Author: Anthony Proffitt

Many states, including Tennessee, are grappling with the issue of distracted driving. To combat distracted driving behaviors, legislators in multiple states have passed laws prohibiting the use of handheld cellphones while driving. It is likely that many of these legislators were acting on the presumption that hands-free phones and devices are safe. However, a recent report indicates that this may not be true.

The American Automobile Association Foundation for Traffic Safety has found that those who use hands-free devices while operating vehicles can still experience cognitive distraction while driving. This is a specific type of distraction which carries distinct safety concerns.

The AAA report explains that hands-free phone use is only slightly less distracting than handheld options. The study also notes that the worst cognitive distractions stem from speech-to-text systems.  Many may find this surprising, as such systems allow drivers to have both hands on their steering wheels and keep their eyes focused on the road.

A National Safety Council white paper, published in 2012, supports AAA’s findings. The NSC paper states that drivers who used cell phones—whether handheld or hands-free—quadrupled their chances of being in a car accident which produced property damage and personal injury. The NSC white paper attributed this increased risk to inattention blindness. Inattention blindness is a term used to describe drivers’ inabilities to process information about their driving environments, despite the fact that they are physically able to see the objects surrounding them. Common results of inattention blindness are lane deviations and slower reaction speeds.

According to the Governors Highway Safety Association, there is currently no statewide ban on handheld devices for drivers in Tennessee. However, if you live or drive here, you should be familiar with some the distracted driving laws that are in place, such as the following:

•        It is illegal for any driver to text behind the wheel in Tennessee.
•        School bus drivers are not permitted to use handheld devices while there are students on board.
•        Motorists who have either intermediate licenses or learner’s permits may not use a cell phone while driving.

The penalties for breaking these laws may include a fine and possibly a suspended license, if the behavior results in a serious traffic violation or accident.

Far worse, using a phone behind the wheel can lead to injury and even death. According to the Tennessee Department of Safety and Homeland Security, there were more than 21,000 crashes attributed to distracted driving in 2014. The agency reports that thousands of people lose their lives every year due to driver inattention.

Some drivers believe that using hands-free or wireless communication devices are a safer way to have a conversation while on the road. However, the AAA Foundation for Traffic Safety released a report that found that this kind of technology still takes a driver’s focus off the road and increases the risk for an accident.

Experts suggest avoiding all distractions while driving, which includes texting, talking on the phone, eating and grooming.

While this information may be useful, it should not be taken as legal advice.

Tennessee residents might be familiar with the news report about Bruce Jenner’s recent car accident and the wrongful death lawsuit he faces. According to reports, surviving family members of a woman who died in the car accident on Feb. 7 have filed civil charges against Jenner, claiming that the 65-year-old ex-athlete is to blame for driving in a negligent manner that caused the crash.

The chain-reaction accident reportedly transpired when Jenner, whose vehicle was pulling a trailer carrying an all-terrain vehicle, smashed into the back of another vehicle, pushing it into a third vehicle. The force of the impact sent the third vehicle into the opposite lane, where it collided head-on with a fourth vehicle. The driver who got sent into oncoming traffic, a 69-year-old woman, died in the crash.

Authorities have used details from traffic camera footage to assist in their investigation. They stated that the footage does not reveal that Jenner was using a mobile device when the crash occurred. At the time of reporting, investigators were still working to determine the cause of the accident, and no criminal charges were filed against Jenner. Although the suit, which is being filed by two of the decedent’s stepchildren, did not disclose the monetary amount of damages the family is claiming, it was reported that the family has suffered a large amount of losses.

A person who was injured or who has lost a loved one in a car crash due to a driver’s negligent actions might consider pursuing compensation through a civil court action. A personal injury lawyer may be able to evaluate the police report, witness statements and camera footage for evidence that might point to the driver responsible for the accident. If negligence was found to be a factor in the crash, the plaintiffs may receive a monetary award for their accident-related losses. In some wrongful death suits, the surviving family members may recover non-economic losses such as loss of companionship.

Source: FOX News, “Bruce Jenner being sued for wrongful death in fatal traffic accident,” May 1, 2015

A car accident that occurred in Tennessee on May 2 left one person dead and two others injured. According to authorities, the incident took place near the intersection of 40th Avenue North and Albion Street close to Tennessee State University.

Police stated that a 37-year-old man was traveling along Clifton Avenue in a black Chevrolet Camaro at a high rate of speed when a police officer attempted to conduct a traffic stop. When the man turned onto 40th Avenue North, the officer reportedly decided not to pursue the vehicle. At approximately 5:40 p.m., the Camaro collided with a Chevrolet Trailblazer that he was attempting to pass. The impact caused the Camaro to leave the roadway and strike a building while the Trailblazer rolled over.

The driver of the Camaro was transported to a nearby hospital for treatment of his injuries. A passenger who was in the Camaro, was pronounced dead at the scene. The driver of the Chevrolet SUV was also taken to a hospital for treatment of minor injuries. Authorities reported that they retrieved a handgun, cash and an unknown amount of marijuana from the Camaro and that charges may be filed once the investigation is completed.

Those who incur an accident injury after becoming involved in a crash with a reckless or careless driver may wish to file a personal injury lawsuit in order to seek compensation for any losses that they sustained. This type of civil lawsuit, which often seeks the costs of medical care and treatment as well as other damages, is possible even if no criminal charges are issued to the responsible driver.

Source: WKRN, “1 killed, 2 injured in crash near TSU“, 05/04/2015