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Author: Anthony Proffitt

Categories
Truck Accidents

Nasty truck crash ends well for everyone

Any driver who has been involved in, or witnessed, a truck accident on the highway knows that these accidents can be particularly grisly. This is largely because a commercial truck generally dwarfs all other cars that it shares the roads with, resulting in maximum damage and injury to the drivers in the other vehicle.

However, one trio recently escaped a rather nasty trucking accident with minimal injuries. The 33 year old man and his two sons were taken to a hospital after being pulled from the wreckage of their car, which had been jammed underneath a commercial tractor trailer. The trailer, carrying milk, had driven a short distance with the other car crammed under it without noticing. However, the man and his sons had only non-life threatening injuries. Likewise, the driver of the trailer was not injured at all during the crash.

The crash itself looked gruesome at the time. The driver of the other vehicle reportedly lost control of his car due to a lane switch in the heavy rain. It was reported that the truck driver ran over the first car shortly thereafter, driving directly over the top of it and wedging it beneath the tank carrying milk. The tank itself was not leaking at the time police arrived on the scene. However, the diesel fuel was. That leak was stopped by the fire department.

Even accidents that don’t result in life-threatening injuries can be traumatizing for the people involved. Moreover, accident expenses can be extremely costly. Because of that, anyone who has been in an accident with a commercial truck may wish to contact an attorney for further guidance.

Source: ABC News, “Car Wedged Under Milk Tanker in Accident on a Tennessee Highway,” Kaylee Heck, July 3, 2015

Categories
Drunk Driving Accidents

Dealing with insurance companies post-accident

Accidents are a stressful situation for you, and they can be made even more stressful because it may seem like even your own insurance company is not on your side. Not to mention the fact that you may have to face a difficult battle to get the proper compensation out of the other driver’s insurance. So what can you do?

First, you can be prepared for that battle. Go into it knowing that you will likely have to fight to get full compensation. This is because insurance companies will automatically look for ways to downplay your injuries in order to limit the potential payout. This is common practice for insurance companies, because that is how they make money. By limiting the amount you will be able to claim, they will not lose too much.

You should also be prepared to prove yourself in the right if you are going up against another driver’s insurance. They will do their best to pin the fault of the accident on you or, barring that, to find some other detail that will not incriminate the driver under their coverage. This is why it is so important to have aggressive representation. Otherwise, it may be easy for insurance companies to cheat you out of your money.

If you would like to read more about what you can do to prepare yourself for facing insurance companies after your accident, please visit the link. It will take you to our web page, which has detailed information regarding what to expect from insurance providers in the wake of a crash as well as how to handle it. 

Categories
Drunk Driving Accidents

Tennessee stands out among DUI crackdown states

States are cracking down left and right on drunk drivers. This is due to the serious consequences of drunk driving accidents, such as the potential loss of life that can come with a fatal crash. Some states are going to incredible lengths to make sure that drunk drivers face severe penalties even for a first-time DUI.

Tennessee in particular is known for being very strict among the states for DUI related charges. One patrol officer stated that it is not surprising for legislature to act on a problem that causes so many fatalities. A study done by the National Highway Traffic and Safety Administration determined that 31% of fatal motor vehicle accidents are caused by inebriated drivers. Another study stated that DUI related accidents comprise roughly 30-40% of roadway fatalities. The high amount of life lost in these DUI accidents can be considered a reason why Tennessee is the 12th harshest state when it comes to enforcing DUI laws.

Tennessee is also one of the harshest states when it comes to cracking down on DUI drivers. For example, a first time drunk driver in Tennessee can still face a minimum jail sentence of two days. That is only the minimum; the sentence can potentially last longer. Additionally, even first time offenders can face huge fines of up to $2,500.

Cracking down on drunk drivers and doling out harsh punishments is par for the course in Tennessee. Because of the rigidity of their DUI laws, anyone who is facing a DUI related charge may benefit from contacting an attorney, even if they are only facing a first time charge.

Source: WCYB, “Virginia & Tennessee among toughest states on DUI,” Kristen Quon, June 17, 2015

Categories
Truck Accidents

What to do after getting hit by a truck

If you or a loved one has been in a trucking accident, you understand the high damage toll that these types of accidents can take. This is due to the fact that trucks are large, fast, and heavy. When compared to an average car, a lot of damage can be done.

There are many different factors that have to be looked at when the court goes over your accident case. For example, not only does the state of the truck itself have to be inspected, but the state of the driver does as well. An accident could occur because the truck was not well maintained by the company. It could also happen if the driver was forced to drive too many hours. Being overworked and driving a large vehicle can be dangerous to anyone else on the road. The driver will usually also be checked to ensure that they were not driving while under the influence. In any case, a truck accident’s fault can lie with many different parties.

Then, you need to consider how to tackle this case in court. For example, you must consider whether or not multiple insurance claims will apply to your situation. The truck company may have insurance, as well as the owner of the freight, and the driver of the truck at the time of the accident. You may also need to deal with the driver’s log, in which case you will want to know if it’s accurate and can be used as evidence in court.

If you would like to read more about truck accidents and the many components that make one up, please visit the following link. It will take you to our web site, where you can learn more about the different aspects of a trucking accident and how it may impact you.

Categories
Car Accidents

How does crash reconstruction relate to an accident?

Crash reconstruction is a common part of court cases that involve accidents, especially ones in which there were not many outside witnesses who were able to view and report the accident. But how does crash reconstruction fit into a case?

When an accident occurs and there are not many people around to witness it, crash reconstruction specialists are often called on in court. It is the job of these certified professionals to reconstruct an accident based on the physical evidence that they have, and possible some eye witness accounts, as well as the accounts of people in the vehicles at the time of the accident. ACTAR, the Accreditation Commission for Traffic Accident Reconstruction, is the organization responsible for handing accreditation to professional accident reconstruction specialists. Once they have been accredited by ACTAR, they are legally allowed to be called on as a witness in court.

There are many different factors of an accident that reconstruction specialists look at beyond witness reports. The history of the drivers, the model and history of the car, the scene of the accident and more are all inspected closely. Their job is to be as thorough at investigating as possible. While their word is not necessarily law, it can have a heavy weight to it when they testify in court. This is why they are so important to accident related court cases.

Reconstruction specialists can change the course of an accident-related court case. Their importance is not exaggerated, so anyone who has been in an accident before should be prepared for the possibility of crash reconstruction coming into play in their case.

Categories
Car Accidents

Lack of seatbelt potentially contributes to fatal accident

It is illegal to drive without a seat belt. Tennessee participates in the Click It Or Ticket campaign designed to get more drivers to wear their seat belts. This is due to the fact that an already dangerous car accident can potentially be made lethal due to a lack of seat belts.

This may be the case with one recent fatal accident. The accident occurred on Tuesday morning and is still currently under investigation. Accident reports state that the vehicle in question ended up flipping about 7 times after making an overcorrection on the freeway. The truck reportedly began to shift to the left side of I-75 before it was overcorrected.

The driver of the truck, a 46 year old man, was not wearing his seat belt at the time of the accident. It was reported that he was ejected from the vehicle at some point, though it is not yet clear at what point in the accident the ejection occurred.

As the investigation is still underway, there is no solid proof to determine why the accident occurred or why it was fatal. However, it is a known statistic that wearing a seat belt cuts down on fatalities in the case of accidents, as it prevents those who wear it from being ejected during impact.

Reminding loved ones to buckle their seat belt is a way of showing care. Anyone who has dealt with a loved one being in an accident without a seat belt understands what a difference this one action can make.

Source: WBIR.com, “Man identified in fatal I-75 crash,” June 9, 2015

Categories
Fatal Motor Vehicle Accidents

How can fatal crashes be prevented?

Not all accidents are preventable. This is the very nature of an accident. They are unpredictable, and therefore it is not always possible to take preventative measures against them. However, there are a few cases in which certain factors exacerbate the chances of an accident happening. These factors are what can be eliminated.

In 2012 alone, the number of lethal car accidents across the U.S. totaled up to 30,800. While that was a drop from previous years, it is still a very large number. The National Highway and Traffic Safety Administration keep track of every lethal car accident that occurs in the country. They also keep track of the causes for these accidents. This can lead to the discovery of certain patterns which increase the likelihood of an accident.

There are some causes that simply are not preventable. However, a number of accidents are either due to negligence on the part of one or more drivers, poor maintenance of a vehicle, or faulty manufacturing of the vehicle. There are also accidents that occur because of entirely preventable things like driver distraction or impairment. This is why there are so many campaigns geared against drunk driving or texting while driving. Taking one’s eyes away from the road for even a second can result in a potentially lethal accident.

While it is impossible to entirely stop accidents, these preventable aspects can at least be controlled. One of the best things that a person can do to prevent accidents while on the road is paying attention.

Categories
Car Accidents

Getting your money back after an expensive crash

Accidents can have long-lasting impacts on a person’s life. This is especially true when it comes to the monetary consequences of the crash. Accidents can be a huge generator of financial stress, and that stress may seem to worsen over time. However, there are different ways that a person can ease their financial burden.

It is possible to recover from certain monetary loss through reimbursement in the case of an accident. The Department of Motorized Vehicles lists the different payments and fees that can be reimbursed after a crash. Some of these costs can include vehicular damage, property damage, or medical bills. The medical bills could be short term, but it is also possible to get reimbursement for any long term medical costs that may accumulate. A person may even get their deductible back after it has been paid, but they must first prove that they were not at fault for the accident. This is necessary for any type of reimbursement.

It is also a good idea to look at the potential costs that you may be facing after an accident. The National Highway Traffic and Safety Administration states that certain bills can be anticipated in the aftermath of a crash. These bills can include car repairs, medical tabs, insurance coverage, and temporary vehicular replacements. Going to court over the accident can also up the potential amount of money that will be lost. Additionally, missing work could cost a pretty penny. While not all of these costs can be combated, they highlight why it is important to combat what can be fought against.

The stress of monetary deals after an accident can be large. Reducing costs is one way to reduce stress as well. It will take strain off of a person’s mind and off of their wallet, which will be better for their health in the long term.

 

Categories
Drunk Driving Accidents

Does Tennessee have dram shop laws?

The National Conference of State Legislatures explains that 30 states have enacted dram shop laws. These laws provide a potential source of compensation for drunk driving victims. If a business served alcohol to someone who then drove while intoxicated and caused an accident, the injured parties in that accident may sue the business. Tennessee is among the 30 states which allow dram shop liability lawsuits. 

Tennessee’s dram shop laws require victims (also called plaintiffs) to first and foremost prove that their injuries stemmed from the accident. Then, the plaintiff must link the defendant business to those injuries. Under Tennessee laws, the proximate cause of drunk driving accidents is the DUI driver’s consumption of alcohol. In other words, the general presumption is that a DUI driver causes accidents by consuming alcohol.

To successfully bring a dram shop case, plaintiffs need to overcome this presumption. Doing so requires establishing that the business sold or served alcohol. This alcohol must have been provided to a person below the legal drinking age. Alternatively, the victim may show that the defendant sold or served alcohol to an obviously drunk person.

Plaintiffs must also prove that their injuries were proximately caused by the business’ sale or distribution of alcohol. This is generally a jury question. The jury members must determine that the business’ actions were connected to the traffic accident. This link must be sufficient to hold the business liable for the plaintiffs’ injuries.

Should a plaintiff successfully file a dram shop lawsuit, it may be possible to obtain damages which address the emotional, financial and physical losses that they suffered. 

Categories
Fatal Motor Vehicle Accidents

2-vehicle accident kills Tennessee teenagers

Tennessee teenagers can feel invincible, especially if they have recently learned to drive. Unfortunately, the roads can be a dangerous place. In a split second, a fun ride with friends can quickly turn tragic. When such accidents occur, the family members of the deceased are often left dealing with grief and anger. This is especially true when the accident was caused by a drunk driver.

Two 17-year-old girls were killed a DUI car accident. The teenagers both attended school in Memphis, Tennessee. Reports do not offer details regarding the girls’ injuries. It is unclear from reports whether the deceased girls were pronounced dead at the scene or were transported to a hospital first.

The girls were traveling in a vehicle with three other people. Two of these were also hurt in the crash, but their injuries were not life-threatening. The fifth person did not suffer any injuries. Reports do not clearly explain the relationship between these five people.

The other vehicle was driven by a 32-year-old man from Mississippi. He has been charged with DUI death and DUI injury. Reports do not state whether any other people were riding in this man’s vehicle at the time of the accident.

If you are struggling with emotional and financial losses brought on by the untimely death of a loved one, pursuing wrongful death litigation may be helpful. These types of civil lawsuits may provide peace and a sense of justice to those left to pick up the pieces after a tragic death. Succeeding with such a lawsuit may offer you and your family closure. If you want to gain a better understanding of wrongful death lawsuits, it may be helpful to speak with an attorney.  

Source: wbbjtv.com, “Arrest made in fatal accident involving Memphis teens,” June 1, 2015