Articles Posted in Car Accidents

Those busted for texting while driving could soon pay more for car insurance.

Our Knoxville personal injury lawyers understand distracted driving is responsible for a significant portion of traffic crashes. The U.S. Department of Transportation estimates drivers using a hand-held cell phone are 4 times more likely to be involved in an accident; those texting behind the wheel face a 23-times greater risk of an injury crash.

Tennessee’s distracted driving law makes it a primary offense to text while driving — meaning you can be pulled over and cited. Drivers under the age of 18 are banned from all hand-held cell phone use behind the wheel.

FOX Business reports insurance companies are moving quickly to use such citations as a reason to increase the cost of your car-insurance policy. The industry already uses a wide variety of moving violations to rate a driver’s risk. A DUI conviction, for example, can double or even triple the cost of auto insurance. Under Tennessee’s driver’s license points system, drivers also accumulate points for various moving violations, which in turn can result in a premium increase.

Speeding citations are 1-8 points depending on how far over the limit a driver was traveling; reckless driving is six points; driving with a canceled license or fleeing a law enforcement officer will result in 8 points. Anyone accumulating 12 or more points faces a suspended license, in addition to whatever penalties may be assessed upon conviction for the underlying charge.

The state’s distracted-driving law, which passed earlier this year, makes distracted driving a non-moving violation for which no points are assigned. However, that doesn’t mean your insurance company will not raise your rates.

When it comes to texting drivers, the insurance industry is pushing hard for tougher sanctions. However, enforcement challenges continue to exist in states like Tennessee, where a hybrid law permits some drivers to continue to use cell phones. Frequently, the officer cannot determine whether a motorist is texting or dialing a phone. A motorist’s age is also difficult to determine when an officer is faced with whether to stop a suspected minor for a cell-phone violation.

The Governors Highway Safety Association reports Tennessee is one of about two dozen states that have such mixed laws on the books; 10 states now ban all drivers from using a hand-held cell phone. In an effort aimed at developing effective enforcement measures, the National Highway Traffic Safety Administration announced last month it would spend $550,000 to fund two pilot-enforcement programs in Connecticut and Massachusetts.

“These two new demonstration programs will help identify real-world protocols and practices to better detect if a person is texting while driving,” said NHTSA Administrator David Strickland.

Education campaigns and high-visibility enforcement campaigns will be conducted for 24 months and the results will be shared with states facing similar enforcement challenges.

The bottom line is cell phone use while driving is dangerous — particularly if a driver is text messaging. If you can’t stop reaching for your phone, the insurance industry will have you reaching for your wallet.
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When we turn the clocks back an hour Sunday Nov. 4, it will signal the final turn toward autumn and the deadliest two months of the year on our nation’s roads.

Our Knoxville injury lawyers note the nation is already dealing with an uptick in the number of fatal accidents after several years of decline attributed to the poor economy. The National Safety Council reports 21,560 motorists were killed through August this year — up 7 percent from the 20,200 deaths reported last year.

The number of fatal Tennessee traffic accidents increased more than 10 percent — to 693 this year, compared to 629 last year.

Common Factors in Autumn Traffic Accidents

Early Dark: The end of Daylight Savings Time often plunges the evening commute into darkness. This can increase the risk of all types of accidents, including bicycle and pedestrian crashes and those caused by drowsy driving.

Deer Accidents: Tennessee can expect more than 24,000 motorists to collide with a deer this year, according to the annual report released each fall by State Farm. The average motorist has a 1 in 183 chance of striking a deer in Tennessee, which ranks the state 29th. More than 1.2 million of these crashes occur annually and about 200 are fatal. Serious and fatal crashes involving deer typically result when a motorist loses control of the vehicle and drives off the road or into oncoming traffic. November is the deadliest month, followed by October and December.

Pedestrian Accidents: Back-to-school and early dark both increase the risks for pedestrian accidents. Parking lot accidents are also prevalent through the busy upcoming holiday shopping season. Elderly consumers and children are most at risk.

Drunk Driving Accidents: One-third of the nation’s traffic fatalities involve a driver under the influence of alcohol or drugs. That means about 2,000 people will be killed by a drunk driver through the last two months of the year. However, the real number is likely to be even higher, as pro and college football season and the trio of year-end holidays increase the number of drunk drivers on the road.

Aggressive Driving: Fewer than 60 shopping days left until Christmas! Stressed yet? We all face additional pressure through the holidays. How we handle it is a major determining factor in our risks of being involved in an accident. Speeding, disobeying traffic control devices, driving too fast for conditions and tailgating are all driving behaviors that increase risk. Give yourself a break this holiday season — and give the drivers around you a break.

Bad Weather: Now is the time to have your vehicle serviced. Check your tires, your battery and your fluid levels. Being prepared for inclement weather is the first step in reducing the risk of a serious or fatal accident.
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When we purchase uninsured or underinsured (UM/UIM) motorist coverage, we expect our insurance company will be there in the event we are in an accident with a motorist who does not have car insurance or whose policy limits are not sufficient enough to cover the damages suffered.

However, personal injury lawyers understand recovering from your own insurance policy is often no easier than recovering damages from the at-fault driver’s insurance policy. When you make a claim, you and your insurance company are in adversarial roles. And, unfortunately, that frequently means you cannot count on being treated fairly without the help of an experienced law firm.

Tennessee law requires motorists carry a minimum of $25,000 personal injury coverage per person ($50,000 per accident) and $15,000 for property damage per accident. Unfortunately, even when a motorist carries legal minimums, this coverage is often inadequate in the event of an accident. Think of the cost of one new vehicle and compare that to the $15,000 in total coverage, and you begin to see our state minimums are woefully outdated.

That makes UM/UIM coverage even more important. And motorists should purchase as much coverage as they can reasonably afford. Frequently $250,000 in coverage is available for as little as $75 every six months. This coverage will be a critical resource in the event that you or a family member is involved in a serious or fatal accident.

Whether you have an experienced attorney in the aftermath of such an accident, and how a lawsuit is filed, will also have an impact on the outcome. In August, the Tennessee Supreme Court ruled in Garrison v. Bickford that the “bodily injury” clause of a motorist’s UM coverage did not include “emotional distress.”

In this case, Jerry and Martha Garrison sued the driver for wrongful death and negligent infliction of emotional distress after their son was struck and killed while riding a minibike near his home. They also served the lawsuit on State Farm, their own insurance company, under their uninsured motorist policy.

The trial court determined “bodily injury” included mental injuries. However, that decision was reversed by an appeals court and upheld by the state Supreme Court, which found “bodily injury” in this case, and under this policy, did not include “emotional harm.” The court also found the policy’s definition of “bodily injury” did not conflict with the state’s uninsured motorist statute.

The at-fault driver’s insurer paid $25,000 for wrongful death and $25,000 for emotional distress. The parent’s insurer paid $75,000 for wrongful death but refused to pay the emotional distress claim, taking the case all the way to the state’s high court, where it ultimately prevailed.

You’ll note the couple’s UM coverage paid more than the at-fault driver’s coverage. But it certainly wasn’t paid voluntarily by the couple’s insurer. Instead the family had to fight for it in the midst of dealing with this terrible tragedy.
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Two motorists were killed this week in a tragic accident involving a tractor-trailer, a highway patrol cruiser and a TDOT truck.

The accident in Bradley County occurred shortly before 3:30 a.m. Monday just north of the Charleston exit on 75. A road worker and the driver of the semi were killed.

Knoxville car accident lawyers understand that the fall season brings a confluence of risk to Tennessee and the Great Smoky Mountain Nation Park region. Road crews are racing to get work completed before cold weather; school buses are back on the road; leaf-peepers will fill lodges and cabins through the busy autumn tourist season; and even as it gets darker earlier we are feeling that autumn chill in the air that signals the beginning of cold winter weather.

Organizations like the National Safety Council are already reporting the number of serious and fatal accidents has increased nationwide with the economic recovery. Through July, more than 20,000 motorists were killed on the nation’s roads this year — up nearly eight percent from last year. Tennessee is not bucking the trend, unfortunately, and the last three months of the year are typically the most dangerous.

Interstate 75 was closed for more than eight hours after the crash. Authorities say a 53-year-old Grainger County man was driving a semi load of live chickens through a marked construction zone when he slammed into a truck from the Tennessee Department of Transportation. The truck driver and a 28-year-old construction worker from Ohio were killed. The trucks also struck a trooper’s cruiser, sending him to the hospital.

“They’re risking their lives every day just doing their jobs and it’s sobering,” Jennifer Flynn, a TDOT spokesperson, told NBC3 News in Chattanooga.

TDOT said it is trying to do as much work as possible either at night or during other off-peak hours. And safety advocates are reminding motorists to obey the state’s Move Over Law (T.C.A. 55-8-132).

-Motorists are required to move over and/or slow down when approaching a stopped emergency vehicle at the side of the road when emergency lights are activated. The law gives equal protection to recovery vehicles, highway maintenance vehicles and tow trucks.

-Violation is a Class B misdemeanor, which is a fairly serious charge punishable by up to 30 days in jail and a $500 fine.

-Motorists may also face substantial fines for speeding in a marked road construction zone.

Speeds through such projects are lowered to give drivers and road crews more time to react. One such project here in Knoxville is the widening of State Route 62/Western Avenue, which started in 2010 and is not slated for completion until 12/31/2013, according to the Tennessee Department of Transportation. Two lanes of traffic are being maintained (one in each direction) and the speed limit has been reduced to 40 mph. The Knoxville Police Department monitors traffic through the construction site.

The Centers for Disease Control and Prevention reports about 700 people are killed in highway construction zones each year. In 2008, a total of 11 people were killed in work-zone accidents in Tennessee.
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The law governing work-related injuries is very complicated and can be confusing. It is challenging to understand what to apply for and with whom. When you are injured and need medical attention, navigating through all of the rules can be disheartening. If you are confused about the benefits you are entitled to, you can very easily make a mistake that can leave you without the help you need. A Knoxville injury attorney can ensure your rights are protected in the wake of an accident.

The First Circuit Court of Appeals decided a case where there was confusion about whether an injured worker could collect from both Worker’s Compensation and their employer’s insurance company. In this case it was held that a Massachusetts person could not recover for work related injuries under both Worker’s Compensation and an employer’s uninsured/ under-insured motorist (UIM) insurance coverage. However, the court created an exception for when the employer “explicitly purchased” the UIM coverage with the intention of protecting their employees. Baker v. St. Paul Travelers Ins. Co.

Essentially, the court said that UIM coverage in the case of a work-related injury is dependent on the employer’s intent when purchasing the insurance coverage. If the employer’s reason for purchasing the UIM coverage was to protect their employee in the case of injury during work, then the employee can recover from both Worker’s Compensation and the employers UIM insurance carrier. However, if the employer did not intend for their employees to be covered or even if the employer did not think about coverage for their employees then the employee cannot recover benefits from both their state Worker’s Compensation and their employers UIM insurance carrier. There is only a tiny distinction between instances where you can collect from both and instances where you can not. While this particular court ruling does not apply in Tennessee, it illustrates the complexities involved in seeking justice after a serious or fatal accident.

The decision in Baker arose in 2002 when Heidi Baker, who was employed by Safety Source Northeast (Safety), was severely injured in an automobile accident that caused by a third party while she was doing her job. Baker first applied for and collected Workman’s Compensation benefits. These benefits were not enough to cover her bills so she later applied for benefits under the UIM provision of the commercial automobile insurance policy her employer had with St. Paul Travelers Insurance Company (St. Paul). Unfortunately, Baker was not aware of the benefits she was entitled to and she was left without the recovery she needed to pay for the cost and expenses incurred because of her injury.

MA law says that a person cannot file claims under both Worker’s Compensation and an employer’s UIM insurance coverage except when an employer “explicitly purchased” the UIM coverage to protecting their employees. In this case, the President of Safety testified that was is solely in charge of purchasing commercial automobile insurance for the company, yet he was “unaware” of the UIM coverage under the Safety policy.

Through this testimony the court determined that the employer did not have the intent to protect their employees with this insurance, and therefore Baker was left without this assistance. The insurance company won this case and it was decided that the victim could not receive benefits from both Worker’s Compensation and her employer’s insurance policy.

In cases of work-related injuries the guidance of an experienced and trustworthy attorney is invaluable. Medical costs are high and the cost of a work-related injury can seriously impact your life. The application process and receipt of benefits can be confusing, and it can be difficult to determine what assistance you are entitled to. Especially when driving is a job duty, employees need to be aware of their employer’s insurance coverage and how it applies to them. Additionally, there are even some states, such as MS, that have laws that limit your recovery. If you are ever involved in a job related injury you must know your state Workman’s Compensation law and the rules governing your insurance policy before you enter a claim. When leaving these concerns to a dedicated attorney, you can concentrate on getting better.
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A local driver is counting his blessings today! He was able to avoid a potentially fatal car accident in West Knoxville when he escaped his truck just after it got stuck on the train tracks. After he made it out safely, the vehicle was hit by a 33-car CSX Corp. freight train. The accident happened near on Jackson Road, near Amherst.

“He wasn’t trying to beat the train, he just got stuck there on the tracks,” said Knoxville Fire Department spokesman Capt. D.J. Corcoran.

Train tracks are the location of numerous fatal car accidents. In these situations, motorists often stand little to no chance surviving the impact of an oncoming train. Our Tennessee car accident attorneys ask that all residents be cautious when traveling near trains and their tracks. While you may think you’d be able to see a train coming and escape its path, that’s not always the case. Some statistics conclude that a train and a car collide every 12 minutes in the U.S. This means that about 9,570 train accidents happened in 2009. Of these accidents, it’s estimated that nearly 650 people were killed and another 6,670 people were injured. More than 95 percent of these accidents happened at rail-highway intersections and in trespassing instances.

Neither the truck driver nor the operator of the train involved in the West Knoxville train-truck accident is facing any charges, according to Knox News.

According to Knoxville Police Department spokesman Darrell DeBusk, the flatbed truck was carrying an earth mover. It was heading southbound on Jackson when it was struck. The train was heading eastbound and unable to stop before hitting the truck.

The driver of the flatbed truck said he heard the warning bells and saw the railroad crossing arm descending. At that point, he jumped out of his vehicle. He said there was no other choice. The company owning the flatbed called its hazardous materials team to the scene of the accident for cleanup. After the collision, diesel fuel leaked out onto the tracks and the roadway. The train was carrying ethanol and butane. Thankfully, the cars carrying these materials were further back and not affected by the crash.

In the state of Tennessee there are nearly 2,820 public at-grade railroad crossings. To help to reduce the risks of motor-vehicle accidents in these locations, the Tennessee Department of Transportation previously launched a safety campaign. This safety campaign consists of posters and billboards scattered throughout areas near high traffic railroad crossings. These signs are to remind pedestrians and drivers to be alert near crossings and railroad tracks.

In 2009 and 2010, there were nearly 100 train-vehicle accidents in the state of Tennessee. In these accidents, five people died and more than 25 were injured.

Drivers are asked to use caution near all train tracks, but especially at ones near rail-highway intersections. Never attempt to cross train tracks unless you’re sure you can make it all the way across. If you see a train coming, stop a significant distance from the tracks to avoid a collision. Turn your radio down when approaching these areas so that you can hear your surroundings, too. Accidents with trains are highly preventable with the proper safety precautions. Be careful out there and stay alert.
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Are you an aggressive driver?

Most would answer “no” to that question. And yet the AAA Foundation for Traffic Safety estimates more than half of all accidents are caused by some form of aggressive driving. An experienced Knoxville injury lawyer can thoroughly review the facts and circumstances of your accident.

We recently reported on our Tennessee Injury Attorney Blog about the importance of conducting a through investigation into the facts and circumstances of a trucking accident. Doing so for a serious auto accident is no less important. Motorists should take pictures at the scene, and collect the names and contact information of any witnesses. Inspecting the damaged vehicles may also be important. In some instances evidence uncovered may include cell phone use, or that a driver was eating, applying makeup or otherwise distracted.

When we discuss aggressive driving, most people think of road rage, or other instances of assault or near assault. Those may even result in criminal charges. But aggressive driving has evolved to include a wide range of behaviors that show disregard for the safety of other motorists on the road. More than 90 percent of motorists view it as a serious threat to traffic safety.

They just do it anyway. Driving behaviors that may characterize dangerous or aggressive driving include:

• Speeding
• Red light running
• Drowsy driving
• Distracted driving
• Drunk driving
• Tailgating
• Failure to use signal
• Failure to yield
• Failure to make a complete stop
• Failure to obey traffic control device

All of these behaviors go toward proving negligence in a personal injury or wrongful death claim. Few “accidents” are truly “accidental.” Modifying driver behavior is the only thing that will significantly reduce accident rates. Start with your behavior. As we reported in December, the number of fatal Tennessee car accidents has increased as the economy has continued to improve.

And, while an increasing number of states are putting emphasis on passing distracted-driving laws, enforcement is another matter entirely.

Tennessee now has one of the most comprehensive text-message bans in the nation, according to the Governors Highway Safety Association. Primary enforcement permits law enforcement to stop a motorist caught text messaging, even if the driver is not committing another moving violation.

However, hand-held phone use remains legal behind the wheel. This makes enforcement of the law a challenge because officers often will not attempt to differentiate between a motorist dialing a phone (legal) and one sending a text messaging (illegal).

But whether an activity is legal and whether it is safe are different matters entirely. A healthy dose of common sense can go a long way toward keeping you out of an accident. Something as simple as allowing yourself extra time in bad weather, can make a real difference. When we are in a hurry, we are quickly impatient and are at increased risks of causing an accident. In fact, driving too fast for conditions is the leading cause of weather-related crashes.

As we close out January, take a minute to make a resolution to be a better driver in 2012.
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According to the Tennessee Highway Patrol, there have been a number of serious car accidents in Knoxville on Interstate-75. Officials believe that many of these traffic accidents were caused by the snowy weather conditions, according to NBC10.

Snowfall plagued Campbell County and dispatchers with the Tennessee Highway Patrol are reporting that the Interstate was icy and dangerous. There have been at least three car accidents reported because of the snow, ice and slick roadways. Mile marker 158 on I-75 was blocked off because of an accident that happened just before 5:00 p.m. The two other accidents reportedly happened at mile markers 139 and 153.

Our Knoxville car accident attorneys understand that the holiday congested traffic may be departing. But the dangerous winter weather conditions are here to stay for a while. We’re asking all drivers to be extremely cautious when navigating snowy and icy roadways. Make it a New Year’s resolution to be a better and safer driver in 2012. You can help to reduce your risks of an accident by practicing a few winter weather safe driving tips. The Tennessee Department of Transportation is here to offer you these safe driving tips through its “Ice & Snow: Take It Slow” safe winter driving campaign.

Winter Driving Safety Tips:

-Slow it down. When it snows, you should use your head and not your feet. Reduce your speed when driving on icy, snowy or wet roadways.

-Slow down when approaching bridges, heavily shaded spots, off-ramps and intersections. These areas are prime spots for black ice. Drivers may not always be able to see black ice on the roadway, therefore slow travel is key in preventing an accident.

-Keep the steering to a minimum. Only steer, brake and accelerate when needed. Cutting down on these types of actions cuts down your risks of losing control of your vehicle.

-Keep the distance. Leave more room between your vehicle and other vehicles on the roadways as it’s more difficult to stop in these conditions.

-Avoid using the cruise control. You should always stay in control or the acceleration and the brakes when driving on slick roadways. Using the cruise control only slows your ability to react.

-Never crowd snow plows. Give these machines plenty of room to do their job. Remember these vehicles travel much slower than normal traffic.

-Before leaving your home, call 511 from any phone or visit www.tn511.com to learn about current weather and road conditions.

-Leave for your destination with plenty of time to spare. Extra time reduces the need to rush and speed.

-Be sure to clear the snow from your vehicle’s windows, headlights and taillights before departing.

-Remember that stopping on slick roadways takes longer than normal and can take more distance. If you have anti-lock brakes, you should brake by pressing firmly down on the brake pedal. If you don’t have anti-lock brakes, gently pump the brake pedal to stop.
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