Categories
motor vehicle accidents

Tennessee drivers should not leave an accident scene

If another vehicle collides with yours, you may wonder what the other driver’s duties are following the accident. For example, a driver who hits you in a vehicular collision must not leave the scene. Departing after an auto accident may not only cause you greater harm if you have suffered injury, but the other driver may incur criminal charges.

A recent case in Knoxville illustrates the kind of trouble a motorist can get into for not stopping at an accident scene involving serious injury to other parties.

Charges in a recent accident

Knoxville’s WVLT reported on an auto accident that occurred on a Sunday on I-640. According to Knoxville police, a man driving while under the influence impacted a vehicle and caused critical injury to a woman and minor injuries to a five year old. The driver departed the scene soon after. Later, the police placed the driver under arrest not only on suspicion for driving while under the influence, but for leaving the scene of an accident.

Requirements under law

Tennessee law is clear that any driver who has involvement in an accident must stop at the accident scene or as close to the scene as possible and remain there. This stipulation also applies to places like shopping centers, apartment complexes or trailer parks, anywhere where the public is likely to frequent.

The driver must fulfill a number of duties before departing the accident. The other driver must tell you his or her name, address and vehicle registration number. If you have suffered injury from the accident, the other driver must give you reasonable assistance, including arranging for first responders to show up if you cannot contact them. These measures may stop an injury from becoming more serious or even save your life.

Categories
Injuries

How to talk to an attorney about your injury?

Whether due to a slip-and-fall accident, dog attack, motor vehicle crash or something else, injuries happen at an alarming rate in the U.S. In fact, according to the Centers for Disease Control and Prevention, of the roughly 130 million emergency room visits each year, about 35 million stem from an injury rather than an illness.

If someone’s intentional, reckless or negligent conduct caused your injury, you may be able to pursue financial compensation to help you manage your injury and move on with your life. Still, you should have a strategy for talking with an attorney about your claim.

Be open and honest

Virtually everything you tell your attorney is confidential. Therefore, to ensure your lawyer knows all aspects about your claim, you must be as open and honest as possible. Even if you think facts may harm your case or make you look bad, it is a good idea to tell your lawyer about them.

Try to stay calm

If you suffered a painful or life-altering injury in a stressful accident, you may find it difficult to maintain your composure. Still, if you do not stay calm, you may forget to tell your attorney important details. You may also not hear or misunderstand what your lawyer says.

Ask questions

The legal system can be incredibly complex and full of terms and processes you may not comprehend. Consequently, you should ask questions to better understand your situation. If you have questions after meeting with your lawyer, jot them down and follow up later.

Ultimately, your lawyer has a duty to look out for your interests. By doing your part to understand your rights, responsibilities and options, you may boost your chances of receiving the financial compensation you deserve.

Categories
motor vehicle accidents

Recent motor vehicle accidents in Chattanooga and Nashville

Motor vehicle accidents happen every day on the roads of Tennessee. Each accident provides important details on situations that face drivers in terms of weather and traffic conditions, as well as other factors that lead to crashes.

Accidents ranging from the fairly common to the highly unusual illustrate some of the challenges to public safety.

Driver crashes into police cruiser

WRCB TV reports that a driver collided with a Chattanooga police car with its lights and sirens activated. The police officer was on his way to help another officer following a hit-and-run vehicle accident. The officer avoided any significant injuries, while the other driver sustained minor injuries that required a hospital visit.

The accident occurred around 9:40 p.m. on N. Moore Road in Chattanooga. The separate accident resulted in the apprehension of a person fleeing the scene of the accident. The news report did not elaborate on the charges in either incident.

Single vehicle accident results in death

News Channel 5 reported that a 52-year-old-man hit a tree after leaving the roadway on Old Hickory Road in Madison. The man, driving an SUV, crossed into the path of oncoming traffic and left the roadway and then struck the tree.

Medical personnel transported the man to Skyline Medical Center, where he later died. Metro Nashville Police could give no reason why the man left the roadway and crossed the centerline. The news report did not mention any other known complicating information on the incident. Authorities ordered toxicology testing to gain insight into the reasons for the crash and to determine possible charges.

Categories
nursing home abuse and neglect

How can I build ties with nursing home staff?

One of the best ways to stop nursing home abuse and neglect is also one of the most obvious. If your loved one’s safety in a nursing facility concerns you, it is important to go out of your way to get to know the people in charge of his or her care.

Building relationships with nursing aides can be the difference between a neglectful situation and a blissful one. According to the AARP, you should insist on consistency and be picky about fit when it comes to nursing aides.

What needs to be consistent?

The best care tends to come from one nursing aide. One of the first questions to ask when you are shopping for assisted living is how often there is turnover in the nursing staff. Depending on your budget and the type of facility you are looking at, it may not be possible to have the same one or two aides 24 hours a day, seven days a week.

However, you will want to ensure that the number is as small as possible. It is much easier to develop mutual respect with a small number of people as compared to a cohort of nursing aides.

How picky should I be?

Even if an aide is completely polite and competent does not mean that the aide and your loved one will “click” on a personal level. Do not be afraid to shop around if necessary for a nursing aide that makes your loved one happy as well as ensures that he or she is well-cared for. It may take a few tries before you find somebody who works.

Categories
motor vehicle accidents

Tennessee man runs out of gas, dies standing next to his truck

While most people do not plan to run out of gas on a highway, it does happen from time to time. If this happens, it is important for drivers to take certain actions to avoid involvement in an accident.

Unfortunately, a man failed to take these precautions when he ran out of gas earlier this week, resulting in a fatality.

Being in the wrong place on the highway leads to one man’s death

According to WJHL.com, a man left his vehicle protruding into a traffic lane when he pulled over due to an empty gas tank. While he was standing next to his truck another vehicle struck and killed him. While the passenger of the other vehicle is physically unharmed, the emotional toll of the accident may cause problems for years to come.

It is unclear if the cause of the accident was the fault of the driver, the placement of the truck or where the driver was standing at the time.

Taking proper precautions can help people avoid accidents

If a driver’s truck runs out of gas, it is important that he or she park the vehicle completely out of the way of traffic. Any part of the vehicle left protruding into traffic can cause an accident, which could be fatal to any party involved.

Additionally, the driver should turn on the vehicle’s hazard lights to alert other drivers that there is a problem. Packing reflective clothing in the vehicle for such an emergency can also help other drivers take notice of the person wearing it.

If the driver cannot park the car completely off the highway lanes, it is important that he or she stand far enough away from the vehicle to avoid being involved in a collision.

Categories
motor vehicle accidents

How does drinking alcohol impair driving?

As a responsible driver, you obey traffic laws, adjust your driving for inclement weather, and behave courteously to other motorists. You also avoid drinking and driving because you know how dangerous it is.

Unfortunately, too many other drivers do not take these crucial steps. This leads to serious drunk driving accidents, which cause major injuries or even loss of life. The Centers for Disease Control and Prevention explain how even a minimal amount of alcohol can have a huge impact on a person’s ability to operate a motor vehicle.

Two drinks

Two drinks does not seem like it will have much of an impact on a person’s driving. However, many people experience impaired visual ability, lack of judgment, and problems performing more than one action at once after drinking just two alcoholic beverages.

Three drinks

After three drinks, motorists will experience diminished alertness, which prevents them from noticing road hazards. They may have trouble steering effectively due to diminished coordination. Focusing on objects is also impacted at this point.

Four drinks

By four drinks, the legal limit of .08% BAC is usually breached. Concentration and memory are affected, as is the ability to effectively process information. Speeding is more likely, which can lead to serious accidents and injuries.

Five drinks

Thinking is significantly impacted after five drinks. A person will slur their speech and exhibit poor coordination. They will also have trouble braking in time, which increases the risk of rear-end accidents.

If you see a driver exhibiting the above signs of inebriation, the best thing you can do is keep your distance. Take down identifying characteristics of the vehicle, such as make, model, color, and license plate, if it is possible to do so safely. Pull over and contact law enforcement to provide any information you have. Never attempt to stop a driver yourself or put yourself in danger to contact the authorities.

Categories
Injuries

What are the 4 elements of a negligence claim?

Every type of negligence claim must show four basic elements: duty, breach, causation, and damages. A plaintiff has to demonstrate that the defendant owed him or her a duty of care, the defendant breached the duty, and that breach caused the plaintiff to suffer damages. 

Unlike a criminal trial, a plaintiff does not need to show proof beyond a reasonable doubt. Instead, the plaintiff must prove that what he or she alleges is more likely than not to be true. Attorneys sometimes refer to this burden of proof as a preponderance of the evidence. A plaintiff in a personal injury case must establish each of the four elements of negligence by a preponderance of the evidence in order to prevail at trial. 

Duty

In general, everyone owes one another a duty of reasonable care. Drivers have a duty to one another to drive with care. Doctors have a duty to treat patients with care. 

Breach

Plaintiffs must be able to explain how an act or omission breached a duty of care. For example, plaintiffs could show that a defendant failed to follow traffic laws or a doctor failed to diagnose a condition. 

Causation

Plaintiffs must show that a breach of care caused direct or indirect injury. Causation is arguably the most important element of a negligence claim and often the most difficult to prove. 

Damages

Injury is typically the easiest element to prove. A plaintiff may use evidence such as medical records or photographs to show injury, A plaintiff can show the economic damages from an injury with evidence such as medical bills or pay stubs reflecting lost wages. 

Categories
motor vehicle accidents

Why Byington Beaver Ridge Road is a danger

It seems like every area has one road that is terribly dangerous. There are many reasons why a stretch of road sees more accidents than other roads. For example, it could be because drivers are more likely to speed in the area or it could be the design of the road. It is also possible for there to be multiple factors.

When it comes to dangerous roads in Knox County, Byington Beaver Ridge Road ranks near the top. According to WBIR, this state road has been an issue for years and has led to numerous serious and fatal accidents.

The problem

The main issues with the road are both due to its design and drivers’ exceeding the speed limit. The road has a curve in it that is not hazardous when drivers are honoring the posted 35 MPH speed limit, but due to excessive speeding, the curve leads to loss of control issues and accidents. There is also no shoulder on the curve and the edge falls into a steep ditch, which only compounds the risks of the roadway.

The solution

WATE explains the solution from the state is to create a road design that allows for drivers to correct their mistakes without it leading to a fatal accident. The state will add in dirt to build up the area beside the road to create a shoulder area. If a driver runs off the road, he or she will be able to recover from it much easier and avoid a fall into the ditch. The easy fix took place near the end of 2020, so the effects are still to be seen, but it should help to reduce the accidents on this road.

Categories
motor vehicle accidents

Tennessee’s work zones see 14,082 crashes over 5-year span

As cities and towns across Tennessee grow and the number of drivers traveling to and from them grow alongside them, so, too, does a need for road construction to accommodate the rising number of motorists. You may find Tennessee’s many work zones to be a nuisance, wasting your time and keeping you from where you need to be. However, these areas also see high numbers of car crashes.

According to WREG, Tennessee saw 502 crashes in its work zones between the first of January and the end of September in 2019. Of those 502 crashes, seven fatalities resulted.

Tennessee work zone crash statistics

Between November of 2014 and November of 2019, Tennessee’s work zones were the sites of 14,082 car wrecks, resulting in 5,464 injuries and 83 road deaths. In 2018 alone, 656 crashes occurred in the state’s work zones, leading to 183 injuries and 13 fatalities.

Tennessee work zone crash hazards

Why is it that Tennessee’s work zones see so many car wrecks? The dangers linked to construction zones are twofold. First, you face hazards that stem from the ongoing road work. Unclear or unfamiliar traffic patterns may lead to confusion. Other hazards, such as misplaced traffic cones or machinery obstructing your view, may also heighten crash risks.

Motorists who drive negligently through work zones, whether by speeding, driving drunk or driving while distracted, also have a hand in many Tennessee work zone crashes. Drivers who follow too closely behind other drivers in work zones also enhance crash risks, with a high number of work zone car wrecks involving drivers hitting others from behind.

No one has the ability to control the actions of others. However, by driving defensively, slowing down and remaining vigilant, you should be able to reduce your chances of a work zone wreck.

Categories
nursing home abuse and neglect

What are the warning signs of nursing home abuse?

You admitted your aging parent to a nursing home in Tennessee recently. Lately, you noticed changes in your loved one’s behavior. Could it be nursing home abuse or neglect?

Get facts on the matter with insights from the National Council on Aging. Arm yourself with knowledge to protect your mother or father.

The signs

To confirm your suspicions, look for specific and common indications of elder abuse. For instance, abuse victims may have visible pressure marks, bruising, abrasions or broken bones. Indications of neglect include poor hygiene, bedsores, sudden weight loss and neglected medical needs.

Nursing home residents may suffer non-physical abuse. Signs of financial abuse include odd shifts in financial status and mysterious transactions that your loved one does not remember making. Warning signs of emotional abuse range from odd changes in alertness and peculiar withdrawals from activities a person once enjoyed to unexplained depression and constant verbal fights between nursing home residents and caregivers.

The factors

Not all nursing home residents become victims of physical, financial or emotional abuse. Contributing factors include mental impairment, disabilities and isolation.

The affects

Those who suspect their loved ones may experience abuse at a nursing home must take quick action. Left unaddressed, victims have a higher risk of dying because of the abuse. Unchecked financial abuse can drain a victim’s finances. Most financial exploitation goes under-reported.

The prevention methods

Thankfully, you can prevent your aging parent from becoming a victim of abuse. Encourage your loved one to understand her or his legal rights and take care or her or his health. Estate planning helps prevent financial abuse, as does occasionally reviewing one’s will. Staying engaged with friends and family prevents isolation.