Author: Anthony Proffitt

When parents in Tennessee and any other state in the U.S. put their children on a bus, be it a school bus or a commercial passenger bus, they expect their loved ones to be transported safely by properly trained drivers. When drivers and bus companies violate that trust, they can be held accountable through lawsuits and federal safety regulators.

Another passenger bus injury, this one filled with 42 people, recently occurred in a state on the East Coast. One high school-aged student who was on the bus was heading back to her home city after visiting an Ivy League school. The accident occurred when the bus driver took his eyes off the road to check a GPS navigation device when the bus crashed into an overpass.

In all, 35 people were injured in the accident. A handful of those injured had to be hospitalized. According to police, the road that the bus was on had a 10-foot height restriction, meaning that the bus shouldn’t have been on the road in the first place.

Police have said the driver will be cited for violating height restrictions on the road, and that a further investigation could lead to more charges. Police will likely try to determine whether the driver had been behind the wheel for too long.

Federal safety regulators have been cracking down on bus companies that haven’t been taking safety as seriously as they should have. One parent recalled the horror of the phone call she received from her injured daughter in the aftermath of the crash. No parent should have to go through that. In addition to the driver, the bus company could also be brought to justice for the driver’s actions.

Source: Associated Press, “After visiting Harvard, dozens in Pa. high school group injured when bus hits overpass,” Feb. 4, 2013

It cannot be overstated how important it is to wear a seat belt whenever you are riding in a car. Seat belts are a primary method of protection during an accident. Without a seat belt, you could be ejected from the car and killed. A recent accident to the northeast of Memphis in rural Tennessee illustrates how important seat belt usage is.

A fatal car accident took the lives of three young Tennessee men recently, and Tennessee Highway Patrol troopers believe that seat belts could have saved lives. There are not many details available about the car accident other than a car that was traveling on state Route 76 left the road and went flying down a hill into a tree.

Killed in the accident were a 24-year-old man and two 23-year-old men. According to the accident report, none of the men were wearing their seat belts, and the report notes that wearing the belts could have changed the outcome of the accident.

Now this is where it gets tricky. When grown adults are in a car, is it their responsibility to put their own seat belt on and assume the risk if they choose not to? Does the driver have a responsibility to make sure that everyone in his or her car is buckled up in order to escape liability in an accident such as the one that happened above?

According to Tennessee law, every passenger in a vehicle is required to wear their seat belt. But is it the driver’s responsibility? This is what the families of the dead passengers may want to consider if they are thinking about filing wrongful death lawsuits against the driver’s estate.

Source: News Channel 5, “Three Killed In Single Car Crash In West Tennessee,” Jan. 22, 2013

You have to be pretty hammered to try and flee an accident that you caused in front of your own home. Even if you just go outside to move your car, getting behind the wheel after drinking is extremely dangerous and can put more than just your own safety at risk.

A recent drunk driving car accident in Tennessee should serve notice to all drivers that no matter how in control you think you are, you can get into an accident in front of your own home and face criminal charges.

A man, from Nashville, was arrested recently for committing a hit-and-run accident that took place in his own driveway of his apartment complex. According to police, another person saw the drunk driver back into her car. It’s unknown if she was in the car at the time of the accident.

According to police, the man was later discovered, sleeping, in his apartment. He is now charged with driving under the influence and leaving the scene of an accident. There are no details of any breath, blood or field sobriety tests that were conducted on the man to determine his level of drunkenness.

It’s also not known why the man felt it would be a good idea to get behind the wheel of his car after he had been drinking. But it should be a reminder that no matter how insignificant the task may be, you shouldn’t get behind the wheel after drinking, because mistakes can always happen. Fortunately no one was killed in this instance, but the results could have been much worse.

Source: News Channel 5, “Man Charged With DUI Hit & Run In Own Driveway,” Feb. 4, 2013

It’s important to always follow the rules of the road, including knowing when each car has the right of way. A recent fatal car accident in Knoxville illustrates the importance of knowing when it’s your turn to go and always being vigilant for other vehicles.

According to police, the car accident, which occurred at the intersection of Dutch Valley Drive and Plummer Road, happened when a car that was stopped at a stop sign pulled out into traffic. A Nissan Altima, being driven by a 76-year-old woman, correctly stopped at a stop sign at the intersection but then pulled onto Dutch Valley Drive in front of a Dodge Durango.

The elderly woman was taken to a local hospital, where she died. According to reports, she was not wearing a seat belt.

Also injured in the accident was the 32-year-old female driver of the Durango and a 6-year-old boy and a 3-year-old, who were also in the SUV. It is not known if the kids were the woman’s children. No one in the Durango was wearing a seat belt, and charges will reportedly be filed against the woman for not having the children properly restrained.

But whether the children were restrained properly, it appears that the Durango was not at fault for the accident. Since the woman and the children were hospitalized, the woman may be able to file a lawsuit against the estate of the driver of the Altima to help cover medical expenses. People need to follow the rules of the road when they are driving, and that means learning when each vehicle has the right of way.

Source: WBIR, “Police identify woman killed in Dutch Valley crash,” Jan. 30, 2013

We discussed earlier this week the dangers of being out on the roads when there are serious weather factors playing at safety, but what if there are other drivers doing the same? A recent study explored potential trends and reasons for people falling asleep while driving; and the findings might give cause for some Tennessee drivers to worry.

The Centers for Disease Control and Prevention conducted the study, released at the beginning of the year, and found that an average of 1 in 24 drivers had said they had fallen asleep at the wheel. This dangerous slumber reportedly happens more frequently among such groups as those who do not get enough sleep throughout the night – less than six hours, specifically. It was also reported that the total number of accidents resulting in a fatality that involve a driver who nodded off may not be certain, but could be anywhere from 3 percent to 33 percent.

Tennessee drivers who have been involved in an accident due to another driver falling asleep likely know how dangerous that can be. It is mentioned that if someone is traveling at 60mph, for every second the driver is not paying attention, they cover some 88 feet of road. The kind of impact that a car going that fast could have on another car is enough to cause serious damage.

For someone who has gone through such an ordeal as a car accident due to distracted driving, understanding how to move forward could be very helpful. Working with a Tennessee car accident attorney could help a victim of such an accident to know how their insurance, possible compensation and medical expenses may turn out due to the crash.

Source: boston.com, “CDC: 1 in 24 admit nodding off while driving,” Mike Stobbe, Jan. 3, 2012 

It was 3 o’clock in the morning and the Tennessee Highway Patrol trooper was working inside his stopped vehicle on some documents when a tractor-trailer travelled toward his and collided with the sergeant’s car. Knoxville residents may remember the story about the state trooper’s car accident, from which he has been recovering ever since it occurred last March. The officer is reportedly doing very well considering, but continues to await the day when he can return to full service.

It’s a very scary thought to have when you remember that it’s not just about how safely you drive, but how safely other drivers are doing so as well. There are times, unfortunately, when an accident takes someone completely by surprise and there’s not usually time to react in those instances. We have talked a lot about safety and how to be a mindful driver, but this accident involving this THP trooper happened while his vehicle was stopped and reportedly due to the other driver having fallen asleep at the wheel.

As scary as it can be, it is important to do as much as possible to keep yourself out of harm’s way when around other drivers. In this case, the victim of the crash is able to move around now, however he does not have full mobility above his neck due to the fusing of some of his vertebrae after the crash. Such serious injuries can have a dramatic impact on one’s life even after they are well enough to get back to work.

Tennessee drivers know how dangerous other people on the road can be and practice the ways to stay safe themselves, but there are some times when an accident is out of one’s control. Understanding what to do after an accident is something a victim of a similar accident might want to pursue. Distracted driving can be one of the most dangerous causes of accidents and making sure you or your loved ones know how to proceed after being involved in such an accident may help with regards to lost wages or employment such as in this state trooper’s case.

Source: knoxnews.com, “Injured THP trooper on slow road to recovery,” Matt Lakin, Jan. 14, 2013

· Our firm handles personal injury cases involving motor vehicle accidents. To learn more, visit the automobile accident page on our Prior, Priest & Harber website.

A new year brings a new legislative table. One proposal was announced earlier this week as being open for deliberation regarding the noise levels of cars and the safety features to help alert pedestrians and bicyclists when quiet cars are around or approaching. So many car accidents in Tennessee and elsewhere involve pedestrians and they can be much more dangerous to someone who isn’t in an enclosed vehicle with a seatbelt or airbags.

The National Highway Traffic Safety Administration announced this proposal in hopes that it would be able to prevent many such unwanted accidents. The noise levels of such vehicles as hybrids or electronic ones are much quieter that those of vehicles that run on fuel-based engines, making it more difficult for a pedestrian to be aware of their presence. The initiative states that all automobiles would have to acquiesce to the mandated noise levels laid out by the proposal when going under 18 miles per hour. The report mentions that the 18mph cap is due to the fact that after that speed, vehicles make enough noise on their own to be detectable.

While the proposal continues on through deliberation, some other industry automakers are already noted as having been producing similar devices to warn pedestrians. The devices make certain noises while the vehicle is operating at low speeds – similar to the directions of the proposal – however, they reportedly would be an added on feature that a consumer could purchase.

Tennessee residents may be interested in watching what becomes of this proposal and how it could affect their communities. For those who have been in an accident as a pedestrian and suffered injuries from it, working with an attorney could help in receiving some compensation for the injuries sustained or any work missed.

Source: truckinginfo.com, “NHTSA proposes new minimum sound requirements for hybrid and electric vehicles,” Jan. 9, 2013