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Author: Anthony Proffitt

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Motorcycle Accidents

Motorcyclist Liberty Restoration Act faces opposition

A mother wrote a letter to two state legislators in Tennessee to announce her concerns for the new motorcycle legislation that they are sponsoring. The letter was written to State Representative Kelly Keisling from Byrdstown and Senator Mark Green from Clarksville and was in regards to the Motorcyclist Liberty Restoration Act.

The mother stated in her letter that her 20-year-old son is a motorcyclist. The new law would provide motorcyclists with the freedom to choose whether to wear a helmet or not. According to the mother, a motorcycle accident can occur at any time, and helmets offer protection that may save the motorcyclist’s life. She stated that some accidents might be caused by drivers who don’t see motorcyclists on the road.

Motorcyclists who are involved in a car accident might be seriously or even fatally injured. Helmets and other protective gear may be worn with effective results. However, any motorcycle accident could result in injury or death despite the use of protective gear, and those who are involved in a motorcycle accident may have to deal with financial expenses related to medical bills, property damage and lost wages. Families who have lost a loved one in a motorcycle accident could also be faced with funeral costs.

When a motorcycle accident in Knoxville, Tenn., is caused by the actions of another party, victims and their families may seek punitive damages in a civil court by filing a personal injury or wrongful death lawsuit. Punitive damages received from a civil lawsuit might decrease the financial burden that victims and their families experience after such an event. They may contact a Tennessee personal injury lawyer for more information about their legal rights.

Source: Oakridger, “Letter: Protect bikers with helmet laws,” Kim Hobson, March 4, 2013

Categories
Car Accidents

Three-vehicle accident on I-40 sends one person to hospital

Part of Interstate 40 was shut down on the evening of Feb. 28 due to a three-vehicle accident. This car accident occurred near mile marker 227 close to a construction area. According to officials, an inattentive driver did not notice that traffic was slowing down while approaching the construction area, and this may have caused the accident.

This driver’s vehicle rear-ended another vehicle, which then caused both vehicles to rollover. As a result of the collision, a third vehicle was also hit. Two of the people involved in this car accident were reported to have sustained injuries. While the injuries to one were reported to only have been minor, the other was taken to Vanderbilt University Medical Center for the treatment of non-life threatening injuries. 

A car accident such as this one may have been caused by a driver’s negligence, and it may result in considerable expenses for the victims. These expenses may be in relation to vehicle repairs, lost wages, medical bills and other costs associated with the accident. Under civil law, the victims in such a car accident may be able to pursue financial restitution in a personal injury case against the responsible party.

As in all busy cities, car accidents are a common occurrence in Knoxville, TN. However, accident victims need not suffer under the expenses and hardships caused by a negligent driver without help. By filing a personal injury lawsuit in a civil court, victims may seek punitive damages for these expenses as well as for their pain and suffering. Financial compensation may ease their financial burden and provide closure after a car accident. Those who have been a victim in a car accident may contact a Knoxville personal injury lawyer to learn more about their legal rights.

Source: News Channel 5 WTVF-TV, “One Injured In Three-Car Crash On I-40 In Wilson County,” Feb. 28, 2013

Categories
Drunk Driving Accidents

Police investigating a four-vehicle collision in Tennessee

Tennessee Highway Patrol officers are investigating a collision involving four vehicles that took place during the night on March 1, 2013. The cause of the car accident has not been identified, but a patrol vehicle for the Knoxville Police Department was involved in the incident. In addition, an off-duty law enforcement officer was involved.

The incident took place near the intersection of Andersonville Highway and East Emory Road. No injuries were reported from the accident. The patrol car involved in the collision was able to be driven away from the accident. However, a 24-year-old male driver has been charged with a DUI in connection with the accident. 

Because an investigation is still being conducted by law enforcement officials, it is not clear whether the driver who was operating his vehicle under the influence of drugs or alcohol was responsible for the accident. While injuries were not reported at the scene of the accident, some car accident injuries may become apparent in the days following the event. Those who were victims in the car accident may face expenses associated with vehicle repairs, medical expenses and lost wages. Under civil law, they may have the right to file a personal injury lawsuit against the person who may have been responsible for the accident.

Victims of a car accident in Knoxville, Tenn., may experience a financial burden as a result of accident-related expenses. When a car accident is caused by the intentional or negligent actions of another party, victims may seek punitive damages by filing a lawsuit in a civil court. Those who would like to learn more about their legal options after a car accident may find it helpful to contact a Knoxville personal injury lawyer.

Source: WATE, “Driver charged with DUI after four car crash involving police cruiser,” March 1, 2013

Categories
Drunk Driving Accidents

Tennessee Titans player arrested for DUI after crash

A player for the Tennessee Titans was arrested recently after police responded to the scene of a car accident and smelled a strong odor of alcohol. The player, tight end Brandon Barden, apparently refused field sobriety testing or any blood alcohol level testing, so it is unclear what his level of intoxication was at the time of the accident.

His car went off of the road, hitting a ditch and flipping over before it landed on its side. The potential for serious injury in an accident like that is significant, and the driver is fortunate not to have been injured. Two passengers were with him at the time of the crash and they refused medical treatment at the scene of the accident, so it is not clear whether or not they suffered any injuries.

Innocent passengers and bystanders who are injured in a drunk driving car accident have a right to pursue compensation from the reckless driver. In cases where there are significant medical bills, victims are unable to work, or a permanent disability results, the victims can seek compensation from the driver who was responsible for those damages along with other types of damages.

Any civil action taken by the victims would be separate from action taken by the state in pursuing the traffic violations and DUI charge that have already been brought. No trial date is set yet, but if the player chooses to go to trial rather than entering a guilty plea, it is likely that this case will be in the news again as more details emerge about the conduct leading up to the car accident.

Source: The Tennessean, “Titans’ Brandon Barden arrested on DUI,” Jim Wyatt, Feb. 28, 2013.

More information about the rights of drunk driving accident victims can be found on our website.

Categories
Fatal Motor Vehicle Accidents

Defective tire said to be cause in motorcycle accident deaths

The son of a couple who died in a motorcycle accident last year is suing a tire manufacturer and the motorcycle retailer for wrongful death. This type of lawsuit can be brought by a family member of a victim who died as a result of negligence on the part of a third party. For cases involving car or motorcycle accidents, family members often investigate whether the vehicle may have had any latent defects that could have caused the accident.

This is just one example of how many factors may be at play when a motorcycle accident occurs. Many people assume that motorcycle riders are not careful or that biking is dangerous to begin with, but the truth is that accident happen all the time for various reasons not related to driver negligence.

In this case, one of the tires on the Harley-Davidson motorcycle that the couple was riding was faulty and eventually blew out while they were riding together. The lawsuit specifically alleges that a tube within one of the tires was not functioning properly, which was the cause of the blow out that resulted in the crash.

Tire accidents like the one in this case are more common than many people realize. There are various factors that can contribute to a tire blowout, and it is the job of the manufacturer to foresee those possible hazards and to adequately design a product to be safe for ordinary uses. The facts of this case do not indicate that the couple put an extraordinary amount of wear and tear on the tire, so an appropriately designed tire should have continued to function properly.

Source: Pittsburgh Post-Gazette, “Tire maker sued in fatal cycle crash” March 5, 2013

More information about the rights of victims of motorcycle accidents can be found on our Knoxville personal injury site.

Categories
Fatal Motor Vehicle Accidents

Teen driver deaths up in 2012, danger remains

Earlier this week we discussed how some people in Tennessee and elsewhere incorrectly assume that young drivers are always at fault for accidents that they are involved in. This is not always the case, but some new figures from a respected organization shows that teen driver deaths are up.

According to the report, released by the Governors Highway Safety Association, deaths of 16- and 17-year-old drivers increased by 19 percent in the first half of 2012 compared to the same period in 2011. The deaths jumped from 202 to 240 during that period.

The sudden jump in fatal car accidents involving teen drivers is alarming. The increase in teen driver deaths outpaces the increase in total traffic deaths, according to data from the National Highway Traffic Safety Administration. According to NHTSA, an improving economy means more people are spending more time driving again, which means more accidents are likely to unfold.

Many have pointed to the use of graduated licensing programs in most states as the reason that teen driver fatalities had been declining in previous years. Under those programs, teens are gradually given more driving freedom through the years.

It should be noted, however, that despite the increase, driver deaths among 16 and 17-year-olds are still 50percent less than what they were 10 years ago, so it appears that over the long term the graduated license programs have had a positive effect. So it’s likely too early to tell what caused the increase, but it should be noted that teen drivers continue to be one of the more dangerous groups of drivers on the road. Continuous training and experience is needed.

Source: Los Angeles Times, “Teen driver fatalities grew last year, reversing downward trend,” Jerry Hirsch, Feb. 26, 2013

Categories
Car Accidents

Family calls for dangerous Knoxville-area exit ramp to be altered

It’s easy for people to point the finger at inexperience and recklessness whenever a young driver is killed in a car accident, but that isn’t always the case. Sometimes roads are designed poorly and are conducive to accidents happening. Knoxville residents are fighting to do something about an especially scary stretch of road.

Residents gathered at the exit ramp from the Pellissippi Parkway to Hardin Valley Road in Knoxville recently to remember a 21-year-old local college student who was killed in a car accident last year.

According to reports, the man’s car was exiting the parkway when his car ended up in the oncoming traffic lane of cars getting onto the parkway. His car was struck by a truck, killing him. According to people at the memorial gathering, the exit ramp has too sharp of a curve, which means cars on it could easily swerve into oncoming traffic.

Just recently, a three-car accident unfolded on the ramp. Six people were injured. Tennessee Department of Transportation officials told a local news station that the department is always looking at potential trouble spots, but there was no word on if any specific modifications were planned for the road. One person at the memorial gathering said there should be a stop light put in or the road should be widened.

Families who lose a loved one because a road is poorly maintained or designed may have recourse for getting damages to cover medical expenses or pain and suffering. Governments are supposed to serve and protect their citizens, and that includes making sure that roads are safe.

Source: WATE, “Memorial for Knoxville college student killed in car wreck prompts possible road changes,” Hayley Harmon, Feb. 24, 2013

Categories
Fatal Motor Vehicle Accidents

Car pulls out in front of truck in Tennessee, 2 killed

A recent accident in rural Tennessee outside of Knoxville shows the dangers of not respecting the right of way can have disastrous consequences. The tragic accident took the life of a 27-year-old woman and her 6-year-old daughter.

The accident happened in a small town called Etowah, which is about 60 miles southwest of Knoxville. According to the Tennessee Highway Patrol, the woman turned her small Saturn onto U.S. Route 411 into the path of a construction truck. Initial reports indicated that two children perished in the fatal car accident.

The Saturn had three other passengers, a 28-year-old man, a 10-year-old boy and an 8-year-old boy. Those three passengers had to be flown to a hospital in Knoxville, where their further conditions are unknown.

The 49-year-old truck driver was not injured in the accident. Police have not filed any charges. Presumably their investigation is ongoing, but it appears that the car pulled out in front of the truck on U.S. 411, meaning the Saturn driver was at fault. One could wonder whether the Saturn driver saw the truck, but the accident happened in the afternoon, meaning it was probably hard to not see the truck. One could understand if it was dark and the truck did not have its headlights on.

Many of the passengers in the car had the same last name as the driver, but the 8-year-old boy did not. If that child did not belong to the family, then the boy’s family may consider suing the other family for damages relating to the accident.

Source: WRCB, “McMinn County accident leaves mom and child dead,” Feb. 21, 2013

Categories
Car Accidents

Could town’s ‘crash tax’ proposal come to Tennessee?

One town’s proposal to help cover the cost of emergency responders heading to crash sites has many residents up in arms. Could you imagine being hit with the bill for first responders if someone hit your car? While this is unfolding in another southern state, that doesn’t mean a town in Tennessee won’t hear about the idea and pick up on it.

The fee is being called the “crash tax,” and starting March 1, residents of the town could be hit with a bill ranging from $500 to $2,000. The outcry from enraged citizens has public officials already going into damage control mode, saying that the bills will be sent to people’s insurance companies. But that is not satisfying many people, who worry that an insurance company may refuse to cover the cost.

Additionally, the people who cause car accidents will be the ones being billed, and not someone who wasn’t doing anything illegal or negligent. But what happens in the case of a hit-and-run accident? Should someone have to pay the bill because another driver was too irresponsible and cowardly to stop and admit fault?

But officials say the “crash tax” is needed to help the town close its budget gap. The new fee is projected to give the city about $50,000 each year. And with many local governments, including those in Tennessee, facing budget shortfalls, it’s not totally inconceivable that other towns will pick up on this idea, despite its unpopularity.

For someone who is injured in a car accident through no fault of their own, they may find themselves having to sue their own insurance company just to get the cost of emergency responders covered.

Source: KHOU, “‘Crash tax’ raising eyebrows in Missouri City,” Drew Karedes, Feb. 20, 2013

Categories
Car Accidents

Toyota continues to settle sudden acceleration lawsuits

Many people in Tennessee and throughout the country are familiar with the ongoing legal troubles facing auto manufacturer Toyota over the last few years due to a number of wrongful death and personal injury lawsuits stemming from accidents caused by sudden acceleration.

The company recently settled another wrongful death lawsuit that was going to go to trial this month. The couple died in a car accident after the gas pedal in their Toyota Camry became stuck, causing their car to crash into a wall.

The company has already agreed to pay more than $1 billion in damages in lawsuits filed by Toyota owners due to the sudden acceleration problem. The company blames the problem on floor mats or gas pedals becoming stuck or even driver error, but many attorneys are blaming the problem on the car maker’s electronic throttle control system.

During the last four years, more than 14 million Toyota vehicles have been recalled. They were fined late last year by the federal government to the tune of $17.4 million for failing to address the problem quickly enough.

One attorney has speculated that Toyota will keep settling lawsuits because it does not want internal company evidence that it can’t defend being exposed in open court. If there are larger problems with Toyota’s manufacturing, it may not serve them well to take any lawsuits to trial.

Anyone who has been hurt because of a problem like this, however, has the right to take their lawsuit to trial if they are not satisfied with a settlement offer. Many large companies will try to buy silence with a quick settlement, but victims shouldn’t be intimidated if they want the issue to receive more attention.

Source: Associated Press, “Toyota settlement may signal future legal strategy,” Greg Risling, Jan. 18, 2013