Tennessee Injury Lawyer Blog

A bus rolled over on an Arizona freeway last week, killing six and injuring sixteen others. The bus was traveling from Mexico to Los Angeles when it struck a pickup truck on Interstate 10, causing the bus to flip. After conducting an investigation into the cause of the crash, authorities are now saying that the bus had multiple problems, including problems with its brakes and drivers. The brakes were reportedly so bad that the bus should have been taken off of the road, and one of the drivers of the bus may have been unable to read English well enough to navigate the roadways. Both of the drivers also failed to keep adequate logs of their previous seven days of activity.

As this situation demonstrates, there are often several different causes of an accident. Tennessee recognizes this principle and allows a jury to allocate fault among all of the parties to a suit, including the plaintiff or someone who is a non-party, in order to ensure that the each responsible party bears the adequate level of responsibility for its negligence.

Continue reading "Bus Crash Kills Six, Injures Sixteen Others " »

This blog has discussed many different methods of negligent driving, but today’s subject is one is a completely new one. A fifty-three year-old woman from England was pulled over this week by policemen who spotted that she was driving down the road while the hood of her car was unlatched and covering her windshield. The woman had reportedly been using the four inch gap between the hood and the dashboard to look out at the road while she was driving. As luck would have it, local law enforcement officers were conducting a safety campaign to educate people about bad driving when they pulled the woman over. The woman told police that she was trying to drive her car to the mechanic to be repaired, which was probably true, but it was to no avail.

Tennessee law determines that negligent driving occurs any time a person drives in a manner that a reasonably prudent driver would not. Thus, any time you are driving in a situation where you cannot see the road ahead of you, you are driving negligently because a reasonably safe driver would not drive in such a condition. It will probably be of little help to the driver in the situation above that she had a valid excuse, because that does little to change the fact that she was indeed driving her car even though it was in a condition that was unsafe for driving, posing a danger to herself and other drivers on the roadway. Had the lady caused an accident in Tennessee by driving in such a manner, she very likely would have been responsible for the damages and injuries sustained by those involved in the wreck, even in spite of the fact that she was attempting to take the car to get it fixed.

Source: http://www.dailymail.co.uk/news/article-1258036/What-mean-I-road-officer-Woman-pulled-driving-VERY-faulty-bonnet.html

According to the Associated Press, the Transportation Department released a statement on Thursday saying that its projections showed that highway deaths in the United States totaled fewer than 34,000 in the year 2009, down nine percent from the previous year and the lowest total since the 1950’s. The reduction in deaths is at least partly attributable to increased seat belt use, less frequent drunken driving, and more stringent enforcement of traffic laws. According to the article, highway deaths have steadily declined since 2005.

This statistic may surprise some readers of this blog, which frequently focuses on traffic accidents in Tennessee and their causes by looking at developing technology and its tendency to create unsafe driving conditions. The reality is that these unsafe conditions have been mitigated by the factors listed above as well as ever-increasing vehicle quality that helps to protect passengers, but that it still only takes one accident to cause serious injury or death on the roadways.

Continue reading "Highway Death Totals Lowest Since the 1950's" »

There are many activities that have been discussed previously on this blog that do not mesh well with driving, such as texting, drinking alcohol, using illegal drugs, and sleeping. One such activity that has been little discussed but is equally as dangerous is grooming or primping while driving. On any given day in a heavy- or medium-traffic area, one is likely to see a multitude of derivatives of this behavior. It is not at all uncommon to see another driver putting on makeup, tweezing his or her eyebrows, styling his or her hair, generally checking his or her appearance etc. In some cases, one may even see another driver performing some routine bikini-line maintenance while her passenger steers the vehicle.

The issue with all of these forms of activity is that when a driver is focused on his or her hair, eyes, lips, eyebrows, or other assorted bodily locations, that driver is not completely focused on the road ahead, which, as luck would have it, is where all of the other vehicles and pedestrians who are using the roadway happen to be. This failure to keep a proper lookout is negligent in Tennessee and can result in an accident for which the negligent driver will be held responsible. Needless to say, the act of grooming or primping while driving is one that causes more than its fair share of accidents on the roadways, especially in high-traffic areas where people tend to perform a good chunk of their morning beautification ritual while in the vehicle on the way to work or school.

There is simply nothing a potential victim of such activity could do to try to avoid the accident, since there is no way to know the man behind you is trying to trim his goatee in the carpool lane until he rear-ends your vehicle. However, victims can recover for their damages by bringing a personal injury suit against the negligent driver, which would enable the victim(s) to recover for the damages and injuries caused by the negligent conduct.

Tennessee imposes many duties on drivers within the state in order to make sure that they are driving in a reasonably safe manner. One such duty is the duty to keep a proper lookout. This duty extends not only to keeping a proper lookout for vehicles and other obstacles in the roadway, but also extends to keeping a lookout for pedestrians as well. Unfortunately many drivers fail to drive in a safe manner in areas where they know or should expect pedestrians to be present. Such places include school zones, college campuses, heavily populated areas, and crosswalks. Failure to keep a proper lookout in these areas can lead to serious injury or even death and is also likely to lead to a personal injury lawsuit in East Tennessee should the driver’s negligent behavior result in injury to the victim.

A memorial service is reportedly being planned for a sixty-four year-old college student at the University of Central Oklahoma who was killed on Tuesday in an automobile-pedestrian accident. The woman apparently took the bus to school on Tuesdays and Thursdays and was stepping out into the street to board the bus on Tuesday morning near her apartment complex when she was struck by a vehicle. Law enforcement officials say it looked like she may have walked into the side of a moving vehicle, and the manager of the apartment complex said she may have gotten her suitcase used to carry her books stuck on something and was trying to get it unstuck as she stepped out into the road. There is no indication in the article of who was at fault for the accident.

The unfortunate truth is that sometimes there is simply nothing a driver can do to avoid accidents, even if he or she is keeping a proper lookout. For this reason, drivers should drive much more slowly and with a much greater degree of caution in areas where they know pedestrians are present just in case something out of the ordinary might happen. Failure to take extra care may result in the driver being liable for the damages should a scenario take place like the one described above.

Source: http://newsok.com/memorial-service-planned-for-uco-student-killed-in-auto-pedestrian-accident/article/3443570

Authorities are now releasing details of a bus crash in Florida that was responsible for the deaths of two people on board the bus. They say an eighty-one year old woman who was driving her car failed to yield and struck the bus on its side. The bus was carrying senior citizens who were on a cultural tour, and there were reportedly thirty-two people on board at the time of the crash. The collision caused the bus to run off the road, roll over twice, and eject some of its passengers. It took the efforts of several emergency response crews to attempt to treat everyone who was at the scene. The driver was not as unfortunate as most of the bus passengers, as she sustained only minor injuries as a result of the crash.

This situation demonstrates how dangerous failure to yield can be on the roadways. Wherever a driver sees a “yield” sign on the road, he or she must wait until no oncoming traffic would be affected by that driver entering traffic before making the decision to enter the roadway. While it is common to see drivers treat a “yield” sign in a similar manner to a stop sign, that is not a correct interpretation of the rule of the road requiring drivers to yield. Yielding has nothing to do with stopping or even slowing down your vehicle, but rather implies that a driver defer to all oncoming traffic before deciding to entering the road.

As seen above, the failure to yield can cause serious accidents and may very well result in a significant amount of liability being placed on the offending driver, who will likely be responsible for any damages and injuries (including, in this case, wrongful death or some similar claim) sustained by any victims should the decision not to yield cause an auto accident. Drivers should always be wary of yield signs and make sure the way is clear before they decide to enter the roadway.

Source: http://news.findlaw.com/ap/other/1110/02-23-2010/20100223052007_13.html

A Sevierville, Tennessee woman is making national headlines after she went in front of an investigative panel of the House Energy and Commerce Committee on Tuesday to testify about the harrowing ordeal she underwent when her Lexus suddenly accelerated to speeds of over one hundred miles per hour. The woman tried everything she could think of (hitting the brakes, putting the car in neutral, reverse, etc.) to no avail before the vehicle miraculously slowed down, enabling her to avoid a car crash in Sevierville.

Incidents like this one have cause Toyota to millions of vehicles around the country. Toyota initially blamed the acceleration problems on sticking gas pedals and misplaced floor mats, but the House subcommittee is investigating whether or not the acceleration issues could be the result of an electronic malfunction that Toyota initially refused to acknowledge in instituting the recalls. Toyota does admit that the company may have grown too fast to enable them to maintain the proper focus on consumer safety but the company denies that there are any electronic problems of the sort alleged by the House subcommittee.

Continue reading "Tennessee Woman Tells Congress About Her Toyota Troubles" »

Employing the service of a designated driver is one of the most responsible actions that can be taken by a person who is unfit to drive. However, it is essential to make sure that your designated driver is someone who is actually capable of legally operating a vehicle and is also someone who is not intoxicated as well. Such was the lesson learned by a Texas man last week when he decided to let his niece drive him home because he was intoxicated.

Unfortunately his niece was only fourteen years old, and was also reportedly intoxicated. Officers initiated a traffic stop on the vehicle and the vehicle drove into the yard of a nearby home while trying to stop near the curb. Both the uncle and the driver face a litany of charges.

Designating a driver is a great way to avoid irresponsible driving behavior and potential liability in a lawsuit arising from an auto accident. However, that driver must legally be able to drive and must be in a condition to operate a motor vehicle. Tennessee drivers who employ the tactic described above will be responsible for the damages suffered by any victims in a personal injury suit just as they would if they had actually driven the vehicle while under the influence.

Continue reading "Drunk Uncle Uses Teen, Also Drunk, as Designated Driver" »

Twenty-seven unlucky people at an auto auction in Ellijay, Georgia got more than they bargained for at a car auction on Tuesday night when a Volvo that was being driven into the building to be auctioned off suddenly accelerated and plowed through the crowd, injuring a host of spectators. Fourteen of the auction-goers had to be taken to the hospital as a result of the incident and thirteen more were treated on the scene. Authorities reportedly believe the crash to be an accident, although no specific cause has yet been revealed.

The biggest risk most people expect to face when attending an auction is that someone across the room will be just a little more enthusiastic about buying an item than they are. They certainly don’t expect to get hurt, and only in their wildest dreams would attendees consider the possibility that a rogue vehicle would do its best Horace the Hate Bug impression and mow down the crowd. However, this kind of scenario is one which Tennessee law sometimes expects the persons or companies that host the auctions to consider. Tennessee law demands that an owner or occupier of a space use reasonable care to prevent harm to the patrons, visitors, or other persons who could foreseeably be on the property. Failure to do so may be negligent, and may expose the owner or occupier to premises liability for the damages or injuries sustained should something like the above scenario occur.

Continue reading "Auto Auction Disaster Injures Dozens" »

As technology has advanced, drivers have found an increasing number of ways to distract themselves while attempting to travel America’s roadways. One of the latest examples comes from Illinois where a man rear-ended the squad car of an Illinois State Trooper who had just pulled onto Interstate 80 from the median. The man, who was reportedly speeding at the time of the incident, was trying to change the ringtone on his mobile phone, which caused him to divert his attention from the road and made him unable to spot the trooper in time.

Luckily no one was injured in the collision, which occurred just days before a new law prohibiting Illinois drivers from using electronic devices while driving was to take effect. To help combat similar incidents in the future, Illinois police have placed the car in the median with a sign that informs passers-by that the car was struck while texting.

This scenario is becoming ever more likely as distracted driving has become the leading cause of roadway accidents. Public service announcements in Tennessee are now citing that distracted driving accounts for 80% of all roadway accidents, meaning that if you are the victim of an auto accident in Tennessee then there is a good chance that the party at-fault was engaged in some fort of distracted driving at the time the accident occurred.

Continue reading "Man Rear-Ends Squad Car While Trying To Change Ringtone" »

Intoxication often leads individuals to make less than optimal decisions, which is exactly what an Indiana man did early Sunday morning when he decided it might be a good idea to try to steal a backhoe. The man apparently climbed over a fence to get to the backhoe and then crashed the backhoe through the fence to make his escape. A host of witnesses reportedly saw the man try to make his escape and called the police, with one even following him down the highway while talking to police on his mobile phone. To make matters worse for the man, he reportedly attempted to make his escape by zig-zagging between his own lane and oncoming traffic on the backhoe. Police said he showed signs of intoxication. The criminal consequences of this situation are discussed here.

As is often discussed on this blog, operating a vehicle while intoxicated is a frequent source of negligent driving that can result in liability in personal injury lawsuits. In this scenario, the driver made several unfortunate decisions, all of which constitute negligence in Tennessee. The first such decision was driving a backhoe down the highway, since the highway probably isn’t a proper or safe place to drive such a low-speed vehicle. The second poor decision was the decision to try to evade the police, since other drivers can easily be injured in a police chase and the driver who is the cause of the chase can be held responsible for the damages. The third unfortunate decision in this case was the decision to weave between the proper lane of travel and oncoming traffic. This decision, maybe more than any other, could result in the driver or someone else being seriously injured or killed. This decision could also constitute conduct that a jury could find was reckless enough to warrant the imposition of punitive damages.

Driving while intoxicated is never a good idea, and newspapers and websites are filled with examples of why that is the case. That decision often leads to serious accidents and personal injury suits, which often result in large damages awards against the person responsible for the accident.

Source: http://www.azcentral.com/offbeat/articles/2010/02/09/20100209man-flees-in-backhoe.html

While some schools are extremely strict on their tardy policies, forcing students to get to class on time no matter what, that is probably not what caused a seventeen year-old boy from Shoreline, Washington to crash his parents’ car through the doors of his high school and drive it down the hall. The car reportedly traveled about seventy-five yards before coming to a stop after hitting a security office. The police say drugs and alcohol were not involved, but the teen was taken for a mental evaluation. There has been no confirmation yet as to why or how the crash occurred.

Scenarios such as this one help to illustrate why individuals under twenty-five, particularly males, are considered “high-risk” by insurance companies and generally have to pay higher premiums. This high-risk status derives from many factors. First and foremost is the fact that drivers under the age of twenty-five will generally be less experienced behind the wheel than older drivers. Second, younger drivers are also generally more prone to risky or reckless driving, which can combine with inexperience to form a deadly combination. Third, younger drivers are thought by insurance companies to have a lesser degree of emotional maturity than do older drivers, which may cause them to let emotional or stressful situations impact the decisions they make behind the wheel of an automobile. This is also probably the reason that the teen in this situation is being taken for a mental evaluation, which can help determine whether or why he decided to crash the car into the school.

In situations like this one, it is extremely fortuitous when no injuries result. A vehicle crashing through the hallways of a high school would have the potential to injure or kill dozens or hundreds of kids depending on the time of day. Luckily no one was injured in this incident, including the driver, but it does provide a good example of why drivers in this age group may be considered “high-risk” by insurance companies.

Source: http://www.denverpost.com/watercooler/ci_14358948