Articles Posted in Automobile Accidents

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As a Nashville and Tennessee automobile accident attorney, one question that I am frequently asked is what happens when the person who causes the motor vehicle does not have any liability insurance. Here is the answer?

1.  First, don’t assume that there is no liability insurance just because the driver did not have proof of insurance in his or her vehicle at the time of the accident.  In Tennessee you are supposed to have proof of insurance present when you drive (most of us keep a card mailed to us by our insurer in the glove compartment of the vehicle) but some people forget to do so or do not replace an expired card with a new card.  So, even if the police officer investigating the crash reports that the at-fault driver did not have proof of insurance, it is possible that the driver had liability insurance in place at the time of the crash.

2.  It is possible that some other person (other than the driver of the car or the owner of the car) is responsible for the crash.  For example, on several occasions we have discovered that an uninsured driver was running an errand for his employer at the time of the crash.  Under Tennessee law, the employer is responsible for the crash if the employee was engaged in an activity that was furthering the employer’s business interest at the time of the crash.  This is true even if the employee was using the employee’s personal vehicle.   From time to time there are others who contributed to cause the crash, such as  the bar who served too much alcohol to the at-fault driver, a defect in the roadway; an unsafe or defective vehicle, and in appropriate cases those options need to be investigated as well.

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Distracted driving is taking lives on our highways, and this study takes a look at what is taking the attenion of drivers away from the road.

According to police report data analyzed by Erie Insurance, a automobility liability insurer, of the more than 65,000 people killed in car crashes over the past two years, one in 10 were in crashes where at least one of the drivers was distracted. the data comes from the Fatality Analysis Reporting System (FARS)  maintained by the National Highway Traffic Safety Administration.

Rank Distraction Type Percentage of
Distracted Drivers
1 Generally distracted or “lost in thought” (daydreaming) 62%
2 Cell phone use (talking, listening, dialing, texting) 12%
3 Outside person, object or event, such as rubbernecking 7%
4 Other occupants (talking with or looking at other people in car) 5%
5 Using or reaching for device brought into vehicle, such as navigational device, headphones 2%
6 Eating or drinking 2%
7 Adjusting audio or climate controls 2%
8 Using other device/controls integral to vehicle, such as adjusting rear view mirrors, seats, or using OEM navigation system 1%
9 Moving object in vehicle, such as pet or insect 1%
10 Smoking related (includes smoking, lighting up, putting ashes in ashtray) 1%

 

The numbers are probably conservative (that is, under-reported) because many people are reluctant to admit that they were distracted immediately before the crash.

The study did not look at the number of injuried caused by distracted driving, but instead looked only at deaths.

 

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From time to time we are asked to represent people who are injured in a car accident but were driving illegally at the time of the wreck, that is, they did not have a valid license to operate a car or truck on Tennessee roads.  These people are obviously concerned that their failure to have a driver’s license will affect their ability to recover damages for the personal injury car accident that was not their fault.

Tennessee law provides that the failure to have a driver’s license does not affect a person’s right to recover compensation in a car or truck accident that was not the driver’s fault.  I am not saying that you should drive without a valid license, or if you have a restricted license that you should drive outside the proper scope of the restrictions.  It is important to follow the law.  My only point is that if you make a mistake and drive without a valid license or outside the scope of a restricted license and end up in an car or truck accident that is not your fault current law says that your mistake cannot be used against you.

Despite this law, I can envision several circumstances in which the failure to have a valid license at the time of the wreck might become relevant in a car, so I encourage you to tell your lawyer the truth about the status of your license during your initial meeting with the lawyer.

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As a Tennessee automobile accident attorney for over three decades, I have seen lots of incidents where cell phone use (either for calls or texting) causes car wrecks.  This study from the West Virginia School of Public Health puts numbers to our experience.

The study finds that in 2003, cell phone use by vehicle operators was estimated to cause more than 300,000 total injuries annually, 2,600 of which resulted in fatalities. The numbers increased 22 percent between 2005 and 2009. The authors of the study believe that the problem is expected to worsen in coming years, despite efforts to curtail distracted driving.

The bottom line is this:  don’t text and drive.  And, if you must use a cell phone while driving (and a teenager never should) make sure you use a hands-free option and then only when traffic conditions permit you to do so safely.

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The Tennessee Administrative Office of the Courts  has released information about Tennessee personal injury and Tennessee wrongful death cases filed and tried  in Clarksville and Montgomery County, Tennessee for the year ended June 30, 2012:

Here is the data;

  • Total personal injury and wrongful death cases filed in court: – 281
  • Total personal injury and wrongful death cases resolved in court – 283
  • Total number of cases going to trial – 12
  • Total number of jury trials – 4
  • Total number of non-jury trials – 8
  • Total number of cases in which damages were awarded 2 (17%)
  • Total number of cases where damages awarded was between $1 and $99,999 – 1
  • Total number of cases where damages awarded was between $100,000 and $999,99 – 1
  • Total number of cases where damages awarded exceeded $1,000,000 – 0
  • Total damages awarded in all cases – $126,126
  • Average damages awarded – $63,063

The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Montgomery County was much lower than the statewide-average.

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If you received a summons and complaint (the documents which initiate a civil lawsuit in Tennessee) you need to immediately notify your insurance company that you have been sued.  If you have already reported the claim, the insurance company will already have told you to whom  you should send the papers.  If you have not reported the claim, call your insurance agent and tell them that you have been sued.  The agent will tell you what to do with the papers.

Your insurance company will hire you a lawyer who will defend you.  If you don’t hear from the lawyer within 20 days of the time you contact the insurance company, call the insurance company (or agent) again and let them know you have not heard from the lawyer.

 To understand more about the litigation process, read our Legal Guide called "Understanding the Steps in the Civil Litigation Process."

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Deaths on Tennessee roads increased in 2012 over a year earlier.  Here is some of the key statistics as gathered by the Tennessee Department of Safety:

  • Total fatalities – 1022, up 85 from 2011
  • Teen driver involved in death – 115
  • Senior driver involved in death – 190
  • Rural deaths – 542
  • Urban deaths – 480
  • Pedestrians – 67
  • Large Truck Involved – 102
  • Bus Involved – 8
  • Motorcyclists – 139
  • ATV rider – 10 

Is this number of deaths an anomaly?  Unfortunately, it appears that they are not.  The death rate for January 2013 is 6 people higher than it was in January 2012.

Don’t become a statistic.  Wear a seat belt.  Don’t drink and drive.  Don’t text and drive.  Drive defensively.  Stay within the speed limit, reducing your speed in when required by traffic or weather.

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A shocking number of pedestrians – 67 – died in Tennessee accidents in 2012, according to a report prepared by the Tennessee Highway Patrol that gave details on the number of motor vehicle accident deaths in Tennessee for the entire year.

Although the law protects pedestrians who cross the street in crosswalks, every adult pedestrian has the legal responsibility to exercise care for his or her safety.  Likewise, drivers have the responsibility to be on the lookout for pedestrians and to exercise reasonable care to avoid striking them.

How can pedestrians avoid becoming injured or killed by motor vehicles?  Follow these tips:

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Seventy-nine (79) more people died on Tennessee highways in 2012 than the total deaths reported in 2011, according to figures released by the Tennessee Highway Patrol.

Some 1016 people died on Tennessee highways in 2012, compared with 937 deaths in 2011.

Here are more statistics from the Tennessee Highway Patrol’s report:

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