Articles Posted in Truck Accidents

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.

 

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:

Sleepy drivers pose a hazard on Tennessee roadways, not only to themselves put also to others using the roadway.  Drowsy drivers pose a risk to drivers of cars, trucks, motorcycles, bicycles and even pedestrians on Tennessee roads.

Drowsy drivers cause 2.5% of fatal motor vehicle crashes and 2.0% of all crashes, according to a study conducted by the National Highway Traffic Safety Administration (NHTSA).  Techniques to stay awake while driving, such as turning up the radio, opening the window, and turning up the air conditioner, have not been found to be an effective way of preventing crashes.

A recent study by the Centers for Disease Control (CDC) included a survey of drivers in 19 states and the District of Columbia.  In this study, 4.2% of drivers admitted to falling asleep while driving in the last 30 days.   Sleepy driving decreased with age.  The participating state with the highest percentage of people who admitted to falling asleep while driving was Texas (6.1%). Persons who reported snoring or usually sleeping ≤6 hours per day were more likely to report falling asleep while driving.

As lawyers who have represented people in Tennessee truck and car accidents for over thirty years, we cannot over-emphasize the need to seek prompt medical attention for injuries received in auto and truck accidents.

Here is the problem:  if you delay seeking medical attention, the at-fault driver’s insurance company will argue that you were not hurt, that your injuries were not serious, or that your complaints are related to something other than the motor vehicle accident.  

There is a tendency for good people NOT to seek medical attention promptly, out of fear that they will be deemed whiners.  This thought process, while admirable, actually works against a person when they later try to resolve a personal injury claim.

Tennessee law offers special protections to  pedestrians who are injured while crossing a Nashville street or highway within a crosswalk.  

Ordinarily, people within the crosswalk have the right-of-way, and  the operator of an automobile, truck, or other vehicle must yield the right-of-way.  Of course, a pedestrian cannot suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.  

Tennessee law also provides that whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.  This law also protects pedestrians from injury.

As a Tennessee personal injury lawyer, I receive at least one call every week from a potential personal injury client who has waiting too long to hire a lawyer to get help with filing a lawsuit.  Recently, I had calls from three people in one week who called me too late for help.

There are lots of reasons you should call a lawyer quickly after a Tennessee auto accident or other event in which the negligence of another resulted in a serious injury, but one reason for prompt action is the delay can make it impossible to hire a lawyer who can help you.  

Why do people wait to hire a lawyer?   Some people think that they can resolve the personal injury case on their own, without any legal advice.  Of course, sometimes that is true:  a lay person may be able to settle a personal injury case without the assistance of a lawyer.  For instance, car accident cases that involve only property damage, or that involve one trip to the emergency room and no other medical treatment frequently can be resolved without the help of a lawyer.

A person who suffers an injury in Tennessee automobile or truck accident as a result of the negligence of another person has a right to recover damages for their injuries.  As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident  injury victim can recover damages for the following:

  • medical expenses
  • lost wages
  • pain 
  • suffering 
  • disfigurement 
  • disability
  • loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for 

As Tennessee personal injury lawyers, we spend of time listening to our clients explain about injuries they received in car wrecks, truck accidents, and lots of other situations.  One frequent question we are asked is whether the insurance company defending the case will be able to explore the client’s medical history.

A person’s medical history is important in any case in which he or she is claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act.  The medical history establishes the baseline of the person’s physical or psychological well being before the injury. Tennessee law requires medical evidence to show that a negligent act caused an injury, so a medical history can establish the lack of any prior problem that our client complains was caused in a car wreck or other event.

Tennessee law provides that you may not recover damages for physical and mental suffering from prior medical problems or medical care to treat those pre-existing problems.  However, when a preexisting condition is made worse y the wrongful act of another person byou can recover damages for the worsening of the condition. Your medical history will be important to proving this claim – your lawyer will have to show what the condition was before you were injured and, with the assistance of testimony from a doctor, how the injury made that condition worse.

I remain amazed at people of means who do not maintain sufficient liability insurance on their vehicles and homes.

The most frequent problem we see is with middle-income people who are driving around with "25 / 50" or "50 / 100" liability insurance policies on their cars.  A "25 / 50" policy is one which provides a negligent driver with insurance protection of $25,000 for any one person they hurt or kill in an accident, up to a total of $50,000 for all persons hurt or killed in an accident.  A "50/100" policy, provides a negligent driver with up to  $50,000 worth of insurance protection for any one person they hurt or kill in an accident, up to a total of $100,000 for all persons hurt or killed.

If there is insufficient insurance to pay the damages caused, the driver is personally responsible for the balance of the damages.  Thus, if a negligent driver with a "25 / 50" liability insurance policy on his car causes injuries to another person worth $50,000, the negligent driver is responsible for the $25,000 his insurance company does not pay.

 The Law Offices of John Day, P.C. has recently updated its website to share more information about Tennessee truck accidents with those injured as a result of truck driver or trucking company negligence.

The following links will guide you to information about trucking accidents and your legal rights.

It is essential to remember that a victim of a truck accident must act quickly to protect his or her legal rights.  Tennessee law proviides that cases arisisng out of truck wrecks must be filed within one year of the date of the incident, but more prompt action is required because important evidence is often lost in the days following the accident.  

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