Tennessee Injury Lawyer Blog

A mail carrier is faced with a variety of charges after she hit a Tennessee Highway Patrol Trooper head-on Friday night while driving under the influence in her postal vehicle. The Trooper was apparently trying to turn into a gas station when the lady crossed lanes and struck his vehicle. The Trooper was taken to the hospital, but he was treated and released without serious injuries.

While DUI is usually discussed in the criminal context, it can also have considerable consequences in the context of Tennessee personal injury law. Driving under the influence is automatically considered negligent in Tennessee, because it is not reasonable to drive under the influence of any intoxicant under any circumstances. Drivers who are negligent in causing an accident will find themselves liable for any damages that result from the wreck. In the situation described above, the drunken deliverer would be responsible for the medical expenses of the Trooper and any other expenses that occur as a result of the wreck, such as lost wages.

Continue reading " DUI Can Lead to More than Criminal Charges " »

A Tennessee man was recently arrested for the tenth time for driving on a revoked license. Police pulled the man over after seeing him cross the center line last Friday. During the traffic stop, the man decided that if he just drove away really fast he might not get a ticket. A high-speed chase ensued, leading police across two counties and reaching speeds of up to 100 miles per hour. The man eventually pulled over and surrendered to police. The charges against him include driving with a revoked license.

Besides the obvious fact that high-speed chases are often on television precisely because they never seem to work out the way the offender-on-the-run intends, instigating such chases is not advisable because it can lead to the offender being held responsible for an extraordinary amount of damages after the chase has run its course.

A person engaging in such activity will almost certainly be sued for every injury they cause and every piece of property they destroy, which can add up pretty quickly when a driver is traveling 100 miles per hour down the interstate with several police cars in pursuit. One source of liability for such a driver will be compensatory damages, as he or she will definitely be responsible for actual damages sustained as a result of his or her conduct. However, the biggest source of liability in this situation may come in the form of punitive damages.

Continue reading " Man Leads Police on High-Speed Chase after Traffic Stop " »

For the second year in a row, traffic fatalities have declined in Tennessee, according to WBIR.com. The site reports that in 2008, Tennessee saw 1,043 traffic fatalities, down 14% from the 1,211 such fatalities that occurred in the state in 2007. So far this year, Tennessee has seen 829 traffic-related deaths, which is down from 928 at this point last year.

The article cites seatbelts as the primary safety measure responsible for saving lives in traffic accidents, but seatbelts have another important purpose in the context of personal injury law: negligence avoidance. Implicit in the duty to drive in the manner that a reasonable person would is the duty to wear a seatbelt, because a reasonable person would do the two following things:

1. Follow the law, which now requires that seatbelts be worn while in a vehicle


2. Choose to use a potentially life-saving device regardless of the small amount of discomfort one might feel while wearing it.

Thus, drivers in Tennessee should make certain that everyone in the vehicle is wearing their seatbelt before putting the car into motion in order to avoid potential injury should an automobile accident occur and to avoid being sued for negligence for operating a vehicle while passengers were not safely restrained.

Continue reading " Traffic Fatalities Decline in Tennessee " »

If you are like most Americans, the amount of time you spend traveling in your car increases substantially around the holidays. It follows, then, that it would be even more important around this time of year to make sure everything on your vehicle is in proper working order before traveling. This includes taking care of basic maintenance on a vehicle that may be the difference in causing or avoiding an auto accident, such as making sure your vehicle’s tires are not worn out, that the headlights are in good working order, and that the brake pads are in good shape.

The duty that is placed upon every driver in Tennessee to drive like a reasonably prudent person would include doing reasonable maintenance. For example, it is not reasonable for a driver to keep their vehicle in such a state of disrepair that one cannot come to a stop within a reasonable distance upon braking or be drive safely on a slick or winding road. As roadways get more congested around the holidays, the likelihood of accidents goes up, and failing to perform reasonable maintenance on a vehicle just increases the risk all the more.

Continue reading " Proper Vehicle Maintenance Can Help Avoid Negligence " »

It goes without saying that interstate driving can be dangerous with so many cars traveling near each other at high rates of speed. Interstate wrecks often involve multiple cars and result in serious accidents. One such accident occurred around 2 p.m. on Saturday at mile marker 335 on Interstate 40 in Cumberland County, Tennessee. Police say a sixty-three year old woman was traveling east on I-40 when she tried to cross a median, hitting a tractor-trailer head-on that was hauling furniture, causing the tractor-trailer to explode. These two vehicles were then hit by a semi that tried to swerve but was unable to avoid the auto accident in East Tennessee. The lady who tried to cross the median was killed, and the two people in the truck that was hauling furniture were taken to the hospital, as was the driver of the semi.

This is a perfect example of the kind of negligent driving that leads to serious accidents and personal injury lawsuits. Behaving like a reasonably prudent driver clearly does not entail trying to make a u-turn across the median on a busy interstate absent some sort of special emergency that necessitates such a maneuver. Cars are simply traveling too fast in too close a proximity to each other to allow someone to slow down in the far left lane, safely drive across the grass, enter the traffic coming from the opposite direction, and quickly get up to a safe driving speed for traveling with traffic. There are very few situations in which executing this maneuver would not be considered negligent.

Continue reading " Driver Causes Fatal Accident Trying to Cross Median on Interstate " »

One of the best ways to avoid driving negligently is to always keep a proper lookout for other vehicles and obstacles in the road. This is especially true and especially difficult when the driver is pulling a trailer or another vehicle that expands the vehicle’s length considerably and makes it harder for the driver to judge what constitutes a safe driving maneuver. For example, an accident occurred Saturday night near the New Market area of Tennessee when a large box truck that was hauling another vehicle apparently pulled out in front of a pickup truck while trying to cross traffic, causing the pickup truck to strike the rear end of the box truck and causing the box truck to flip. One man involved in the wreck had to be flown to the hospital, but his injuries were not life-threatening.

Tennessee requires that drivers keep a proper lookout when driving their vehicle, since that is what a reasonably prudent driver would do. Drivers who are pulling trailers or hauling large loads are expected to know how that affects the dimensions of their vehicle and the ability to maneuver that vehicle through traffic. Likewise, drivers who are driving in busy areas or who are crossing traffic are expected to make sure the way is clear before they attempt to complete such a maneuver. Failure to abide by either of these precautions may result in an accident, with the driver being liable for negligence if a Tennessee personal injury lawsuit arises out of the wreck.

Continue reading " Keeping a Proper Lookout " »

A man from Clinton, Tennessee died this past Wednesday night after a car struck him while crossing the street in Lexington, Kentucky. Police are still searching for the driver, who fled the scene. This is a classic and tragic example of what is known as a hit-and-run. From both a criminal law and injury law standpoint, commission of a hit-and-run is one of the absolute worst decisions that someone can make while driving a vehicle. The criminal consequences are discussed in today’s criminal blog on www.tennesseecriminallawyerblog.com, while this article deals with the potential consequences should a hit-and-run lead to a personal injury lawsuit.

A driver who is responsible for a hit-and-run will potentially be liable for both compensatory and punitive damages, which can be based on several different theories of recovery. Compensatory damages are awarded to compensate the plaintiff (or the plaintiff’s estate or heirs) for damages actually suffered by the plaintiff as a result of the defendant’s conduct. This can include medical expenses, loss of life, lost wages, etc. In a hit-and-run case involving a pedestrian, these damages are likely to be substantial.

Punitive damages are awarded to punish the defendant and deter similar conduct in the future. For punitive damages to be awarded in Tennessee as a result of an auto accident, the plaintiff must prove that the defendant acted intentionally, fraudulently, recklessly, or maliciously in causing the accident. Where a driver strikes a pedestrian, biker, or another vehicle with his car and then flees the scene, the jury is likely to find that such conduct was reckless or malicious, especially if the injuries to the plaintiff could have been mitigated, or death prevented, had the driver stopped at the scene and assisted the victim. Punitive damage awards are not limited to the amount of damages sustained by the plaintiff, so the sums awarded for punitive damages can be enormous, especially considering that the juries who award such damages are unlikely to look favorably upon the party at fault in a hit-and-run.

Continue reading " Tennessee Man Dies After Hit-and-Run in Kentucky " »

Search “construction worker hit by car” or some derivation thereof on any search engine and you will literally find hundreds of articles discussing incidents where construction workers who were working on roadside jobs were struck by vehicles and suffered serious injury or death. The human body is an amazing organism, but it is no match for a moving vehicle, whether it is a semi or a Smart Car. Tennessee recognizes that proper road maintenance necessitates that people such as construction workers, utility company employees, and litter crews will have to work on or along the road. Accordingly, the duty to drive as a reasonable person would dictates that drivers react appropriately where they know workers will be working on or near the road.

Very rarely does any work take place along the road without it being made clear to drivers in the area that such work is taking place nearby. Construction zones are often delineated by orange and white barrels and signs that declare that men are working in the area. Utility crews are usually likewise noted by barrels or orange cones and signs warning the driver that utility work is being conducted. Litter crews generally do not use barrels, but may use cones, trucks with flashing lights, and, in the case of certain litter crews, fashionable vests that indicate why a particular individual is assisting the road maintenance effort on that particular day. Such efforts are often conspicuous, and rarely will a defendant in a Knoxville personal injury suit be able to claim that he or she was unaware of work being done in the area where the accident occurred.

Continue reading " Avoiding Negligence in Construction Zones " »

There are some things you just should not do while you drive, like consuming alcohol or watching television, because reasonable people would never behave in such a manner. Sleeping just happens to be one of those things. While it takes little explanation to figure out why sleep-driving constitutes negligence, the more practical danger to drivers is that they will get in the car after getting too little sleep and thereby risk falling asleep at the wheel.

This concern looms largest for those whose profession entails a lot of driving, especially people like truck drivers who are on the road constantly. Many professional drivers make the decision to forego sleep in order to deliver their load more quickly or get back home to their families sooner. This may lead the driver to get behind the wheel while he or she is not fully alert, greatly increasing the likelihood that the driver will fall asleep while driving. Obviously a tractor-trailer speeding down the road unmanned is a recipe for disaster, a lot of liability, and probable loss of a job or maybe even a life. This could result in an enormous amount of liability for both the driver and the company for which the driver works should the driver’s failure to stay alert behind the wheel be found as a proximate cause of the truck accident in East Tennessee.

Continue reading " Driving While Sleepy " »

Every driver has more than likely turned a corner or crested a hill while driving at night only to be momentarily blinded by the high beams of a driver approaching from the opposite direction. The use of high beams at night is completely acceptable and understandable, especially in Tennessee where a lot of the roads are winding and dark and could present unseen obstacles. However, both the driver using high beams at night and the driver who encounters another driver using high beams risk being found liable for negligence if they do not respond to such use in the manner a reasonably driver would.

Tennessee law holds that a driver can be found negligent for failing to obey customary “rules of the road,” which are not established by statute but commonly known to all drivers. Failure to dim high beams when approaching another vehicle qualifies as one of these customary rules and drivers who are using their high beams have a duty to dim their headlights when approaching another vehicle if a reasonably prudent person would. If a driver fails to dim his or her high beams and the headlights so impair another driver as to lead to an accident, the driver who failed to dim his or her lights can be found liable for resulting damages to the extent that the presence of the high beams was a cause of the accident.

Continue reading " Use of High Beams May Constitute Negligence " »

As the holiday season approaches, drivers should be wary that this time of year presents extra complications in the areas of interstate and highway travel as people traverse the country to visit loved ones. Holiday travel greatly increases the volume of cars on the road, meaning negligent driving has a greater likelihood of causing accidents. There are several common holiday driving activities that drivers should be aware of that could be found to constitute negligence in the event such behavior causes a Tennessee auto accident.

Many drivers will have the car loaded down with gifts, luggage, or other items that could possibly obstruct their vision. Driving with obstructed vision can be considered negligence by a jury if the obstruction was significant and was the cause of an accident from which injuries or damages resulted. Drivers should make sure that their vision is not obstructed by any items inside or on the outside of the car, even if the obstruction is just a partial one, in order to avoid liability in the event of an accident caused by obstructed vision.

The holidays are also a stressful time as people hustle back and forth to meet family commitments. This added stress can increase the likelihood of aggressive or retaliatory driving, both of which can give rise to liability for negligence if such driving causes an accident. Behavior such as cutting someone off, tailgating the car in front of you, running red lights, and so on can be provoked by the pressures of trying to get from place to place during this time. However, such behavior is not the behavior of a reasonably prudent driver and can constitute negligence.

Continue reading " Holiday Season Complicates Automobile Travel " »

Children are unpredictable to say the least. One second they may be sleeping quietly on the couch and the next they may be imitating a wrestling move and dropping a flying elbow on grandpa from the top of the couch. One simply never knows what a kid will do next, probably because the child itself has no idea what may next strike its fancy. Tennessee law recognizes the unpredictable nature of children and has accordingly held that drivers must keep this nature in mind as well.

A motor vehicle operator who encounters children on the roadway or knows they are or are likely to be present in the area must anticipate that children may act upon childish impulses and take the appropriate precautions. Where one knows that children are present, it should come as no surprise that a child may chase a ball into the road, engage in some activity such as playing or running that makes the child accidentally fall into traffic, or suddenly decide that he or she is a superhero who wishes to exercise his or her powers to stop moving vehicles. The possibilities for how a child may end up in front of an approaching vehicle are literally as varied as a child’s imagination. Thus, drivers must be on the lookout when children are near and drive in such a manner so as to make it possible to avoid sudden obstacles in the roadway.

Continue reading " Driving Near Children " »

With technology continuously evolving at a rapid pace, issues of negligence as it pertains to motor vehicles will increasingly shift toward distractions provided by mobile communications devices such as mobile phones and laptop computers. These types of devices lead to what is known as “distracted driving” and are an increasing catalyst for automobile accidents and ensuing lawsuits. Despite these technological advances, however, there are some more basic forms of negligence that still occur commonly enough to warrant discussion. One such form is that of driving with obscured vision, something drivers may do without even realizing that it is negligent but that can easily lead to an accident and a personal injury lawsuit in Tennessee.

Driving with obscured vision can take many forms. The most blatant example would be someone who drives while completely blind. Tennessee has held that driving in such a condition automatically constitutes negligence, which will make the party-at-fault liable for damages caused as a result of driving in such a condition. Note that this does not apply to only physical blindness. Driving while blindfolded or driving with your eyes closed would also fall under the category of negligence per se if such acts result in the driver’s total blindness. These actions would also have the added effect of making the driver the object of ridicule on a national, if not global, scale, which should also serve as an added deterrent.

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East Tennessee was drenched yesterday by the remains of Tropical Storm Ida, with some areas receiving an inch and a half of rain or more. Such weather brings with it a host of unfavorable driving conditions and substantially increases the risk and frequency of motor vehicle accidents. Tennessee law imposes upon drivers who drive in such conditions a duty to drive in a reasonable and safe manner under the circumstances or else risk being held liable in a personal injury suit.

Perhaps the most obvious danger associated with driving in heavy rains is flash flooding. Roadways can flood in unexpected places and with little to no warning, causing serious problems for vehicles that have to find a way to navigate through such conditions. Highways and interstates are also especially conducive to hydroplaning when large amounts of rain lead to standing water on the roadways. Given the high speeds at which drivers on these roads travel, hydroplaning can lead to devastating accidents, possibly resulting in severe injury and even death.

Likewise, heavy rains will often result in slick roads on which one wrong maneuver can send a driver careening off the roadway or a sudden stop can lead to a skid. Finally, rainy conditions are often accompanied by decreased visibility which equates to decreased reaction time.

Continue reading " Tropical Storm Ida Drenches East Tennessee " »

It is no secret that the University of Tennessee’s status as a dry campus does not completely preclude the consumption of alcohol by football fans before and during football games. As such, it seems inevitable that some fans unfortunately make the dangerous decision to drive home while under the influence of alcohol, especially when Neyland Stadium plays host to a late game, giving fans the opportunity to tailgate all day before attending the game that night. Those who attend the games or are driving near Neyland Stadium after the games should use extra caution and be on the alert for drivers around them who may be driving under the influence.

After the University of Tennessee’s most recent football game against Memphis, a driver who was apparently under the influence of alcohol was hospitalized after crashing his car into a parked car on Volunteer Boulevard. The crash caused the driver’s SUV to roll over and land on its top. The driver had to be pulled from the car, but does not have any life-threatening injuries. Police suspect that the driver was driving under the influence because alcohol was found in the wreckage.

A Knoxville police officer quoted after the crash stated that late games are especially problematic when it comes to driving under the influence, because people have a tendency to tailgate or drink throughout the day and then want to drive home at night. Such behavior, however, is both illegal and negligent under Tennessee law and could result in the driver at fault being held liable for damages. A driver is behaving negligently under Tennessee law any time he or she is driving in a manner other than that in which an ordinarily prudent person would drive. Thus, driving under the influence is clearly negligent under Tennessee law. Even worse for the aspiring drunk driver, if the driver who causes an accident is behaving in a reckless manner, he or she may be responsible for punitive damages as well. These are the large damage awards frequently publicized in lawsuits that are intended to deter similar conduct in the future.

Continue reading " Late Games Increase Risk of Auto Accidents " »

Following too closely is one of the most common examples of bad driving behavior that drivers will see on a daily basis. It occurs for many reasons. Some drivers think the driver in front of them is driving too slowly and that they will speed up if there is a car firmly attached to their back bumper. Other times, drivers may follow too closely in order to intimidate or retaliate against another driver who has offended them in some manner on the roadway. Some drivers may even think that they can save a little gas during these tough economic times if they can draft behind the car in front of them. Still yet, drivers may follow too closely simply because they are unaware that they are doing so. Whatever the motivation, following too closely is a great way to cause an accident and become a defendant in a lawsuit.

The most obvious danger in following too closely is that the car in front of the tailgater will stop or slow down suddenly and that the driver that is following too closely will not be able to react in time to avoid a collision. Another danger with this type of driving behavior is that a driver who is concentrating on following the car in front of them as closely as possible is not aware of other obstacles in the road or suddenly changing driving conditions, such as the actions of other drivers. Driving in such a manner presents a danger to the offending driver and other drivers on the roadway. If such behavior causes an accident, the driver responsible may be liable for actual as well as punitive damages.

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The idea that it is harder to see, and thus harder to drive, at nighttime is nothing novel and will not be headlining the local news this evening. However, it is important to keep this premise in mind while driving after dark in order to avoid automobile accidents and resulting liability for damages. The fact that it is harder to see at night does not mean drivers can drive like it is the last lap of the Indy 500 and simply avoid liability by claiming that whoever or whatever they hit was in their way and they could not see the obstacle because of the darkness. Rather, the increased difficulty of seeing the roadway at night imposes on drivers in Tennessee an obligation to drive more carefully than they do during the day.

Tennessee law holds that a driver will be liable for negligently operating a vehicle if they are driving at such a high rate of speed that they cannot stop within, or avoid hitting obstacles within, the distance illuminated by the vehicle’s headlights. This duty is not relieved simply because it is raining or because the driver was compelled to drive with dimmers due to weather conditions. This approach in its simplest form basically says that if you can see it, don’t hit it, or you will pay for it (literally or figuratively, maybe both). Drivers on dark and windy roads would be well advised to ignore the subconscious need to go “at least” the speed limit prescribed by law. Instead, drivers should take a slow and steady approach and make sure that they are driving at a speed and in a manner that will allow them to avoid all visible obstacles.

Continue reading " Negligent Driving at Night " »

Tennessee’s recent ban on texting while driving has attracted a lot of attention in the criminal sphere, but less attention has been paid to this activity from the standpoint of personal injury law. Criminal consequences aside, texting while driving is destined to become an increasingly common cause of roadway accidents and an increasingly popular basis for liability in lawsuits arising from such auto accidents in Pigeon Forge and throughout the State of Tennessee.

Studies have shown that drivers who text while driving are twenty times more likely to crash than drivers who do not engage in such activity. Some studies have even shown texting to be more dangerous than drunk driving. While texting may seem less distracting than talking on the phone or adjusting the radio while driving, scientific analysis to date has shown that it is actually far more dangerous than both of those activities. Texting while driving requires that the driver take their focus off of the road, and at least one hand off of the steering wheel, for the entirety of the time it takes to complete the text. Drivers who are distracted in this manner cannot possibly have a good grasp of what is going on around them, slowing reaction time and increasing accident risk considerably.

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A lot of drivers operate on the mistaken assumption that if someone crashes into them from the rear, the accident is automatically the other person’s fault; however, this is not always the case. While it is often true that a driver who rear-ends another driver will be at fault, and may even be presumed to be at fault, because they failed to brake in time, were following too closely, etc., Tennessee law contemplates that the driver who got rear-ended may also be at fault, or may be completely at fault, if they were driving negligently.

A good example of how this principle operates can be derived from looking at a lawsuit that was recently filed against a driver by two bicyclists who allegedly crashed into his car after he pulled over in front of them and slammed on the brakes. The driver was apparently angry at the bicyclists and swerved in front of them before stopping intentionally, causing a crash resulting in permanent injuries to the bikers. This is a common tactic resorted to, or at least contemplated, by drivers who are angry at the person behind them for whatever reason. Many drivers think that if someone is tailgating them or otherwise perturbing them in some manner that they can simply slam on the brakes, get rear-ended, and place all of the blame for the accident on the other driver.

Continue reading " Driver Accused of Deliberately Causing Crash " »

It is not uncommon to see other drivers toying with their navigation systems while en route to their destination during your morning commute. Such systems have become almost standard in vehicles today to the point that it is surprising to see a car that does not either have a built in navigation system or a portable navigation system mounted to the windshield. While such systems are extraordinarily handy and are perfectly acceptable accessories for vehicles, drivers should keep in mind that negligent use of navigation systems can lead to accidents and potential lawsuits.

The companies that make navigation systems are well aware of the dangers that interacting with them while driving can pose, and most navigation systems have a disclaimer that makes the user agree that they will not be actively interacting with the system while in motion. One obvious danger posed by such systems is that drivers who are using a hand to adjust something on the system do not have two hands with which to control the automobile if necessary.

Another less obvious, but more amusing, source of danger is that some drivers choose to rely on their navigation systems to the exclusion of other informational sources, namely logic and the human sense of sight, and drive their vehicles into lakes and rivers at the behest of the friendly voice emanating from their dashboard. Perhaps the greatest source of concern with using these systems, however, is the simple truism that if you are looking at the navigation system you cannot be looking at the road. A distracted driver who is not looking at the road cannot be aware of obstacles in the roadway or suddenly-changing driving conditions and is risking an car accident in Tennessee and a potential lawsuit.

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As the days begin to get colder and the conditions more inclement, drivers would do well to remember that driving the speed limit may still render them liable in an auto accident in East Tennessee depending on the surrounding circumstances. The speed limit is determined as the maximum speed that can be safely driven on a given stretch of road under normal conditions. Bad weather conditions require a greater degree of care. Unfortunately, drivers often feel the impetus to drive at or above the speed limit no matter the conditions. This is a dangerous mindset that can result in the driver being seriously injured and/or defending against a lawsuit.

Tennessee has a lot of roadways that are curvy, steep, and narrow. When such roadways are wet or icy, traveling at the posted speed limit can lead to disaster. Drivers must use their best judgment in determining how fast to proceed on such roads. Failure to act as a “reasonably prudent” person while on such roadways is considered negligence under Tennessee law. For example, if the posted speed limit is 25 miles per hour on a mountainous back road, that speed limit is clearly not contemplating that Tennesseans will drive at such a high rate of speed when the road is covered with snow and ice. If one were to travel down that road in such conditions at the posted speed limit and cause some sort of accident, the driver would stand a high probability of being held liable for acting negligently in causing the accident and would potentially be responsible for the injured parties medical expenses, lost wages, etc.

Continue reading " Driving the Speed Limit is Not Always Safe " »