcyclists on these very topics. The program also helps people through the motorcycle licensing process.

The motorcycle safety program groups people with similar skill levels together by offering two courses, including a class for new motorcyclists and one for advanced riders. The beginning class focuses on basic rider training through group discussion and actual riding experience. The advanced class enables riders to learn new techniques, practice their skills and further improve their safety on the road. Each course is taught by certified instructors who provide students with all the training materials they will need to use during the class.

Students who register for either class must come prepared with safety gear that they will need to participate. These items include an approved helmet, long pants, a long sleeved shirt or jacket, leather gloves, shoes that extend over the ankle and eye protection. Motorcycles are provided to participants for use on the Advanced Rider Course, as well as for basic safety training.

Taking a motorcycle safety course is a must for people who are new to biking, are more experienced bikers or are simply interested in purchasing a motorcycle. By understanding the critical topics covered in these courses, bikers may be able to avoid a catastrophic motorcycle accident in the future. 

Categories
Drunk Driving Accidents

Repeat DUI offenders in TN could lose their vehicles

Drunk driving offenders in Tennessee are subject to some of the strictest penalties in the country. One of these penalties involves the state’s right to confiscate the vehicles of repeat DUI offenders, as reported by the Governors Highway Safety Association. Although Tennessee’s mandatory ignition interlock law and other DUI restrictions are designed to keep drunk drivers off of the road, there are some drunk drivers who continue to get behind the wheel while intoxicated. As a result, innocent people are injured and killed in drunk driving car accidents every year.

According to the Tennessee Department of Safety & Homeland Security, drunk drivers who are convicted of two DUI offenses within a five-year period may have their vehicles confiscated by law enforcement. Once an officer determines that a driver has indeed been convicted of multiple DUI offenses, he or she can fill out a Notice of Seizure and Forfeiture of Conveyances form. The form is then given to the offender, who is responsible for having the case brought before a judge to determine whether there is enough reason to seize the drunk driver’s property.

Before the case is taken further into the judicial process, the officer who initiated the seizure and attorneys will attempt to negotiate an out-of-court settlement with the offender. If an agreement cannot be made, however, the case may go before an administrative law judge, who will make the final ruling. Ultimately, the property may be placed into service, sold at a public auction or eventually returned to the owner.

By taking the vehicles of people who have been convicted of multiple DUI offenses, law enforcement officers are helping to clear the roads of dangerous drivers. 

Categories
Truck Accidents

The controversy surrounding tractor trailer underride guards

When motorists ride next to tractor trailers on Tennessee roadways, they may feel comforted by the fact that these massive vehicles, truck drivers and trucking companies are regulated by several federal and state agencies. As the large truck accident fatality rate continues to increase, however, many people are wondering whether the current big rig safety devices are enough. One safety regulation requires certain big rigs to be equipped with rear-end underride guard bars that are designed to protect smaller passenger vehicles from riding underneath the truck if a collision occurs. Unfortunately, a number of these safety mechanisms are not built strong enough to withstand the force of an accident. According to the National Highway Traffic Safety Administration, many underride bars run the risk of breaking or crushing under pressure, which poses an even bigger threat to motorists.

According to the Insurance Institute of Highway Safety, Canada also requires trucks to be equipped with underride guards. However, they mandate that the guards must be able to handle an impact of nearly twice the force of what current American underride guards are required to have. Studies found that the Canadian models are often more effective at preventing serious injuries caused by underride bars. The NHTSA is petitioning to strengthen the current underride guard standards, and to expand the use of these safety devices to all types of large trucks.

Currently, there are no regulations in the United States mandating the use of side-rail or front-rail bars, despite research showing that side-rail guards in large trucks could possibly reduce the risk of serious injuries and deaths, according to the IIHS. Although truck manufacturers are not required to build the stronger underride bars, some companies have built the underride guards according to Canadian standards.  

Categories
Fatal Motor Vehicle Accidents

Officers encourage Tennessee motorists to buckle up

Although it only takes a few seconds for motor vehicle drivers and passengers in Tennessee to buckle up before hitting the road, many neglect to do so. Unfortunately, a surprising number of lives are lost as a result of this simple oversight. In fact, the Governor’s Highway Safety Office reported that the number of people who wore seat belts last year dropped to 86.6 percent. In an effort to increase the seat belt compliance rate to above 90 percent, the Rutherford County Sheriff’s Office has launched a campaign encouraging everyone to buckle up every time they drive or ride in a vehicle.

The Seatbelts Are For Everyone campaign is aimed at informing the public of what could happen when they fail to wear a seat belt. According to the GHSO, approximately half of all motor vehicle accident fatalities in the state involve people who were not restrained during a collision. Sadly, these are lives that could have possibly been saved had they remembered to buckle up.

In addition to spreading information to the public through traditional routes at safety and seat belt events, this year the campaign will involve community high schools. Students will have access to the Seat Belt Convincer simulator, which shows teens what could happen if they are involved in a low speed collision without being restrained.

While many new vehicles come equipped with the latest technology and safety devices, the seat belt continues to be one of the most critical life savers. People who are involved in a serious auto accident, and have sustained injuries or have lost a loved one due to another person’s negligence, may want to speak to a personal injury attorney in Tennessee. A lawyer may be able to answer questions regarding personal injury cases and what options are available.

Source: WGNS News Radio, “50% of those killed in Tennessee auto accidents were not wearing seatbelts,” Jan 28, 2016.