Tennessee good Samaritan law protects those giving aid in an emergency without financial gain and so long as they act in good faith. Good faith generally includes situations where a person holds a reasonable opinion that the immediacy of situations requires them to render aid or care. The law does not define precisely what constitutes an “emergency.” However, in most cases, life-threatening situations fall under that umbrella. The law applies to the general public and certain medical providers providing emergency care at an accident scene.

Good Samaritans often put themselves in precarious positions to provide care, safety, and rescue to those in imminent danger. In some situations, these helpers can sustain serious injuries or even death in their effort to aid another. For instance, national news reports described a tragic accident involving a Tennessee good Samaritan. According to reports, the 22-year-old man was on his way to church when he stopped to help a driver involved in an accident. The man parked his vehicle and approached the car accident victim. While rendering aid, another driver slammed into the man’s unoccupied vehicle, which was pushed into him. Tragically the man died from his injuries, leaving behind a one-month-old daughter and wife.

In cases like this, the victim’s family may pursue a claim against the driver who slammed into his unoccupied car. However, these cases are very fact-specific, and a successful case requires the assistance of an experienced attorney. Moreover, while the law protects good Samaritans from negligence, there are situations where they can be held liable, such as if they acted with gross negligence. Gross negligence generally includes situations where a person knowingly acts with a willful disregard for another’s safety.

Have You Suffered Injuries in a Tennessee Accident?

If you or someone you love has suffered serious injuries or died in a Tennessee car accident, contact the Hartsoe Law Firm. The personal injury lawyers at the firm have extensive experience successfully handling complex Tennessee cases. Our firm represents clients in cases stemming from Tennessee car and other motor vehicle collisions, premises liability, medical malpractice, nursing home negligence, product liability, and wrongful death. Attorney Hartsoe understands the life-changing impact these accidents can have on a person and their family. As such, he works to ensure that his clients secure the compensation they deserve for their trauma and damages. Compensation in these cases typically includes payments for medical expenses, ongoing treatment, psychological care, lost wages, pain and suffering, and reasonable funeral and burial expenses. Contact injury lawyer Hartsoe at (865) 804-1011 to schedule a free initial consultation.

Our Knoxville car accident lawyers want you to realize that even drivers with perfect vision experience a decrease in visibility as the sun sets. The eye works harder because it has less to focus on. Many times, the eye will focus on the glare on the windshield, which can pose serious problems because a driver isn’t getting the full picture. It’s important for drivers to keep scanning their surroundings while driving at night and not to get locked on to one object.

There were more than 4,000 pedestrians killed and another 59,000 injured in traffic-related accidents in the U.S. in 2009. About a quarter of the fatalities occurred between 4 and 8 p.m., while another 13 percent happened between 4 and 8 a.m., according to the National Highway Traffic Safety Administration.

Many drivers have a difficult time adjusting to these new low-light conditions and need to slow down to be able to effectively react to roadways dangers. The darker it is, the less time you have to react to a potential threat or a pedestrian.

Safety tips for motorists to prevent a potentially fatal accident:

-Slow down. Pedestrians are more difficult to spot when it’s dark out.

-Remember that some pedestrians wear headphones during their walk. This can make it more difficult to hear you approaching. Don’t assume they know you’re there.

-Keep your mirrors, windshield and windows clean to help maximize visibility.

-Keep your windshield wiper fluid filled to help clean windows when needed.

Safety tips for pedestrians to prevent a potentially fatal accident:

-You should either carry a flashlight or wear reflective clothing to help to increase your visibility during the evening hours.

-Never depend on traffic lights or signals. Drivers can miss these devices or disregard their instruction, putting you in a dangerous situation. Travel defensively.

-Always cross the road at a crosswalk or a street corner. Never jaywalk or cross in between two parked cars.

-Always use the sidewalk when one’s available. If there’s no sidewalk, then walk on the side of the street facing oncoming traffic.

If you or someone you love has been injured in a car or pedestrian accident in Knoxville or Blount County, contact the personal injury attorneys at Hartsoe Law Firm. For a free appointment call (865) 804-1011.

More Blog Entries:
Increase in Fatal Car Accidents in Tennessee includes more Fatal Pedestrian Accidents>, Tennessee Injury Attorney Blog, February 11, 2011
Pedestrian Accidents a Common Danger in Knoxville and Maryville, Tennessee Injury Attorney Blog, January 8, 2011

Our Tennessee injury attorneys believe that the punishments for these types of accidents are not often tough enough. Currently, the most severe punishment that a driver faces for injuring a bicyclist is a Class C misdemeanor. This is really only for violating a state law that says that motorists must give cyclists a safe passing zone of at least three feet on all roadways. The penalties for a Class C misdemeanor in this case are merely a $50 fine and 30 days behind bars.

But that’s not the case for much longer. A stricter statewide law will be taking effect that will make these incidents a class A misdemeanor. The amended law, sponsored by Sen. Andy Berke, D-Chattanooga, and Rep. Mike Stewart, D-Nashville, would make the penalty for distracted driving accidents that result in bicyclist or pedestrian injury a maximum of a year in jail, a $500 fine and revocation of a driver’s license.

“We’re trying to make sure rules of road apply to everyone whether on a bicycle or in a vehicle,” Berke said.

Accidents that seriously injure or kill a bicyclist or a pedestrian could mean jail time six months, revocation of the violator’s driver’s license for up to six months and a $250 fine. It’s at least a start.

The law was first drafted back in February by Bike Walk Tennessee, a statewide organization advocating for bicyclist and pedestrian rights. The organization started drafting the law after discovering a number of reports of bicyclists and pedestrians who were killed by drivers.

“We’ve seen people get run over and killed with no consequences. This law brings criminal consequences and increases the possibility of having a civil lawsuit as well,” said Caroline Cooley, a Knoxville member of the board of directors for Bike Walk Tennessee.

The law aims to tackle a common excuse of vehicular homicide: “I didn’t see you.”

“I didn’t see you means I took the driver’s course and got my driver’s license but I didn’t understand what the ramifications of getting behind the wheel could really mean,” says Competitive Knoxville bicycle racer Steve Hancock.

After the accident, Hancock spent more than a month in the hospital undergoing physical therapy. He moved back to South Knoxville in June. He spends most of his time in a wheelchair now.

Distraction.gov reports that nearly 5,500 people were killed in the United States in 2009 because of accidents that involved a distracted driver. Another 448,000 people were injured in these incidents. Nearly 20 percent of these accidents reported the use of a cell phone as the main contributor to driver distraction. Motorists who use hand-held devices behind the wheel are four times as likely to get into an accident that causes serious injury.

“Distracted driving is a huge issue these days as we have more and more electronic devices taking up our lives. Motorists need to understand this,” said Kelley Segars, Metropolitan Planning Commission’s bicycling coordinator.

If you or a loved one is injured or killed in a bicycle or pedestrian accident in Tennessee, contact Knoxville Accident Attorney Mark Hartsoe for a confidential appointment to discuss your rights. Call (865) 804-1011.

Additional Resources: The laws of motion: Drivers to face stricter penalties for striking bicyclists, pedestrians, by Suzanna McCloskey, Knox News

More Blog Entries: Increase in Fatal Car Accidents in Tennessee includes more Fatal Pedestrian Accidents, Tennessee Injury Attorney Blog, February 11, 2011 Pedestrian Accidents a Common Danger in Knoxville and Maryville, Tennessee Injury Attorney Blog, January 8, 2011 Knoxville Car Accidents, Tennessee Pedestrian Accidents a Risk With Early Darkness, Tennessee Injury Attorney Blog, November 13, 2010

Authorities are particularly concerned about a significant increase in the number of Tennessee pedestrian accidents. A Knoxville personal injury lawyer can help protect your rights in the wake of a serious or fatal car accident in Maryville, Knoxville or elsewhere in Tennessee. The number of serious and fatal accidents have begun to trend upward in the Midwest in response to the improving economy.

The number of motorists killed on Tennessee roads increased last year to 1,030, from the 986 reported in 2009.

“It is important that we remain vigilant in protecting our roadways and reducing fatal and injury crashes in Tennessee,” said Department of Safety and Homeland Security Commissioner Bill Gibbons. “Safer highways and byways is one of our top priorities. With enforcement initiatives to detect and remove impaired drivers from the roadways to education programs that focus on increasing safety belt usage, the Highway Patrol is making every effort to ensure the public’s safety and to save lives.”

Even with the increase, Tennessee posted the second-lowest number of deaths since 1963. Since 2004, traffic fatalities have declined by 23 percent, including a 45 percent reduction in ATV accidents, a 56 percent reduction in Tennessee bicycle accidents and a 48 percent reduction in Tennessee trucking crashes.

“There are some positive trends developing with fewer fatalities in several areas, including a decrease in fatal crashes involving a teen driver which dropped by over 50 percent since 1999,” said THP Colonel Tracy Trott. “Our goal, with the support of local law enforcement agencies and highway safety advocates, is to continue making a positive impact on Tennessee roads.”

Drunk driving crashes in Tennessee have also decline, while seat belt usage has improved significantly since enactment of the state’s primary enforcement law. A total of 303 fatalities were the result of drunk driving crashes in Tennessee last year.

“Unfortunately, far too many Tennesseans get behind the wheel of a car under the influence of alcohol and too many people still do not buckle up,” said THP Colonel Tracy Trott. “There are no excuses. Drinking and driving is a crime, and wearing your seat belt takes two seconds and is the single most effective way to protect you in a crash. State Troopers are committed to enforcing the law and educating motorists, one stop at a time.”

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

Our pedestrian accident attorneys in Knoxville and Maryville know such accidents frequently cause serious or fatal injuries each year and could be prevented by better design, and drivers who show pedestrians and bicyclists the proper respect on the road.

Transportation for America posted a study on preventable pedestrian deaths due to dangerous roads. Each year, almost 5,000 people die an avoidable death due to injuries sustained in a pedestrian accident. In 2007-08, more than 40% of pedestrians who were fatally injured were in an area where no crosswalk was accessible.

The passage of SAFETEA-LU in 2005 brought over 30% increases to federal transportation funding to states. Yet, no state spends more than 5% of federal funds available to enhance crosswalks, sidewalks, multi-use paths, or other features aimed at reducing the risks of pedestrian or bicycle accidents.

Memphis ranked in the top 5 most dangerous metropolitan areas for walking in 2007-08. Tennessee as a whole reported a total of 134 pedestrian fatalities in 2007-08 according to the Transportation for America study.

In 2007-08, the pedestrian danger index (a formula using the average fatality rate and the amount of pedestrians who walk to work) showed a higher risk of walking in most metropolitan areas than the national average at 52.1. Some of the named cities and rankings in the index were: Knoxville (54.5), Nashville (70.2), and Memphis (137.7). Tennessee reported 1.08 pedestrian fatalities per 100,000 people in 2007-08, while the U.S. average was 1.53.

It is alarming to see how little money was spent in 2005-2008 on pedestrian projects when compared to the federal funding that was available. The study reported that Tennessee spent 2.4% of the $2.45 billion available for pedestrian safety during this time frame. This equates to about $2.37 per person.

Moving forward, the study suggests holding states more accountable for improvements.

-Local governments need to ensure new roadways are designed with safety for pedestrian, bicyclists, and drivers in mind.

-Federal funding should be spent on saving lives as well as getting everyone more active.

-Unsafe roadways should be redesigned so that they are fit to accommodate walkers or bicyclists.

Accidents happen but preventable deaths are inexcusable no matter how you try to justify them.

If you have been injured in a car or pedestrian accident in Knoxville or Blount County, contact the personal injury attorneys at Hartsoe Law Firm. For a free appointment call (865) 804-1011.

The National Highway Traffic Safety Administration warns that dark commutes increase the risk of accidents as the clocks go back an hour and the seasons change. About 40 percent of all fatal pedestrian accidents occur around dusk or dawn — with 1 in 4 fatalities occurring between the hours of 4 and 8 p.m.

Cites across the nation are struggling with the issue of pedestrian safety — Nashville just conducted a week-long awareness campaign in September. As residents have turned to walking in greater numbers — whether for recreation, fitness or economics — the risk of serious or fatal accidents continues to climb.

The government reports that a pedestrian is killed in a traffic accident every two hours and someone is injured every 8 minutes. In 2008, a total of 4,378 pedestrians were killed and more than 69,000 were injured. Tennessee pedestrian accidents killed 60 people that year.

The government offers the following safety tips for pedestrians and motorists: Motorists -Slow down. Darkness increases reaction time. -Don’t assume a pedestrian can hear you. -Keep windshield and mirrors clean and in good repair. Make sure windshield fluid is full and that wipers and defrosters are working properly.

Pedestrians -Carry a flashlight and use reflective tape or wear reflective clothing. -Don’t depend on traffic signals to keep you safe. -Avoid jaywalking. Don’t cross between parked cars. -Walk facing traffic. -Use sidewalks whenever possible.

If you or a loved one is injured or killed in a vehicle or pedestrian accident in Tennessee, contact Knoxville Accident Attorney Mark Hartsoe for a confidential appointment to discuss your rights. Call (865) 804-1011.