Articles Posted in Auto Accident

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Officer-Writing-Ticket-SmallAccording to a recent report in the Chattanooga Times Free Press, the number of traffic citations issued to Hamilton County drivers decreased for the 5th year in a row in 2017. For example, in 2012, police officers in Chattanooga wrote 6,776 tickets for speeding and 1,653 tickets for seatbelt violations. In 2017, officers only wrote 2,119 speeding tickets and 378 seatbelt violation tickets. On a similar note, tickets for red light violations dropped from 668 to 280.

With tickets going down, that must mean more people are choosing to follow the rules of the road, right? Not so fast. The Chattanooga Police Department has provided several reasons why traffic citations are declining in the area. The first concerns officer discretion. A supervisor of the Chattanooga Police Department’s traffic division stated police officers have discretion when it comes to issuing tickets and citations. For example, if an officer pulls someone over for speeding, he or she can issue a verbal warning instead of writing a ticket. Since the police department wants to always encourage safe driving, some officers believe that having a conversation with the offender and providing a verbal warning can do more to prevent violations in the future than writing that person up with a citation.

Police attrition may also be linked to less tickets being issued. Losing officers has been a problem for many municipal police departments over the year, and the issue is no stranger to Chattanooga. According to the Chattanooga Police Department, between three and four police officers leave the department each month, on average, with some being transferred to new divisions and others leaving the force altogether.

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Keys-Laying-on-Insurance-Policy-SmallCar insurance is required in all states. The law requires drivers to carry valid liability insurance in case they cause an accident that harms another person or damages their property. Drivers caught operating a vehicle without valid coverage can be subject to fines and citations for financial responsibility. Repeat offenders may be subject to imprisonment. In most states, vehicle owners are only required to purchase liability coverage. Vehicle owners then have the option of purchasing additional coverage to protect them in the event that they are involved in an accident with an uninsured or underinsured driver.

When it comes to purchasing auto insurance, the term “full coverage” is thrown around fairly often. Before making the ultimate decision, people consider the price of additional coverage and the likelihood they feel they may use it. It is common to hear many who have the following types of coverage believe they have full coverage.

  • Liability coverage. This covers bodily injuries and property damage caused by your negligence, or the negligence of an authorized driver. This coverage is required in all states.
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Man-Car-at-Crosswalk-SmallNashville, Tennessee, is one of the fastest-growing cities in the United States. The 13-county Nashville metropolitan area is currently home to nearly 1.8 million people. According to data tracked by the U.S. Census, this area gained close to 31,000 people per year between 2010 and 2015. This annual growth rate of 1.8% is more than double the national growth rate of 0.8%. A surging population has contributed to an economic boom in Nashville and Davidson County, but it has also come at a cost. Pedestrian deaths are on the rise.

As of October 2017, 19 pedestrians have died in Nashville. In the entire year of 2016, just 16 pedestrians were killed. With Nashville roads being crowded, many people walk when possible to avoid such dense traffic. According to safety experts, pedestrians are most at risk during the winter months, in part because it gets dark much earlier. As a result, people are walking home when it has already become dark.

Is there anything that can be done to fix this problem? In Middle Tennessee, two organizations have decided to team up – Walk Bike Nashville and the Tennessee Highway Safety Office. Together, they have created a campaign called “Look For Me,” designed to raise awareness for pedestrians. According to Walk Bike Nashville, pedestrian fatalities are expected to reach 24 this year, nearly double from 2009, which saw 13 fatalities.

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Gavel-wScales-of-Justice-Medium-SmallIn a great victory for people injured in Tennessee, Nahon, Saharovich & Trotz lawyers Glenn Vines, Mark Geller, Kevin Graham, and Jason Yasinsky were able to ensure injured victims have the right to submit the full value of their medical expenses in their personal injury claim. This case, Dedmon v. Steelmon, was argued all the way up to the Tennessee Supreme Court.

Plaintiff Jean Dedmon originally filed suit in the Circuit Court of Crockett County, Tennessee, for injuries sustained in an automobile accident. As part of the lawsuit, Dedmon attached her full medical bills for hospital treatment and doctor visits caused by the accident. While the case was pending, the Supreme Court of Tennessee issued an opinion in another case, West v. Shelby County Healthcare Corporation. That case dealt primarily with hospitals that filed liens (pursuant to Tennessee’s Hospital Lien Act) for the full amount of treatment billed to the patient, regardless of whether they had health insurance. While health insurance companies often pay at discounted rates due to contractual agreements with providers, the Court ultimately decided that based on the language of the hospital lien law, the hospital’s lien is limited to the discounted amount paid by the patient’s health insurance company.

Counsel for Steelman took that holding and sought to apply the principle to all of Dedmon’s medical bills. The trial court agreed and ruled that Dedmon could not submit the full amount of her medical expenses to the jury; instead, she could only submit the amounts of the contractually-agreed payments that the providers accepted from her insurance company. NST Law, on behalf of Dedmon, appealed that decision. After both sides submitted legal briefs and argued their respective positions, the Tennessee Court of Appeals reversed the trial court ruling, stating Dedmon could introduce her full bills but Steelman could introduce proof contradicting the reasonableness of those bills. Steelman moved to appeal this ruling to the Tennessee Supreme Court.

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Texting-and-Driving-SmallTexas is taking a unique approach to combat a systemic issue in America – distracted driving. Those applying for a new driver’s license must now take additional steps than people who have tried to get a license in years past. If you are 18 years old or older, you must now take a driving skills test and one hour course on distracted driving awareness. While 16 and 17-year-old drivers have had to take their own courses for distracted driving, this is a new requirement for adults 18 and older. At this time, the Texas Department of Public Safety is planning on introducing a distracted driving course geared towards adults who are 25 years old and older as well.

Distracted driving has always come with problematic side effects, and these have magnified in recent years. Many people blame progress in technology on the increase in distracted driving accidents across the United States today. According to the Centers for Disease Control and Prevention (CDC), nearly 9 people are killed each day in an accident that involves at least one driver who was distracted at the time of the crash. Just as alarming, over 1,000 people get hurt each day in these types of crashes.

Why does technology lead to more distracted driving related car accidents? For starters, people of all ages have access to a variety of personal devices that can be used at any point in time. Devices like cell phones and tablets are always tempting to use. People think they can look down at their phone to check email, send a text message, or browse social media websites like Facebook, even for a split second, and be fine. However, studies show that taking your eyes off the road to send or read a text message for just five seconds is long enough for your car to drive across an entire football field going 55 mph.

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crash-car-1180834-SmallExercising caution and safety behind the wheel is, and should be, stressed year-round. However, each year, an entire week is dedicated to promoting safety among teen drivers, and it is appropriately called National Teen Driver Safety Week (NTDSW). This year, it was held over the week of October 15-21. While this topic should always be discussed and promoted, safety is particularly stressed during this designated week.

Of all age groups, teens are some of the individuals most-susceptible to getting hurt while driving or riding in a vehicle, according to safety experts. Drivers between 15-20 years old are most vulnerable to passing away in a car accident. Many reasons have been given, including lack of driving experience, immaturity, drug and alcohol abuse, driving while distracted (such as using cell phones and listening to music), and driving while drowsy. To reduce teen driver accidents, the National Highway Traffic Safety Administration is taking action.

NTDSW includes several campaigns, each with its own message.

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Car-ConsoleMany new vehicles come with all of the bells and whistles one would expect. Auto manufacturers consistently tout new technology in their cars, specifically in-car “infotainment” systems. This technology includes music, navigation, and Internet, such as on or near the car’s dashboard. The name says it all – this technology can be informative (navigation, speed, etc.) while also facilitating the vehicle’s entertainment systems.

What can easily be overlooked is how an infotainment system affects safety. A troubling report was recently released by the AAA Foundation for Traffic Safety which stated this technology can actually cause more accidents. This may come as a surprise to most people, since new technology is designed to actually reduce the rate of crashes. According to Dr. David Yang of the AAA Foundation for Traffic Safety, certain “in-vehicle technology can create unsafe conditions for drivers on the road by increasing the time they spend with their eyes off the road and hands off the wheel.”

Specifically, infotainment systems that are not properly designed can increase distracted driving. The National Highway Traffic Safety Administration defines distracted driving as “any action that diverts attention from driving,” which includes the following:

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Construction-Site-SmallMarch 18, 2013 was a tragic day for the family of David Priester, Jr. – the 38-year-old Boeing employee fell from an elevated platform at Boeing’s campus and ultimately passed away. In August 2017, his widow got justice from a jury in the form of an $8.8 million verdict against SAR Automation, the company Boeing hired to program the computer that controlled movable sliders on the platform in which Priester fell. Suit was filed against SAR Automation and two other companies. Claims against those companies settled before the trial began.

At trial, it was argued that SAR Automation did not properly program multiple safety features designed to prevent accidents, such as sirens and warning lights. On Priester’s platform, sliders were supposed to be no more than 3 inches from the aircraft at any given time. However, in this particular case, one of the platforms did not extend as it should have, and Priester fell 18 feet through the gap. His eventual death was caused by brain injuries suffered in the fall.

This case highlights many issues in the industrial and construction industries. With workers operating complex machinery, relying on innovative technology, and performing taxing manual labor, they are some of the most dangerous industries worldwide, and those dangers are only exacerbated when an unsafe workplace is provided. While employers must follow state safety regulations and OSHA standards, mistakes do happen. Unfortunately for the injured employee, his or her exclusive remedy against the employer is likely to be workers’ compensation, even if the employer could have been considered negligent in some form or fashion. While workers’ compensation provides valuable medical benefits, wage benefits are awarded at a reduced rate, and non-economic damages like pain and suffering are generally not recoverable. This results in injured employees not being completely made whole after an accident.

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Post-Accident-Car-Large-SmallBeing involved in a car accident is never a pleasant experience. Whether you are sitting still at a red light and get rear-ended, riding on a bus that crashes into another car, or clipped by a car while riding a bicycle, the potential for immediate pain is always there. Many car accident victims in Tennessee require medical assistance at the scene of the crash before being transported to a nearby hospital by ambulance. Severely injured victims may be airlifted. Others will try to deal with the pain on their own before choosing to seek treatment within the next few days. This will likely leave you wondering what exactly you may be entitled to under the law.

An accident can place a victim in a bind. With the cost of medical treatment in the United States continuing to rise, many people simply cannot afford unplanned expenses like these. It becomes even more difficult if the wreck renders the victim unable to work due to constant physical pain. A sudden lack of transportation is another issue altogether. If you were injured in a car accident, you are not alone in wondering about your rights under Tennessee law. Below are elements of damages that may apply to your case:

  • Property damage – If your vehicle was involved in the accident, your vehicle will either be deemed repairable or a total loss. If total loss, the law states you are entitled to fair market value (FMV) at the time of the accident. Other out of pocket expenses can be recovered, such as rental car fees, towing, storage, and damaged personal items.
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ThinkstockPhotos-599896574-SmallA large auto recall is currently underway with General Motors (GM). More than 800,000 trucks are affected across the United States and Canada, including certain 2014 Chevrolet Silverado 1500 and GMC Sierra 1500 trucks. The issue with this recall concerns power steering. These models have been found to suddenly lose power steering with no warning whatsoever to the driver. This is highly dangerous because a sudden loss of power steering could cause a driver to lose control of the vehicle.

Per the National Highway Traffic Safety Administration (NHTSA), the loss of power steering can occur when the vehicle is using certain levels of electrical power. This can be triggered when a vehicle is making a turn at low speed, among other actions. When such power steering problems occur, the driver could lose control of the steering wheel. While the power steering could ultimately return within as little as one second, the short period of time without it could result in a car accident if the driver does lose control of the vehicle. This is what has federal auto regulators worried and prompted the recall.

Per NHTSA guidelines, GM is required to notify all vehicle owners affected by this recall. To see if your vehicle is included, you can visit the NHTSA’s website. Some owners of these vehicles are no stranger to recalls, as these trucks were subject to a 2016 recall involving 3.64 million cars with airbag software problems.