Articles Posted in Auto Accident

Published on:

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.

Published on:

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.

Published on:

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:

Published on:

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.

Published on:

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.
Published on:

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.

Published on:

Did you know that you could be entitled to workers’ compensation benefits in Mississippi while injured on the job, even if you are found to be at fault for speeding during an automobile accident? In a June 2016 decision (affirmed in July 2017) from the Mississippi Court of Appeals, a police officer for the City of Jackson was injured while speeding and on his way to an emergency call. His employer, the City, alleged that he was acting with a “willful intent to injure” himself, and based on this intent, that he should not be permitted to make a claim for workers’ compensation benefits. The case is City of Jackson v. Kearney Brown, No. 2016-WC-01164-COA.

The Mississippi Court of Appeals disagreed with the employer, stating that in the 10-0 decision mentioned above, that the police officer was entitled to benefits, regardless of his disputed fault. Workers’ compensation laws in the State of Mississippi cover injured workers who receive injuries by way of an accident arising out of the course and scope of their employment. However, workers’ compensation benefits will not be paid to an injured worker if they were injured by their willful intent. This test for willfulness is based on intent and whether the facts of the claim support a willful intent to injure oneself.

The attorneys for the employer above tried to argue that the police officer intentionally injured himself, which meant he should not be paid benefits owed to him pursuant to Mississippi law. The facts presented by the employee showed that he was injured by an accident, and therefore, he was entitled to his benefits.

Published on:

Driver fatigue is a widespread issue across the country. Research shows that drivers who are fatigued tend to exhibit many of the same side effects as drunk drivers – delayed reaction times, impaired judgment, and lapses in concentration, just to name a few. What has recently come to light is a troubling trend – Uber drivers working dangerously long shifts. According to USA Today, an Uber driver in Utah drove for 20 consecutive hours on at least one occasion last year to take advantage of a sudden spike in the hourly rate he could earn. Situations like this are occurring across the country. Uber drivers in the Seattle area are reported to work in excess of 16 consecutive hours.

As of this time, Uber does not cap the number of consecutive hours that its drivers can work. While the Federal Motor Carrier Safety Administration (FMCSA) limits passenger-carrying vehicles to 10 hours of driving following 8 consecutive hours off duty, Uber vehicles do not fall under the definition of passenger-carrying vehicles. Thus, drivers would not be subject to federal hours-of-service guidelines. Lyft, on the other hand, has been reported to shut down its app after a driver has been logged on for 14 hours and will not let that user log back on until 6 hours after that.

According to Uber, only 7% of drivers work in excess of 50 hours per week. Further, Uber claims that it recognizes the dangers of drowsy driving, investigates instances of driver misconduct, and takes appropriate action when necessary.

Published on:

ThinkstockPhotos-525489094-MediumThe time between Memorial Day and Labor Day is often referred to as the “100 deadliest days of summer” around the Knoxville area. When the school year ends, more teenagers are out on the road during summer, either enjoying their time off or driving to and from summer jobs. In fact, AAA estimates that fatal teen accidents increase by 15% during the summer months. Leading causes of those wrecks are speeding, distracted driving, and not using seatbelts.

Teen driving is not just an issue in Knox County. Nationwide, motor vehicle wrecks are the leading cause of death for teens, according to the Centers for Disease Control and Prevention (CDC). Data shows that on average, approximately 6 teens between the ages of 16-19 are killed each day as a result of a car accident.  Further, teens in that age range are nearly 3 times as likely to be involved in a fatal wreck than drivers who are 20 years old or older.

When discussing a link between teenage driving and car accidents, the CDC lists eight “danger zones.” They include the following:

Published on:

Millennials, those born between the early 1980s and early 2000s, are often stereotyped as a lot of things: entitled, sensitive, idealistic. Some people even blame a number of society’s problems squarely on millennials. While many of these perceptions are generally untrue, one fact is concerning: millennial drivers display riskier and more erratic driving behavior than other demographics.

A study conducted by the American Automobile Association (AAA) presented evidence that drivers between the ages of 19 and 24 display far more risky driving behavior than adults and senior citizens. The study found that roughly 88% of the 2,511 licensed drivers surveyed displayed at least one risky driving behavior in the last month. Risky driving behavior, as defined by the AAA, included speeding, disobeying traffic signals, and using a cell phone. Millennials acknowledged texting while driving at nearly twice the rate of other drivers, and nearly half of the individuals surveyed reported running a red light, even if they could have stopped the vehicle safely.

Not surprisingly, the study fits with findings of a 7% increase in accident fatalities from 2015 to 2016. This increase follows a tragic trend in the frequency of traffic-related fatalities, which legislators throughout the country, at the federal, state, and local levels, are keenly aware of. Many states rely on marketing campaigns to increase awareness of ways to prevent fatal car accidents. For example, entities like the Tennessee Department of Transportation and Mississippi Department of Transportation routinely publish car wreck statistics on their websites to ensure citizens are informed about motor vehicle-related dangers.