Articles Posted in Car Accidents

Published on: March 26, 2011

Standards for Commercial Drivers would help Reduce Risk of Tennessee Trucking Accidents

Road Safe America has been waiting patiently for three years for the federal government to act on Docket # FMCSA-2007-27748, which would require minimum standards for anyone in the U.S. wanting a Commercial Driver’s License (CDL).

Our Knoxville personal injury lawyers know that improperly trained tractor-trailer drivers pose a huge risk to Tennessee motorists and greatly increase the chance of Tennessee trucking accidents.

It would be reassuring to know, when we see a big rig traveling down the highway, that a professionally trained driver is behind the wheel. Unfortunately, it is not always the case. Currently the U.S. Department of Transportation has not mandated any minimum standards concerning truck driver training.

Acceptable training choices for most drivers are either through the carrier they choose to work for or through a private truck driver training school, which are available in most states. But here lies the problem; in almost every state, to get a CDL requires just 2 steps. Step one is to pass a written test on the trucking industry and the complex rules regarding trucks. Step two is to pass a driving test usually consisting of on-the-road driving, a parking lot skills test and a visual inspection exercise.

There are no minimum standards of behind-the-wheel training or classroom time. It is entirely possible for someone to study the training manuals, have a friend teach them about the driving portion of the test and pass the CDL test. Would you go to a doctor who only passed tests in medical school and never interacted with real patients? But sadly the government allows improperly trained drivers operate 80,000 pound trucks, which can have deadly consequences.

The federal government needs to stop dragging its feet on Docket # FMCSA-2007-27748, which would require mandatory training for new operators of commercial motor vehicles.

The National Highway Traffic Safety Administration reported 380,000 large truck crashes in 2008. Over 90,000 people sustained injuries and 4,229 were killed. In Tennessee, 6.7% of vehicles involved in fatal crashes are large trucks.
Continue reading →

Published on: March 24, 2011

Teens More Likely to Text and Drive Causing Increased Risk for Knoxville Car Accidents

By Mark Hartsoe

As more and more teens hit the road and the school year winds down, drivers will be at an increased chance of being involved in a Knoxville car accident.

Knoxville injury lawyers know all too well the severity of distracted driving among teens. Secretary of Transportation Ray LaHood states, “Distracted driving has become a deadly epidemic on America’s roads and teens are especially vulnerable because of their inexperience behind the wheel and, often, peer pressure.”

The U.S. Department of Transportation (DOT) reports that nearly 500,000 people were injured as a result of distracted driving in 2009. Nearly 5,500 people were killed in the United States.

Consumer Reports National Research Center recently conducted a representative survey about distracted driving and discovered some alarming facts:

-More than 60 percent of teen drivers admitted to using a hand-held phone while driving.

-30 percent of teens admit to texting while driving.

-9 out of 10 teen drivers have witnessed someone else using a hand-held phone behind the wheel.

-More than half of those surveyed have seen a distracted driver create a dangerous driving situation.

The DOT is teaming up with Consumer Reports in effort to educate teens about the dangers of texting and cell phone use while driving. They’re offering a free “Distracted Driving Shatters Lives” guide to parents, teens and teachers to alert them of the dangers of distracted driving.

The DOT and Consumer Reports recommend that you keep these points in mind when discussing road safety with your teen:

-Make sure they know the consequences of distracted driving, including punishments, consequences and injuries.

-Establish rules prohibiting texting and calling behind the wheel.

-Lead by example. Put down your phone while driving.

-Make a driving contract to be signed by you and your teen agreeing on specific driving rules.

“It only takes a moment to cause a tragedy,” says Jim Guest, president of Consumers Union, “No text or call is worth a life.”
Continue reading →

Published on: March 21, 2011

Trucks Pose Threat to Increase Rates of Fatal Knoxville Car Accidents

By Mark Hartsoe

A 76-year-old Kentucky County Commissioner died after his Fort Explorer collided with a Mack truck last week, reports the Knoxville News Sentinel.

Tennessee trucking accident pose a serious threat to motorists — more than 70 percent of those killed in trucking accidents are occupants of passenger vehicles. Most recently, safety advocates report issues with rear-end collisions involving tractor-trailers and faulty underride guards. Tennessee truck accident lawyers urge you to contact an experienced attorney if you or a loved one have been involved in a commercial-driving crash.

The Insurance Institute for Highway Safety recently tested the effectiveness of underride guards on tractor-trailers and discovered they are prone to buckle in low-speed crashes. These failing underride guards prove often fatal to passenger-vehicle motorists involved in rear-end tractor-trailer accidents.

The driver of the Mack truck was not injured, while the Tennessee County Commissioner died.

American Trucking Associations President Bill Grave said in a CBS interview that the trucking industry is aware of the faulty design. He adds that these standards were set nearly 50 years ago and may not be adequate for today, according to Transport Topics.

In 2009, there were more than 3,000 fatal accidents involving trucks and passenger vehicles. In 70 percent of those accidents the occupants of the passenger vehicles died.

America’s Road Team offers these safety tips to drivers sharing the roads with tractor-trailers:

-Do not tailgate. The current standards of the underride guards of many trucks could be causing fatal injuries in an accident.

-Be aware of blind spots. It’s important to remember with any driver that if you can’t see them, they can’t see you. Always be aware of your surroundings.

-Always pay attention. Being alert can help you avoid a potentially fatal accident. Looking away for mere seconds can double your chances of getting into an accident.

-Follow the speed limit. Your chance of getting into an accident nearly triples when driving faster than your surrounding traffic.
Continue reading →

Published on: March 15, 2011

St. Patrick’s Day Increases Risk for Knoxville Car Accidents

By Mark Hartsoe

Police will be out in full force this St. Patrick’s Day weekend to crack down on drunk driving in an effort to reduce the risk of Knoxville car accidents.

A Pub Crawl is planned in the Old City for Wednesday night. As Channel 6 News reports, local merchants have organized a seven-bar pub crawl for $7. Seven bars means a long and exciting celebration for locals and visitors.

Knoxville personal injury lawyers encourage you to put safety first this holiday weekend. These pub crawls heighten the risk for drunk driving and Knoxville police will be on the lookout. “By doing bar checks and intensive patrols, or what we call saturation patrols in the areas with a lot of bars, a lot of extra officers on duty,” says Lt. Greg Hoskins.

According to The Center for Disease Control and Prevention, approximately 35 people die every day in the United States as a result of drunk driving accidents. This means a person will die every 40 – 45 minutes in an accident with a drunk driver.

The “Drunk Driving. Over The Limit. Under Arrest.” campaign offers free, printable posters, templates, and banners to help keep you and your friends and businesses safe this St. Patrick’s Day.

“The best advice is, always a designated driver. It’s as simple as that. One person, nothing to drink. That was if you are stopped by police you should be fine,” says Lt. Hoskins.

DUI Checkpoint & Crime on the Road offers these tips to help keep Tennesseans safe this St. Patrick’s Day:

-Before you go out, designate a sober driver.

-If you’re impaired call a friend or family member, use public transportation or get a taxi.

-Use the local Sober Ride program.

-Call the police department if you seen an impaired driver on the road.
Continue reading →

Published on: March 12, 2011

Drunk Driving a Leading Cause of Car Accidents in Knoxville, Maryville

By Mark Hartsoe

Our Knoxville accident lawyers know that in 2009, alcohol was involved in more than one-third of all fatal Tennessee car accidents.

Knox News reported on a recent early morning crash that sent 3 people to the hospital.

The accident happened in front of Rocky Hill Elementary School, located in the 1200 block of Morrell Road. A Honda traveling southbound slammed into a Toyota traveling northbound around 1:40 a.m. The driver of the southbound vehicle was cited for driving on a suspended license. Law enforcement suspect alcohol may have been involved.

All injuries sustained in the crash appeared non-life threatening.

Brittany Thomas, 21, and her 10-month old son Aiden were not so fortunate. It was a little over a year ago, when they were killed on Alcoa Highway by an accused drunk driver whose car drove across the median, flew into the air, and hit Brittany’s car.

WBIR-TV 10 reports that to honor these two victims law enforcement officials set up sobriety checkpoints along Alcoa Highway. Several agencies sponsored two billboards featuring Brittany and Aiden, and warning drivers on the tragic consequences of drinking and driving.

The National Highway Traffic Safety Administration (NHTSA) reported nearly 11,000 people lost their lives in drunk driving accidents in 2009. This is at the alarming rate of about 1 every 45 minutes. In Tennessee 345 of 989 fatal crashes were alcohol related.

Other 2009 NHTSA facts about alcohol impaired driving:

-32% of total traffic fatalities are alcohol-related.

-14% of children (age 14 and under) died in alcohol-related crashes.

-37% of alcohol-related fatal crashes happen at night versus 9% during the day.

-16% of alcohol-related fatal crashes happen during the week versus 31% during the weekend.

-35% of the drivers in fatal alcohol crashes were 21 to 24 years old.

Always remember these safety tips:

-Before the celebrating begins designate a sober driver.

-Never serve alcohol to anyone under the age of 21.

-If you are hosting the event, provide non-alcoholic drinks as an option and stop serving at least an hour before the event ends.

-Don’t let anyone leave that has had too much.
Continue reading →

Published on: March 10, 2011

Fewer Tennessee Trucking Accidents if Positive Drug Tests Followed Truckers from Job to Job

By Mark Hartsoe

Road Safe America joins the American Trucking Association and other safety minded organizations in advocating for a central clearinghouse to monitor heavy commercial vehicle drivers who test positive for drugs and alcohol.

Historically, drivers that test positive for drugs and alcohol hop from state to state and job to job to avoid detection. Our Knoxville personal injury lawyers know these kind of drivers should not be behind the wheel of an 80,000 pound truck. As long as such job-hopping is permitted to continue, motorists will be at high risk for Tennessee trucking accidents involving drunk drivers.

The Safe Roads Act, S. 1113, was introduced by Senators Pryor, Snowe, Nelson and Wicker in May 2009. It would establish an all-inclusive national clearinghouse for positive alcohol and drug test results. The passage of this bill would undoubtedly make our roadways safer by reducing the risk of drunk drivers operating heavy commercial vehicles.

In 2008, the National Highway Traffic Safety Administration reported 1,041 large truck crashes each day. Nearly 12 people every day die in large truck accidents and an additional 246 are injured. In 2008, approximately 7% of all fatal crashes involved a large truck on Tennessee roads. It was reported that 2% of large truck drivers involved in fatal crashes had a blood alcohol content of .08 or higher.

Alcohol and drug testing is a fact of life in the trucking industry today. All truckers that have a commercial driver license (CDL) — whether owner-operators with a CDL or drivers employed by motor carriers — are subjected to drug and alcohol testing.

A study done by the Insurance Institute for Traffic Safety, as reported by Drug Library, found that 15% of all truckers had marijuana, 12% had non-prescription stimulants, 5% had prescription stimulants, and 2% had cocaine in their systems. Some truckers believe that marijuana use is safer than drinking, but studies show that effects on reaction time after smoking can last up to 24 hours.

A Federal Motor Carrier Safety Administration (FMCSA) study of crashes involving large trucks found that prescription drug use was a contributing factor in 28.7% of all crashes sampled and over-the-counter drugs were a contributing factor in 19.4% of crashes. Side effects from drugs can include: dizziness, drowsiness, blurred vision and confusion of which any could cause an accident.
Continue reading →

Published on: February 28, 2011

15-passenger Vans at High-Risk for Tennessee Accidents

By Mark Hartsoe

The father of a 15-year-old girl killed in a Knoxville traffic accident involving a 15-passenger van is trying to warn other parents of the dangers, according to the Knoxville News Sentinel.

Knoxville personal injury lawyers have seen several horrific crashes in recent months — including a church-van accident in Georgia and another in New York.

The National Highway Traffic Safety Administration began the year with an urgent message to owners of the more than 500,000 registered 15-passenger vans. Schools may not purchase the vans for use as school buses. Passengers should buckle up. Tire wear, speed and overloading are all issues that can increase the risk of a serious or fatal accident.

The tire issue is so critical that the government is sending postcards to all owners of 15-passenger cans. Patrick James’ 10-year-old daughter, Lexie, was killed in an accident three years ago. He now runs the nonprofit American Center for Van and Tire Safety. He has helped document at least 23 deadly accidents involving the vans last year.

“Three-and-a-half years after my daughter was killed, I’ve never seen one of the warnings,” James said. “And I look for them. I don’t even get Google alerts about them. If we don’t get them, who gets them? That’s why they said, ‘We can’t keep doing the same thing and expect different results.’ ”

Daycare centers, church organizations and schools use the vans frequently. A federal law now forbids schools from purchasing new vans for student transport. However, many remain in use. Such organizations have an obligation to provide for the safe transport of passengers. When they don’t, and a serious or fatal accident results, an experienced injury lawyer should be consulted immediately to help protect the rights of you and your family.

The government reminds drivers, passengers and van owners:

-Drivers should be experienced and well-trained.

-Fatigue can slow response times. Drivers should be well rested.

-The vehicle should be inspected before every trip, especially the tires.

-Vehicle weight limits should be carefully followed and weight should be evenly distributed.

-All passengers should wear seat belts.

-Tires should be carefully inspected and replaced as needed.
Continue reading →

Published on: February 19, 2011

Cell Phone Captures Evidence in Wake of Knoxville Car Accident

By Mark Hartsoe

NBC10 News reports a victim used his smartphone to record a hit-and-run driver leaving the scene of a Knoxville car accident.

Knoxville personal injury lawyers continue to see technology influence accident cases, for both good and ill. Whether it’s cell phone cameras, red-light cameras, or distracted driving, the wired world is here to stay.

In this case, not only did the defendant record the hit-and-run driver, he did it with an app that always records his driving. He was clipped on Morrell Road after dropping his son at daycare. The app, Daily Road Voyager, recorded the whole thing. Knoxville police say the video is a valid piece of evidence that will likely be used in the arrest and prosecution of the case.

“Technology is changing, so we do expect to see more of this in the future,” said Knoxville Police spokesman Darrell DeBusk. “It is getting to the point where you cannot go out into public without the possibility of being recorded by someone.”

The case is also a reminder of what to do after an Knoxville car accident. In general, collecting as much information and evidence as possible is a good idea. This includes the names and contact information of witnesses and photographs of the scene.

Photographs can be important because a scene may change dramatically in the year or two it takes to resolve a case. Vegetation may grow or be cut back. There may be new road or building construction in the area. And road signs, street signs and traffic control devices may be added or replaced. Preserving photographic evidence of how the area looked as near to the time of the accident as possible is an excellent idea.
Continue reading →

Published on: February 17, 2011

41 years without a Tennessee Trucking Accident Deserves Recognition

By Mark Hartsoe

Tennessee trucking accident lawyers know what an accomplishment it is when a commercial driver makes it 25 years without an accident. And we salute the 180 UPS drivers in Tennessee who have managed to do so.

In particular, Stanley Coker of Knoxville and Michael Jenks of Springfield have each driven for UPS for 41 years without an accident. Each man is tied for fifth all-time on the company’s list of 102,000 drivers. Avoiding accidents in Knoxville and Springfield after more than 40 years on the road is an accomplishment worth recognizing and bragging about.

The Street reports UPS has 5,248 drivers that have received similar honors; combined they have traveled more than 147 million accident-free miles.

The National Highway Traffic Safety Administration reports more than 380,000 commercial trucking accidents occur each year, claiming more than 147,000 safe-driving years and more than 5 billion safe miles.

Whether driving one of the company’s tractor-trailers or one of the famous Big Brown Trucks, there is nothing accidental about four decades of safety.
Continue reading →

Published on: February 11, 2011

Increase in Fatal Car Accidents in Tennessee includes more Fatal Pedestrian Accidents

By Mark Hartsoe

Tennessee car accidents are on the rise after five years of decline, according to the Tennessee Highway Patrol.

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.”
Continue reading →