As in other types of negligence lawsuits, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant breached a legal duty that was owed to him or her and that this breach of duty was the proximate cause of damages complained of by the plaintiff.

Facts of the Case

In a recent case, the plaintiff was the surviving spouse of a motorcyclist who was killed when his motorcycle collided with a sport utility vehicle in 2016. At the time of the crash, the SUV driver was turning left into a truck stop. The plaintiff filed suit against the driver of the SUV and the owners of the truck stop, seeking to recover damages for her husband’s wrongful death. According to the plaintiff, the truck stop owners were negligent in failing to place a visible sign directing the plaintiff to the proper entrance for passenger vehicles (the SUV driver was turning into an entrance intended for semi-trailer trucks, not passenger vehicles; the plaintiff averred that the truck entrance had a much more limited view of oncoming traffic).

The trial court dismissed the plaintiff’s complaint against the truck stop owners, holding that they owed no duty to the traveling public to provide signs directing drivers into or out of their place of business.

Decision of the Court

The plaintiff argued on appeal that the trial court had been in error in holding that the defendant truck stop owners owed no legal duty to her. Rather, the plaintiff argued that the truck stop owners had created a hazardous condition by failing to place a prominent and clearly visible sign at the truck entrance and that this created an unreasonable and foreseeable risk of harm.

Because the court of appeals believed that a balancing test was required in order to determine whether the truck stop owner owed a duty to the plaintiff’s husband under the circumstances, it agreed that the trial court had been wrong to dismiss the case on summary judgment. Because dismissal of the complaint had been premature, the appellate court reversed the lower court’s decision and remanded the case to the trial court for further proceedings. According to the court, the plaintiff had posed a question of law that could not be determined “at this stage” of the proceedings.

Schedule an Appointment with a Seasoned Tennessee Truck Accident Attorney

Accidents involving motorcycles tend to be much more serious, and all too often fatal, as compared to other motor vehicle collisions. If you have been hurt or lost a loved one due to motorcycle accident caused by another’s negligence, the Hartsoe Law Firm, P.C., can help. To schedule a free consultation with a helpful east Tennessee motorcycle accident attorney, call us at (865) 804-1011. We have offices in both Knoxville and Maryville. Please do not delay in seeking legal advice, as claims not filed by the statute of limitations will likely be dismissed regardless of their merits.

Related Blog Post Sevierville Man Killed, Knoxville Woman Hurt in Negligent Motorcycle Wreck on Chapman Highway Court of Appeals of Tennessee, at Knoxville Does Not Allow a Remittitur of 70% or More in Motorcycle Accident Case

Following the traffic wreck, the man was transported to the University of Tennessee Medical Center, where he was pronounced deceased. His passenger was treated for non-fatal injuries at the same hospital. The 60-year-old SUV driver and her 64-year-old passenger were not injured in the collision. Although Knoxville police reportedly do not believe drugs or alcohol played a role in the deadly motorcycle wreck, evidence gathered during the accident investigation will apparently be forwarded to the Knox County district attorney’s office to determine whether criminal charges against the driver of the SUV are merited.

Both the deceased man and his passenger were reportedly wearing a motorcycle helmet at the time of the fatal crash. According to the nation’s Centers for Disease Control and Prevention (CDC), safety helmets prevent about 37 percent of traffic accident deaths among motorcycle drivers and 41 percent of motorcycle passenger fatalities across the United States each year. The State of Tennessee enacted a universal helmet law in 1967. This means all drivers and passengers in our state are required to wear a safety helmet when traveling on a motorcycle. The CDC estimates that the lives of about 46 out of every 100,000 registered motorcycle riders in Tennessee in 2010 were saved by wearing a helmet. In addition, helmet use saved the state approximately $94 million in economic costs during the same year. Overall, CDC data states Tennessee is sixth in the nation for lives and economic costs saved as a result of motorcycle helmet use.

Since motorcycles offer a rider little protection from impact, such accidents are normally serious or fatal. Overall, 134 motorcycle deaths occurred across the State of Tennessee in 2013. Last year, there were 96 motorcycle collisions in Blount County, 94 in Knox County, and 49 in Sevier County. Sadly, the victim of a motorcycle collision may suffer a traumatic head injury, paralysis, broken bones, lacerations, soft tissue harm, wrongful death, and other injuries. If you were hurt or lost a treasured loved one in a motorcycle wreck that was caused by someone else’s negligence, you may be entitled to recover damages for your lost earnings, pain and suffering, temporary or permanent disability, medical bills, your relative’s funeral expenses, and more. An experienced personal injury lawyer can discuss your right to compensation with you in greater detail.

The knowledgeable attorneys at the Hartsoe Law Firm, P.C. provide quality legal representation to injured clients in Knoxville and across Eastern Tennessee. To speak with a seasoned lawyer about your motorcycle accident or other personal injury case, do not hesitate to call the Hartsoe Law Firm, P.C. at (865) 804-1011 or contact us through our website.

Additional Resources: U-turn on Chapman Highway kills motorcyclist, by Don Jacobs, Knoxville News Sentinel Related Blog Posts: Knoxville Court Refuses to Exclude Physician’s Expert Testimony in Premises Liability Case: Starnes v. Wal-Mart Stores East, LP, August 6, 2014, Knoxville Injury Lawyer Blog

Knoxville Court Sides With Insurer in Wrongful Death Case: Tennessee Farmers Mutual Insurance Company v. Simmons, July 30, 2014, Knoxville Injury Lawyer Blog

Vehicle-to-vehicle (“V2V”) communications moved one step closer to becoming a part of our daily lives as the National Highway Traffic Safety Administration recently released plans to discuss making V2V communications mandatory on all newly manufactured vehicles. V2V communication systems are complex traffic networks made up of vehicle and roadside devices transmitting data back and forth — an internet for cars.

V2V systems are superior to other warning systems because they do not have to compute and predict another vehicle’s trajectory or speed. However, any workable V2V system requires other vehicles on the road to also have a V2V system operating on the same network protocol. The proposed mandate helps overcome this obstacle. In any case, even with a mandate, it could be decades before the V2V systems have any utility as the average turn-over rate for new cars ranges from 15 to 25 years.

V2V systems have been called game changers. Rae Tyson, an NHTSA spokesman, believes 95% of all car crashes are due to human error. A recent article in the Knoxville News Sentinel reported that V2V systems could prevent 80% of all non-impaired driving accidents. If these predictions are accurate, the number of accidents prevented could be in the millions.

The NHTSA proposal has not come without criticism. During a Senate hearing on the future of V2V systems, Senator John Rockefeller of West Virginia asked the important question, “can some 14-year old in Indonesia figure out how to do this and just shut your car down … because everything is now wired up?” As the NHTSA opens up to public comment, issues of privacy and security will probably be in the forefront.

Another interesting aspect to contemplate is how V2V systems will change the personal injury legal field. The implementation of the smart phones gave rise to a whole new set of laws and cases surrounding distracted drivers. If the predictions about reducing accidents come true, cases may shift from negligence to products liability. V2V systems, like any other car product, will come with their own manufacturing errors and design flaws. According to the NHTSA, auto manufacturers filed over 650 safety recalls in 2012 affecting more than 17.8 million vehicles.

Other legal issues may arise. Will drivers be lulled into a false sense of security? People may drive less defensively if they become reliant on their car’s warning system presenting a problem when pedestrians, bikers, and other vehicles do not transmit V2V signals. V2V systems might create a new set of car accident defenses like false positives.

One can almost foresee the courtroom arguments. Is ignoring a V2V warning a breach of the duty of care or is the warning a mere suggestion? Drivers might not be aware of another car’s defensive actions and may begin ignoring the warning system. Currently, how many drivers ignore stop signs or do not follow the two second rule when following other vehicles?

As car accident lawyers, we see the suffering that car accident victims face everyday, and we like to keep abreast of any development that claims to make the roads safer. We will be watching the introduction of V2V systems and keep you updated.

In the meantime, drivers still drive negligently and accidents still happen. Our job is to make sure our clients get adequate compensation for their injuries. If you or a loved one have been injured by the negligent driving of another, speak with a local motorcycle and car accident lawyer with the experience to get you the compensation you deserve.

If you have been the victim of a car accident, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: U.S. Department of Transportation Announces Decision to Move Forward with Vehicle-to-Vehicle Communication Technology for Light Vehicles , Feb. 3, 2014, National Highway Traffic Safety Administration’s Website

Car-to-car talk: Hey, look out for that collision!, Feb. 3, 2014, Knoxville News Sentinel

More Blog Entries: Why Knoxville or Maryville Accident Victims Should Consider Speaking with an Attorney — Al-Athari V. Gamboa and Morgan Southern, Inc., Jan. 15, 2014, Knoxville Injury Lawyer Blog

Tire Maintenance & Summertime Traffic Accidents in Tennessee, Jul. 31, 2013, Knoxville Injury Lawyer Blog

In making a plaintiff whole, it can be difficult to put a dollar figure on things like “pain and suffering” and “loss of enjoyment of life.” Speaking with an experienced personal injury lawyer can help you fully identify and understand your injuries and the damages you can claim. Fully understanding damages can help a lawyer turn a small claim into a substantial recovery.

Reduction of Award — Remittitur There are several Tennessee laws and statutes that outline, define, and limit the amount of damages a plaintiff may receive. Sometimes the jury award may be deemed too much by the trial judge. Tennessee Code Annotated § 102 (“§ 102”) sets the rules for trial judges lowering the amount of damages, which is called a remittitur. The remedy of remittitur is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or appeal.

Adams v. Leamon Recently in Adams v. Leamon, the Tennessee Court of Appeals at Knoxville ruled that a remittitur of 70%, while curing an excessive award, would not be permitted. In Adams v. Leamon, the plaintiff, a Mr. Adams, was riding his motorcycle when his motorcycle collided with another vehicle being driven by the defendant, Ms. Leamon. The plaintiff sought damages for injuries suffered in the collision.

The jury found the defendant to be 60% at fault for the accident, and they awarded the plaintiff a total award of $317,000 in damages. Ms. Leamon’s 60% allocation came to $190,000. Leamon filed a motion requesting either a remittitur or a new trial, claiming the damages were excessive. The trial judge found that the award for future pain and suffering and future loss of enjoyment of life were not supported by the evidence. The judge reduced these amounts to $25,000. This reduced the total award to $90,320.50, with Leamon’s allocation then being $54,192.10.

Court’s Decision The appellate court utilized Tennessee’s three step review to determine the adequacy of the remittitur:

1. Examining the reasons for the trial court’s action since adjustments are proper only when the court disagrees with the amount of the verdict;
2. Examining the amount of the suggested adjustment since adjustments that totally destroy the jury’s verdict are impermissible;
3. Finally, reviewing the proof of damages to determine whether the evidence preponderates against the trial court’s adjustment.

1. Examining Reasons for the Trial Court’s Adjustment The court observed that the particular damage categories of “future pain and suffering” and “future loss of enjoyment of life” were non-economic damages. In reviewing non-economic damages, the court will examine the amount based upon a subjective element of the community involved. The plaintiff in Adams v. Leamon did continue to experience pain and weakness; however, he was still able to work and perform most household tasks. His only loss of enjoyment seemed to be his inability to enjoy his favorite hobby, riding motorcycles. His medical expenses only amounted to $14,731.00, and yet the award for future pain and suffering and future loss of enjoyment of life totalled $276,680.50 ($120,476.00 + $156,204.50). Given these facts, the court held that the evidence did not preponderate against a ruling of remittitur.

2. Totally Destroy Jury’s Verdict The court noted that the trial judge’s reduction of the verdict from $317,000.00 to $90,320.50 amounted to a 71.5 percent reduction. The court recognized a reluctance to set a numerical standard. However, the court cited several cases where the adjustment of more than 70% was held to be “so large as to destroy the jury’s verdict.” The court held that the remittitur destroyed the jury’s verdict and remanded the case back to the trial court for a new trial to determine damages.

The court did not examine the third leg of review for remittitur since the destruction of the jury verdict did not necessitate it. Understanding damages and jury awards is critical to a case. If you have been injured by the negligence of another, it is recommended you speak with an attorney who can get you the compensation you deserve.

If you or someone you love has been the victim of car accident, you may be able to pursue remedies in a civil lawsuit. Please contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: Adams v. Leamon, Nov. 25, 2013, Supreme Court of Tennessee

Remittitur, Wikipedia

Annual Statistical Report, Jan. 2013, Tennessee State Courts

More Blog Entries: Why Knoxville or Maryville Accident Victims Should Consider Speaking with an Attorney — Al-Athari V. Gamboa and Morgan Southern, Inc., Jan 15, 2013, Knoxville Injury Lawyer Blog

Mills v. Fulmarque Illustrates Time Limitations in Knoxville Injury Claims, Mar. 28, 2012, Knoxville Injury Lawyer Blog

On the 20th of October, a local Maryville woman, driving a 2005 Harley Davidson, died following a motorcycle accident at the intersection of Bessemer Street and McCammon Avenue in Alcoe. This is a dangerous intersection in Alcoe because there is oncoming traffic from both directions. Knoxville News, reported that the motorcycle had been headed eastbound on Bessemer Street when the driver of a 1998 Ford F150 pick-up Truck pulled in to the intersection from McCammon Avenue. The driver of the pick-up failed to yield to oncoming traffic causing the Harley Davidson to run into the truck. Officers do not believe drugs or alcohol were involved. According to reports, the sun may have blinded the truck driver causing the driver to not see the Harley Davidson. The motorcycle driver was wearing a helmet; however, sadly, she was killed immediately.

The motorcycle fatalities from traffic accidents reached record levels in 2012. A Governors Highway Safety Association has reported that motorcyclist traffic fatalities have increased in the United States by 9 percent in 2012. From 1997 to 2011, motorcycle fatalities from vehicle accidents have more than doubled nationally from 2,116 to 4,612 while the total fatalities from all traffic accidents have dropped 23%. When a motorcycle driver is injured or killed in a traffic accident, in order to bring a negligence lawsuit, the motorcycle driver will have to show that the vehicle driver breached a standard of care. The motorcycle driver will have to prove that a reasonably prudent person would not have acted in the same way.

Specifically, in a negligence claim, the motorcycle driver has to prove: 1. the other driver had a duty to exercise reasonable care 2. the other driver’s conduct breached the duty of care; the conduct is in comparison to a reasonable prudent person 3. the other driver caused the accident 4. the motorcycle driver suffered some injury or loss

It is important to pursue a tort action as soon as possiblbe. Under Tennessee law, the statute of limitations for a tort action is one year.

Usually with motorcycle accidents, the fault lies with the driver of a motor vehicle. Many motorcycle accidents, like the one in the article, happen when another vehicles drives into the right of way of the motorcyclist causing the bike to hit the vehicle. Many vehicle drivers do not see or recognize motorcycles on the road. In the current article, the driver of the pick-up truck may have been blinded by the sun. In this kind of case, the motorcycle driver will also have to show that the driver of the vehicle did not exercise reasonable care when driving into the sun.

In the current article, the motorcycle driver was wearing a helmet. However, a motorcycle accident where a rider does not wear a helmet may complicate their negligence case. Tennessee is a modified comparative fault state, which means that a motorcycle victim can only recover damages if a judge or jury determines that motorcycle rider was not more than 50% at fault. The absence of a helmet may go towards the motorcyclist’s fault. Without a helmet, the motorcycle accident victim will have to prove that they would have received the same injuries even if they had worn a helmet. It should also be noted that, it is required by law in Tennessee to wear a helmet when riding a motorcycle.

A motorcyclist in an accident may bring a suit against another driver; however, insurance companies are usually brought into the case. When it comes to insurance claims Tennessee is an at-fault state. What that means is that the motorcycle driver will be required to prove the vehicle driver was at fault. This seems to be common sense, but at-fault states can clog the legal systems since there is no incentive to not go to court. In no-fault states, the driver of the vehicle will automatically be required to pay for damages unless the damages cross a certain threshold. But, since Tennessee is an at-fault state, a motorcycle accident victim will have to prove the driver was at fault.

Since motorcycle accidents are tragic and frequent, online news sources often report motorcycle accidents like the one in Alcoe. If you or a loved one has been the victim of a motorcycle accident an experienced motorcycle accident attorney will be able to gather evidence related to the accident and can review all the elements of the case. You are encouraged to contact a local personal injury attorney with experience handling these cases.

If you have been involved in a vehicle accident, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: Motorcyclist Traffic Fatalities by State: 2012 Preliminary Data, Apr. 2013 Governors Highway Safety Association

Motorcycle Safety, 2012, Governor’s Highway Safety Office

More Blog Entries: Knoxville Motorcycle Crash Awareness Underscored in May, May 22, 2013, Knoxville Injury Lawyer Blog

New Statistics Reveal More Car Accidents in Tennessee than Last Year, Dec. 18, 2011, Knoxville Injury Lawyer Blog

Our Knoxville motorcycle accident attorneys know that most catastrophic injuries sustained by motorcycle riders are the result of other drivers failing to be cautious.

One of the most common statements investigators hear after a motorcycle crash is, “But I didn’t see him.” It’s not that these folks are lying. They probably really didn’t see the motorcyclist – because they weren’t looking.

May is national Motorcycle Safety Awareness Month, with drivers of cars, trucks and buses reminded that sharing the road means looking twice.

So far this year, there have been 19 motorcyclists killed in Tennessee, with Maryville and Clarksville having the highest rates.

The Tennessee Department of Safety reports that motorcycle crashes have been increasing annually for more than a decade, despite marked decreases regarding other types of crashes.

In Knox County, the number of motorcycle licenses has increased by an average of 5.4 percent each year since 2004, with more than 20,000 people in the county currently holding a motorcycle license.

Along with that, the number of motorcycle crashes has skyrocketed, from 2,300 in 2004 to more than 3,250 in 2008 – a 42 percent increase. The state sees between 140 to 150 motorcycle deaths each year and more than 2,500 injuries. This is despite the fact that we’ve seen a huge spike in the number of motorcyclists wearing helmets. Just 10 percent of the motorcyclists killed in Tennessee between 1999 and 2008 weren’t wearing helmets.

Knox County has a crash rate of 10 per 1,000 motorcycle license endorsements, ranking it 34th out of the 95 counties in the state.

In terms of the deadliest months for motorcycle crashes, summer is unquestionably the leader, with fatalities beginning to spike in May and tapering off in September. That’s why May is an especially appropriate time to highlight awareness.

Motorcyclists comprise nearly 15 percent of all highway deaths, even though the number of motorcycle registrations represent just 3 percent of all the vehicles on the road.

And when we look at it on a per-vehicle-miles-traveled basis, motorcyclists are 30 times more likely than operators of four-wheeled vehicles to be killed in a crash and five times more likely to suffer a serious injury.

To help reduce these figures, the NHTSA recommends the following action by fellow motorists:

• Don’t drive distracted or drunk.
• Allow motorcyclists a full lane width.
• Always use your turn signals before you merge or change lanes or turn.
• Check your blind spots before changing lanes or merging.
• Bear in mind that even a few raindrops can pose a significant hazard to motorcyclists. Be especially courteous of them in inclement weather.
• Allow yourself more of a distance when you are behind a motorcycle so that he or she can navigate a safe stop or quick maneuver in an emergency.

If you are involved in a motorcycle accident in Tennessee, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: NHTSA Reminds Motorists to Safely ‘Share the Road’ with Motorcyclists, May 6, 2013, National Highway Traffic Safety Administration

The checkpoint on U.S. highway 129, resulted in 17 citations. Fifteen officers worked the checkpoint, which saw more than 200 vehicles in about two hours. As authorities work to reduce the risk of Tennessee drunk driving accidents, they found themselves monitoring the start of motorcycle riding season.

Knoxville motorcycle accident attorneys know May is motorcycle safety and awareness month. But that doesn’t mean thousands of riders aren’t already hit the streets following the unusually mild northern winter. Motorists are reminded to look twice and save a life as the spring and summer riding season gets under way.

Eight riders at Saturday’s checkpoint were given citations for wearing non-compliant helmets, which means they were not approved by the Tennessee Department of Transportation. Helmetcheck.org is a resource riders can use to help ensure they are wearing an approved helmet; the DOT or Snell sticker should also be located on the inside or outside of the helmet.

The truth is that the vast majority of riders are safety conscious, and all too aware of the risks inherent in riding a motorcycle. The National Highway Traffic Safety Administration reports more than 4,000 riders a year are killed and nearly 100,000 are seriously injured in riding accidents.

About 100 riders a year are killed in motorcycle accidents in Tennessee.

And in more than half of all fatal accidents involving another vehicle, the driver of the other vehicle is at fault. Failure to yield and turning left in front of a rider is the most common cause of serious and fatal motorcycle accidents.

The Motorcycle Safety Foundation offers 10 Tips every car and truck driver should know about motorcycles:

-Look for motorcycles, particularly at intersections.

-A motorcycle’s size may mean it is closer than it appears. Speed can also be difficult to judge. When pulling into traffic, whether at an intersection or from a private drive, assume the rider is closer than he looks.

-Blind spots can hide motorcycles. So can obstacles like bushes, fences and parked cars. Take a moment to check thoroughly.

-A motorcycle’s small size makes it look fast; don’t assume a rider is speeding.

-Brake lights don’t always activate when a rider is slowing — bikes can be slowed by rolling out of the throttle and down shifting. Allow plenty of following distance.

-Turn signals on motorcycle’s don’t shut off on their own. Therefore they can be left on accidentally. Make sure of a rider’s intentions before proceeding.

-A motorcycle is entitled to it’s own lane of travel, and may move around in that lane to avoid debris, for better visibility or for other reasons. Don’t crowd a rider.

-While a motorcycle can be quite maneuverable, don’t expect a rider to be able to dodge out of the way.

-Motorcycles can be slow to stop, particularly on wet or slippery pavement.

-Think of a motorcycle in motion as a person.

If you need to speak to a Knoxville injury lawyer or Maryville accident attorney, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights. Call (865) 804-1011.

Additional Resources

Non-complaints motorcycle helmets nets highest number of citations during sobriety checkpoint, by J.J. Kindred, The Daily Times.

Those against the bill say wearing a helmet dramatically curbs the risk of serious injury in the event of a Knoxville motorcycle accident. Proponents of the bill, meanwhile, believe that the decision about whether to wear a helmet should be a personal one, not dictated by politicians.

Knoxville personal injury attorneys know this much: Whether the motorcycle is wearing a helmet holds no bearing on the liability of the other party in the event of a crash. What that means is that if you are involved in a crash, regardless of whether you are wearing a helmet, you can still move for legal action against the at-fault driver of the other vehicle. An experienced attorney can help you weigh all the options.

Still, the helmet issue was one that both sides were quite passionate about.

The Motorcyclist Liberty Restoration Act would have ended the requirement for riders over the age of 21 to wear a helmet in the state of Tennessee.

On the one hand, you had Libertarians, who viewed the issue as one of civil freedoms.

Rep. Glen Casada, R-Williamson County, was one of the bill’s co-sponsors. He was quoted as saying that government should not serve as mother and father to its citizens. The mandate that all motorcyclists wear helmets was taking things one step too far.

In repealing the law, supporters said it would boost the state’s tourism numbers, as more riders would begin flocking to the state.

On the other side, you have safety advocates, who said that helmet laws helped taxpayers avoid millions of dollars in expenses when riders suffered serious and long-lasting injuries. One study analyzed helmet use in states that had repealed their helmet requirement laws. They found that helmet use did indeed decline, and the number of motorcycle fatalities rose by some 30 percent.

Dr. Blaine Enderson of the University of Tennessee Medical Center, recently wrote an editorial that appeared in The Tennessean. He said that while he supported personal freedom of choice, motorcyclists don’t live in a bubble, and the choice of whether to wear a helmet is one that could affect their family, their employer and the community at-large.

A spokeswoman for the Tennessee Nurses Association was quoted by the local press as saying the issue is no different than laws that require vehicle occupants to wear seat belts.

Using this comparison, our Tennessee injury attorneys would note that just because a person isn’t wearing a seat belt at the time of a crash, it doesn’t release the other at-fault driver from being held legally accountable. It’s the same with motorcycle riders.

The truth of the matter is, the majority of motorcycle accidents are caused by drivers who either aren’t paying attention or aren’t being respectful of these two-wheeled vehicles sharing the roadway. In these cases, it’s important to have an experienced attorney who will fight to win you the compensation you deserve.

If you or a loved one is injured or killed in Knoxville motorcycle accident, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.

Additional Resources: Latest effort to end TN helmet law fails, The Associated Press

More Blog Entries: Greg Hardy Misses Carolina Panthers’ Training Camp after Tennessee Motorcycle Accident

In 2010, there were roughly 33,000 people who died in traffic accidents in the country. Yes, this is a decrease from the previous year, but there are a number of accident categories that saw a significant increase during this time.

The NHTSA recently released the 2010 Motor Vehicle Crashes Overview, which details accident statistics from the previous year. This is the most up-to-date information available on traffic accidents in the country. While the number of traffic fatalities decreased nationwide, the number of injuries in fact increased. Broken down into categories, the number of fatalities among large truck occupants, van occupants, bicyclists, pedestrians and motorcyclists actually increased.

Our Maryville car accident attorneys understand that the reduction in traffic-accident fatalities may be short lived. The number of fatalities witnessed during the last part of 2010 illustrated a significant increase. Safe driving experts expect this trend to continue as the economy grows stronger. With a more steady economy, residents feel more confident in getting out and traveling. An increase in traffic equates to an increase in your risks for an accident.

The NHTSA is doing more to specify the types of accidents we see on our roadways. With the release of this year’s report, the NHTSA introduced two new measures, the “distraction-affected crashes” and the “alcohol-impaired driving crashes.”

-Distraction-affected crashes: This measure is used as a way for the Administration to collect more data regarding the contributions of distractions in a traffic accident. The new measure is being used to zoom in on traffic accidents in which a driver was believed to have been distracted at the wheel during the accident. These types of accidents took the lives of roughly 3,100 people throughout the year.

-Alcohol-impaired driving crashes: This new measure is used to examine traffic accidents in which alcohol was most likely the cause. This measure allows researchers to look closer at accidents in which a driver had a blood alcohol level (BAC) of .08 or above, the legal limit for each state.

“We recognize our responsibility to improve our understanding of the dangers that continue to threaten drivers and passengers,” said NHTSA Administrator David Strickland.

Increases in traffic fatalities were witnessed by:

-Large truck occupants

-Motorcyclists

-Occupants of vans

-Pedestrians

-Bicyclists

-Urban-area traffic accidents

-The state of Tennessee. 2009: 986 fatalities. 2010: 1,031 fatalities.

Despite the recent announcement of a decrease in the national traffic accident fatality number, we’d like to point out that 20 states experienced increases. Drivers are urged to remain cautious and alert on our roadways. As motorists flock to our roadways during the holiday season, there will be more dangers lurking than ever. Drive defensively and alertly to avoid an accident. Have a Happy Holiday and New Year!

If you, a family member or a loved one has been injured in a traffic accident in Knoxville or in any of the surrounding areas, contact the Hartsoe Law Firm. For a free appointment call (865) 804-1011.

More Blog Entries: USDOT Promoting “OMG” Campaign to Halt Distraction-Related Car Accidents in Tennessee, Nation, Tennessee Injury Attorney Blog, December 10, 2011 Car Accident in Tennessee Kills 1, Injures 16, Involves 176 Vehicles, Tennessee Injury Attorney Blog, December 2, 2011

The accident happen when Hardy was heading east on Interstate 40 and slammed into the vehicle traveling in front of him causing him to lose control of his bike. The collision caused his bike to roll several times before coming to a rest on the shoulder. He has been charged with driving without a license, failure to exercise due care, following too closely and failure to yield.

Our Knoxville motorcycle accident attorneys recognize that the number of motorcycle accidents in our state continues to increase. Unfortunately, the rate of injury also continues to grow. These riders are often overlooked by passenger-vehicle motorists on our roadways. The lack of understanding regarding the functions of motorcycles leaves the two-wheeled motorists at great risks for a deadly accident.

Between the years of 2004 and 2008, motorcycle accidents in the state of Tennessee rose by a yearly average of 9.2 percent. Since 1999, motorcycle accident deaths increased by more than 145 percent.

Here are the yearly increases, according to the Tennessee Department of Safety:

-2003: 90 deaths: a 20.0 percent increase from 2002.

-2004: 97 deaths: a 7.8 percent increase.

-2005: 129 deaths: a 33 percent increase.

-2006: 141 deaths: 9.3 percent increase.

-2007: 149 deaths: 5.7 percent increase.

You may think that motorcycles are more vulnerable to traffic accidents during the evening hours, but the truth is that nearly 75 of motorcycle accidents in Tennessee happened during daylight hours.

The Tennessee Department of Safety offers these safety tips to help passenger-vehicle motorists avoid an accident with a motorcycle:

-Stay out of their lane. Motorcyclists need a full lane and enough space to respond to a number of roadway hazards and they need to have full visibility of the area around them.

-Check your vehicle’s blind spots. Many accidents occur because vehicles don’t check these areas where motorcyclists can get lost.

-Always make use of your turn signal. Making your maneuvers known will help them to anticipate traffic flow.

-Lookout at intersections. Nearly 70 percent of accidents that involved a car and a motorcycle happened when a car turned in front of a motorcyclist.

-Don’t follow too closely. You should allow at least a four-second following distance between your car and a motorcycle. Give them extra space in bad weather.

If you or a loved one is injured or killed in an accident in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.

Additional Resources: DE Hardy injured in bike wreck, by Joseph Person, The Charlotte Observer

More Blog Entries: Motorcyclist Run Over and Killed in Tennessee Trucking Accident, Tennessee Injury Attorney Blog, August 10, 2011 Man Killed in Maryville Motorcycle Accident, Tennessee Injury Attorney Blog, June 12, 2011 Tennessee Car Accidents, Bicycle Accidents, Motorcycle Accidents a Memorial Day Concern, Tennessee Injury Attorney Blog, May 25, 2011

According to the Blount County Sheriff’s Office, the motorcyclist was traveling north on the road when he rear-ended a pickup truck that was pulling off of Wells Road. He was reportedly wearing a state-approved helmet, but it flew off from the impact of the accident.

Our Maryville motorcycle accident attorneys recognize the dangers that motorcyclists face on our roadways. Motorcycle riders are much more likely to sustain serious injuries or die in these accidents than the occupants of the passenger vehicles. Motor-vehicle drivers are asked to practice extra caution when sharing the roads with these bikes, especially during the summer when the warm weather attracts motorcyclists from across the state.

The driver was taken to the University of Tennessee Medical Center, where he was pronounced dead.

The 23-year-old pickup driver denied medical attention at the scene of the accident. Officers report that he was not wearing his seat belt.

The Sheriff’s Office Traffic Safety Unit is investigating the accident.

According to the National Highway Traffic Safety Administration, 2009 illustrated the first decease in fatal motorcycle accidents since 1997. It was also the first year that the number of motorcycle accident injuries decreased since 1999.

Still, 2009 saw nearly 5,500 motorcyclist fatalities because of roadway crashes. Another 90,000 motorcyclists sustained injuries throughout the year.

In 2008, a motorcyclist was nearly 40 times more likely than a passenger vehicle occupant to die in a motor-vehicle accident based on miles traveled. Motorcyclists were also nine times more likely to be injured in a crash.

In the last 10 years, motorcyclists 40 and older saw the largest increase in the number of fatalities. During the same time, those with an engine size 1,000 cc and above also had the greatest increase in deaths. Motorists are urged to follow these tips to help keep our motorcyclists safe on the road: -Double check your blind spots. These are the areas where a motorcyclist is most likely to get lost from your line of vision.

-Always assume that a motorcycle is closer than it appears. Because of their small size, they sometimes seem farther away than they really are.

-Avoid tailgating.

-Don’t depend on a bike’s brake lights. Motorcyclists often downshift to slow down. This does not activate their brake lights.

-Allow a motorcyclist the entire lane. Riders are likely to zig-zag within a lane to avoid road debris or wind from passing vehicles.

If you or a loved one is injured or killed in a motorcycle accident in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.

More Blog Entries: Tennessee Car Accidents, Bicycle Accidents, Motorcycle Accidents a Memorial Day Concern, Tennessee Injury Attorney Blog, May 25, 2011 Awareness Month Aims for Fewer Motorcycle Accidents in Tennessee, Tennessee Injury Attorney Blog, May 12, 2011

The National Highway Traffic Safety Administration will once again be running their “Click It or Ticket” campaign over the weekend. The campaign officially begins before Memorial Day and runs well into the month of June. The “Click It or Ticket” campaign has been proven to be one of the most successful seat belt enforcement campaigns ever. It currently holds the highest national seat belt usage rates – nearly 90 percent. Law enforcement will be practicing their zero-tolerance enforcement efforts of all seat belt laws across the country throughout the campaign.

Our Maryville injury lawyers urge all motorists to be extra careful on the road this Memorial Day holiday weekend as the number of fatal accidents continue to spike during this time of the year, every year. The National Safety Council estimates that the United States will see more than 400 traffic accident fatalities and another 39,400 injuries requiring medical attention over the upcoming holiday weekend.

The NSC also put out estimates predicting that more than 300 people may survive the Memorial Day holiday weekend because of wearing their seat belts. They also estimate that another 103 lives could be saved if everyone wore their seat belts.

Every Memorial Day holiday weekend over the last six years has seen an increase of more than 12 percent in fatal traffic accidents in comparison to other non-holiday periods.

Tennessee will be taking a different, but equally effective, route to improve roadway safety. The Tennessee Department of Safety and Homeland Security sought to raise awareness of motorcycle riders and bicyclists though the “Share the Road” campaign, which takes place through the entire month of May.

“As the weather improves, more motorcyclists and bicyclists are traveling on local and state roadways,” said Department of Safety and Homeland Security Commissioner Bill Gibbons. “This festival is essential in educating motorists on the how-to’s of sharing the road and reminding motorcyclists to become properly trained before hitting the highway. Our collective goal is to keep all cyclists safe.”

Earlier this week, riders from all over the state descended on Nashville to join together to enjoy the annual rider festival. This festival offered a bike show, the Police Rodeo Riders, a Tennessee Highway Patrol Motor Unit demo and a Stunt Riders demonstration.

“While motorists are cautioned to look out for motorcyclists or bicyclists, the riders should also help make themselves visible by wearing bright colors and using reflective tape,” stated GHSO Director Kendell Poole. “Our priority is to increase safe riding between all road users and motorcyclists in an effort to reduce the number of fatalities on Tennessee highways.”

The United States saw a decrease in motorcycle fatalities for the first time since 1997. Tennessee was not so fortunate as we saw an increase of 16 motorcycle rider fatalities from 2009 to 2010.

“It is imperative that motorcyclists educate themselves by taking an accredited training course and never ride beyond their skill ability,” said John Milliken, Program Coordinator for the Motorcycle Rider Education Program (MREP). “They are much more vulnerable than passenger vehicle occupants. The proper knowledge, training and protective wear will help make motorcyclists safer and more effective on the roads.”

The TDOS offers these tips to motorcycle rider to help preserve their safety when traveling our roadways:

-Be sure you’re always wearing your protective gear. This includes your boots, pants, helmet, headlight and your eye wear.

-Always ride within your limits. Don’t attempt riding conditions that are above your level of riding. Adjust to weather conditions.

-Make sure you’re properly trained. It is encouraged that motorcyclists complete an annual training course. This will also help to keep a motorist up to date with current laws.

-Watch your lane position and avoid tailgating other vehicles. Always be ready for the expected. Avoid sharing lanes, especially when riding in groups.

-Stay out of blind spots. These areas make motorcyclists the most vulnerable to an accident and serious injury.

-Never drink and drive. Riding your motorcycle requires great skill and attention. Consuming alcohol and jumping on your bike greatly slows your reaction time and ability.

-Remember, Tennessee law requires that the more than 300,000 Tennessee riders and their passengers to wear approved helmets and protective eyewear.

If you or a loved one is injured or killed in an accident in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.