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

Categories
Motorcycle Accidents

Motorcyclists’ injuries often more severe then motorists’

When motorcycle collisions occur in Tennessee, motorcyclists often suffer more severe injuries than motorists. Here at Pryor, Priest and Harber, we have seen firsthand how devastating these injuries can be. We have years of experience in helping motorcyclists win compensation for such injuries.

 Injuries which motorcyclists may suffer include head trauma. One of the most severe outcomes of head trauma is a traumatic brain injury. According to the National Institute of Neurological Disorders and Stroke, severe TBI symptoms may include persistent headaches, vomiting, convulsions loss of coordination and slurred speech. In some cases, TBIs may result in persistent vegetative states. A patient in a PVS may remain in a vegetative state for one month or longer.

Motorcyclists may endure injuries to their spinal cords, necks and backs. Broken bones and severe lacerations (commonly known as road rash) may also result from crashes.

All of these injuries may incur substantial financial loss for motorcyclists. Medical expenses, rehabilitation costs and the inability to work for prolonged periods can all add up to a substantial financial burden. If a motorist was responsible for the crash, some or all of these costs may be covered by a personal injury lawsuit.

In the worst case scenarios, motorcycle accidents may prove fatal. When this occurs, the family of the deceased motorcyclist may have grounds to file a wrongful death lawsuit against the motorist who caused the crash.

To learn more about the types of compensation available to injured motorcyclists, please visit our page on motorcycle accidents. 

Categories
Motorcycle Accidents

What is road rash?

Motorcycle crashes are sometimes caused by negligent motorists. These accidents may result when motorists engage in distracted driving behaviors or fail to yield when motorcyclists have right-of-way. When such collisions occur, motorcyclists may suffer a variety of injuries, including road rash.  

A definition of road rash is offered by UWHealth.org, which is run by the University of Wisconsin Hospitals and Clinics Authority. According to UW Health, road rash injuries are abrasions which result from an accident. Superficial road rash usually heals in two weeks or less, as long as the wounds are kept clean. In some cases, the abrasions will penetrate through all layers of skin. When this occurs, skin grafting may be required in order for the wound to heal.

Caring for a road rash injury may be an involved process. UW Health advises that patients wash and dress these wounds on a daily basis. The area must remain clean and free of bacteria in order to heal properly.

Road rash may produce substantial pain in accident victims. Depending on the situation, a prescription pain reliever may be prescribed by a physician. UW Health recommends that pain medication be taken approximately one hour prior to tending to wounds. Additional pain treatments may also be used in between wound dressings.  

If road rash does not heal within the expected time, UW Health recommends that patients visit their physicians. The wounds may be deeper than initially suspected and may need to be reevaluated by a medical professional.  

Infection is a serious concern for road rash patients. Signs of infection, such as increased swelling, flu-like symptoms or foul-smelling pus should be reported to physicians. 

Categories
Fatal Motor Vehicle Accidents

3 children die in Tennessee crash

Car accidents occur on a regular basis in Tennessee. Many of these are minor and result only in a few scratches on a bumper. Some accidents, however, produce life-altering outcomes. In the worst case scenarios, one or more fatalities may result from a single accident.

Three young boys died as a result of a fatal car crash involving a sport utility vehicle and a minivan. The boys were 1, 8 and 13 years old. The crash, which occurred on a Tennessee highway, also caused the deaths of three others. The relationship between these six people was not disclosed in reports. Three more people were also injured in the accident. Reports do not indicate how serious these injuries are.  

The accident occurred when the SUV crossed into oncoming traffic and struck the minivan head-on. The minivan had been carrying eight people. It is unclear from reports how many people were riding in the SUV.

Reports do not offer any details on why the SUV crossed out of its lane or whether law enforcement authorities believe intoxication was a factor in the accident.   

Car accidents are often tragic, but they are especially heartbreaking when they involve the deaths of children. When these collisions are caused by the negligence of another driver, the families of the deceased often seek justice for the untimely deaths of their loved ones. If you have lost a relative in a fatal car crash, you may have the right to file a wrongful death lawsuit. Speaking with an attorney may help you determine whether pursuing this type of litigation is a good option for you and your family.

Source: news.yahoo.com, “Six people killed in two-car crash on Tennessee Highway,” May 8, 2015

Categories
Car Accidents

Hands-free phones cause cognitive distraction

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.

Categories
Drunk Driving Accidents

Even one drink can affect older drivers in Tennessee

As the body ages, it is less capable of breaking down alcohol. The U.S. Department of Health and Human Services notes that older people in Tennessee and around the country could be at a higher risk for unknowingly driving while intoxicated because of the following: 

  •        Older bodies do not metabolize and absorb alcohol as quickly as younger bodies can.
  •        The elderly are more likely to have health conditions that alcohol will exacerbate.
  •        Medications that are prevalent among the elderly do not mix well with alcohol.
  •        The aging process leaves less water in the body, which can lead to a higher blood alcohol concentration.

Researchers from the University of Florida decided to test the difference between the effects of alcohol on people ages 25 to 35 and those ages 55 to 70. Both groups took a driving test in a controlled environment while sober. The participants then drank either a non-alcoholic drink or a beverage that would raise their alcohol content to a legal level but one that a breath test would register.

After having the drink, the participants took the driving test again. Researchers found that the elderly people had poorer precision and exhibited signs of impairment, while the younger participants scored well.

The finding is a necessary reminder that inebriation can begin after just one drink. As countless studies and real-life accidents have shown, alcohol and driving simply do not mix. Anyone who gets behind the wheel should be aware of their risk factors for causing a drunk driving accident, which includes how old they are.