Categories
Car Accidents

What are Tennessee’s distracted driving laws?

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.

Categories
Motorcycle Accidents

The statute of limitations on personal injury claims in Tennessee

The victims of accidents in Tennessee must act relatively quickly to ensure that their claims will not be dismissed due to legal technicalities such as statutes of limitations. As explained by Cornell University Law School’s Legal Information Institute, statutes of limitations place limits on the amount of time a party has to initiate a lawsuit.  The laws establishing these time limits will vary by state and may also differ based on the type of claim.

Tennessee’s statute of limitations for personal injuries is described in the Tennessee Code, available through the Tennessee General Assembly website. In section 28 of the code, it states that those who wish to file a personal injury claim must do so within one year of the accident. This time limit is different for personal property compensation. If someone is trying to file a claim for damage to a vehicle or other form of personal property, the statute of limitations is three years.

It is important to note that certain exceptions may affect statutes of limitations. Minors, for instance, may be able to extend the time period in which they may legally file a personal injury case. This is because statutes of limitation do not usually start to run until the injured person is 18 years old. This is illustrated in the following example:

A 14-year-old is in a car crash caused by a drunk driver. The crash occurs in January 2015. The victim turns 18 in March 2019. According to Tennessee law, this victim has until March of 2020 to file a personal injury lawsuit against that negligent driver.

Statutes of limitations are technical matters, but they are very important. As such, those who wish to file civil cases may find it beneficial to familiarize themselves with these laws. 

Categories
Drunk Driving Accidents

Penalties for drunk driving in Tennessee

At the law office of Pryor, Priest and Harber, we appreciate how difficult it can be for Tennessee residents to recover from accidents caused by drunk drivers. Such collisions may leave victims with serious physical injury, financial loss and psychological trauma. While nothing can undo the harms of a drunk driving accident, there are penalties for those who drink and drive.

As the Tennessee Department of Safety and Homeland Security explains, there are severe consequences for those convicted of drinking and driving in this state. The fines and sentences associated with a DUI conviction will depend on whether the driver has prior convictions of driving while intoxicated.

First-time offenders will be sentenced up to 11 months and 29 days in jail if their blood alcohol content levels were less than 0.20. Their licenses will be revoked for one year, and they will be ordered to pay $350 to $1,500 in fines. Offenders with BAC levels higher than 0.20 will be sentenced to at least 7 days of jail time, which must be served consecutively.   

If a driver had one or two prior DUI convictions, the penalties will be more severe. The jail time, fines and license revocation periods will all be higher than they would be for first-time offenders.

Those with four or more DUI convictions will face class E felony charges. Convictions on such charges may result in a maximum prison sentence of one year. Additionally, the offender may be required to pay a $3,000 to $15,000 fine. An eight-year license revocation will also apply.

In addition to these criminal penalties, the victims of drunk driving accidents may be able to seek compensation through civil actions. For more information on the civil remedies available to drunk driving victims, please see our page on car accidents.  

Categories
Car Accidents

Bruce Jenner facing civil charges following deadly wreck

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

Categories
Car Accidents

Tennessee crash leaves 1 dead, 2 injured

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

Categories
Car Accidents

Lewisburg police chief injured in Tennessee car accident

The Lewisburg police chief was involved in a car accident on April 18. The police chief, a 57-year-old man, was on his way to breakfast around 6 a.m. when a vehicle that was being driven by a 68-year-old woman rear-ended him at a stoplight, pushing his vehicle into the intersection. His vehicle then crashed into a light pole nearby.

Patrolmen on the scene say that there were no drugs or alcohol involved in the motor vehicle accident. However, the troopers did state that fog was heavy that morning. Both drivers were wearing their seat belts, and the police chief’s vehicle had its lights on. The police chief could not recall if lights were on on the woman’s vehicle.

Both individuals were injured, but the woman’s injuries were not as severe as the police chief’s injuries. The female driver was transferred to Marshall Medical Center, where she was later released. The police chief was transferred to Vanderbilt University Medical Center. He suffered major injuries in his spine. Luckily, he did not sustain head injuries or any organ damage.

Car accidents like these happen without warning. Drivers may be doing everything right and paying good attention to the road when another driver makes a serious error. The injuries that ensue can be catastrophic. Victims of these accidents can end up with thousands of dollars in medical bills, lost wages and serious personal injuries that change their lives. In cases like these, a lawyer may be able to help victims file insurance claims or cases against distracted and negligent drivers.

Source: Marshall County Tribune, “Chief Chuck Forbis hospitalized following car accident,” Ivory Riner, April 22, 2015

Categories
Car Accidents

Research suggests 2-second distractions increase accident rates

Research continues to show how dangerous distracted driving can be. April is National Distracted Driving Awareness month, and insurance companies, among other groups, are promoting awareness of the true dangers of texting or engaging in other distracted behavior while driving. Since many Tennessee drivers and passengers are injured by distracted drivers each year, it is very important that everyone understand how dangerous cell phone use behind the wheel can be.

According to experts, even a two-second glance away from the road can contribute to an accident. During a two-second distraction, while reading a text message for example, a driver traveling at 70 mph can drive half the length of a football field. This means that an automobile accident could occur before the driver realizes that there is danger ahead.

Research using driving simulators that include eye-tracking equipment supports the conclusions that drivers who experience a two-second distraction have slower reaction time to road hazards, such as a vehicle pulling out or stopping ahead. Furthermore, drivers who were tested using this equipment rated their driving ability as high, suggesting that they were unaware that their performance had been impaired by the distraction.

Victims injured in a distracted driving accident may be able to pursue a personal injury claim against the negligent driver. However, without the help of a car accident attorney who has experience in handling distracted driving claims, it may be difficult for victims to recover compensation. An attorney may be able to help the victim collect the necessary evidence to show negligence and claim compensation for medical expenses, lost wages and other expenses related to the accident.

Categories
Car Accidents

Fatal crash at Walt Disney World Speedway

Some Tennessee residents may have heard about a deadly car accident that took place at the Walt Disney World Speedway on April 12. A 36-year-old man who worked as an operations manager at the Florida park was killed while riding in the passenger seat of a Lamborghini. The deceased man began working at the Speedway in 2001.

The fatal car accident took place at the Exotic Driving Experience section of the Walt Disney World Speedway. The driver of the vehicle, a 24-year-old man, reportedly lost control and drove into a guardrail. Both of the occupants of the car had seat belts on when the crash occurred. According to police, the exact cause of the accident is being investigated.

Although the Exotic Driving Experience is located on Disney property, Petty Holdings LLC operates the attraction. Guests of both the Exotic Driving Experience and the Richard Petty Driving Experience are allowed to drive or ride in performance vehicles and NASCAR racing cars at high speeds around a racetrack. Following the fatal crash, representatives of both Walt Disney World and Petty Holdings expressed their sympathy for the people involved in the accident.

Those who have suffered serious injuries in a motor vehicle accident that took place at a racetrack may want to speak to an attorney. After an accident like this, there may be other parties who bear responsibility for injuries besides the driver. An attorney might help victims to determine who is liable for their injuries and pursue a lawsuit seeking damages on their behalf.

Source: Huffington Post, “1 Dead In Accident At Walt Disney World Speedway,” Ed Mazza, April 12, 2015

Categories
Fatal Motor Vehicle Accidents

Safety risks of 15-passenger vans

Residents in Tennessee might benefit from understanding more about the safety risks and implications associated with a van crash that recently occurred in Florida. On March 30, 18 people were inside a 15-passenger 2000 Dodge Ram van when the vehicle ran a stop sign and plunged into a ravine nearby. Ten people were killed, and eight people were injured in the accident. By April 3, four of the ten surviving victims were released from the hospital.

The 58-year-old driver killed in the crash was reportedly a long-term bus driver for the schools in St Lucie County. The nature of the accident refocused attention on the safety risks associated with many of these types of vehicles. The 15-pasenger vehicles are so risk-laden that many insurers refuse to provide coverage for the vehicles. Data collected by federal agencies shows that more than 500 people died in an accident associated with 15-passenger vans between 2004 and 2010.

Many of these accident are attributable to a blown tire or vehicles overturning. Safety advocates claim that the particular dimensions of these types of vans makes them more susceptible to being involved in a fatal accident. Organizations who frequently travel in large groups, such as churches and colleges, have been warned that overloading these vehicles can increase the likelihood of a rollover crash occurring. Many of the older model 15-passenger vans lack the tire monitoring and stability controls that are standard in today’s vehicles.

People who lose loved ones to fatal accidents often benefit from speaking with legal counsel about filing a wrongful death claim. Lawyers may be able to investigate the accidents and help identify any of the parties who may be culpable or causing the accident. Plaintiffs in these may be entitled to receive restitution designed to account for economic and noneconomic damages resulting from the untimely death.

Categories
Car Accidents

Dangers of illegal street racing

Illegal street races in Tennessee pose a major threat to drivers, pedestrians and spectators. According to statistics from the National Highway Traffic Safety Administration and other transportation agencies, illegal street racing is growing in popularity across the country. To combat this problem, authorities are imposing serious penalties on people found street racing or viewing a street race.

According to the NHTSA, there were 72 fatalities from illegal street races in 2000. NHTSA statistics that were gathered in 2001 showed that the number of fatalities related to illegal street racing had risen to 135 fatal crashes. The NHTSA claims that car accidents are the leading cause of death for individuals between 16 and 20 years old.

Penalties for participating in illegal street racing vary in different jurisdictions. However, some of the penalties that street racers could face include loss of their driver’s license, imprisonment for up to three months and fines of up to $1,000. Street racers could have their vehicle impounded for 30 days or seized permanently and crushed. People caught viewing a street race might be charged for aiding and abetting an unlawful street race.

Illegal street races sometimes lead to car accidents that involve other drivers or passengers who were not involved or aware that the activity was going on. A person who has been injured as a result of a street race that they were not involved in might be able to file a personal injury complaint against the participants and organizers of the race. An attorney may be able to help such a client file a claim in court.