Articles Posted in Car Accidents

Buying auto insurance can be a confusing endeavor, and many people are not sure either about how to buy insurance or about what happens when they have to make a claim after an accident.

Unless you know your rights, you could find yourself not getting the coverage that you deserve, without coverage that you believe you have, or left with a big bill in the event that an accident happens. Our Knoxville accident lawyers help those who have been in crashes to make informed choices and to deal with the insurance company. But if you are just buying insurance, it is important to understand some of the common myths and misconceptions that could affect your purchase.

Misunderstandings About Auto Insurance

Recently, the Digital Journal discussed some of the most common myths that people believe when it comes to car insurance.

• Trusting that an agent always gets the best price. If you shop around on your own for car insurance, you may be able to get quotes from more companies than your agent will, and potentially do better on price.
• Swerving into a car to avoid hitting a deer. Many people veer out of the way to avoid hitting a deer and believe that the accident will not be considered their fault. This is not the case. If you hit someone else when you swerve to avoid a deer, they can make a claim against you and your insurance costs can go way up. You may actually be better off hitting the deer rather than potentially getting into an accident that injures someone else.
• Believing that you always have rental car coverage. You may not have this coverage after an accident unless you have specifically opted to purchase a rental policy.
• Not reporting an accident because you think that will stop your rates from going up. If you don’t report an accident, you jeopardize your rights with your insurer. Your rights also might go up anyway because other drivers involved in the accident might make claims or you might get a ticket due to the accident.
• Thinking your car insurance will be enough to pay off your car loan if your vehicle is declared a total loss. Your insurance is not designed to cover the total balance on your car loan but is instead designed to cover the value of your car. You’ll be paid market value if your vehicle is totally destroyed in an accident and if you owe more on the car than it was worth, you will be stuck paying off the car loan even once the car is damaged. This can be avoided through the purchase of gap insurance.

These are just a few of the mistakes that people make when it comes to buying insurance. Mistakes made during the purchase process and mistakes made during accident claims can be costly and you could end up giving up some important rights if you are aren’t fully informed.
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The summer travel season is upon us, and with it, our Knoxville car accident attorneys expect to see a spike in crashes related to long-distance travel.

Last month saw a spate of serious crashes throughout Tennessee, and we fear the trend shows no signs of abating.

One of the more serious incidents involved a three-car crash on Highway 96 in Williamson County, resulting in 13 injuries. Victims included seven 16-year-old girls, a 1-year-old child and a 2-year-old child. Authorities say four people had to be flown by helicopter to a hospital, as they were in critical condition.

One of the vehicles involved in that crash was a van transporting two adult coaches and seven athletes from an out-of-state girls’ basketball team.

None of the children were wearing proper safety restraints.

This is troubling when we consider that 30 percent of all road trips taken in the U.S. involve children under the age of 12. It’s critical that these children be put in the proper safety restraints – every single time and for the duration of the trip. It can be tempting on long trips to allow young children out of their seats, even if just for a few minutes. But an accident can unfold in a matter of seconds; taking the risk simply isn’t worth it.

Another recent crash involved a Knoxville motorcyclist who had to be flown by helicopter to a nearby hospital after an accident on Highway 14 in Knoxville. A vehicle pulling out of an establishment apparently did not see the motorcyclist approaching and struck him, causing the rider to be thrown many feet in the air.

Travelers should take special care to watch for motorcyclists. They tend to be out and about more in the summer, for obvious reasons, but we’re not always as used to checking for them. Motorcyclists risk greater potential injury than those on four wheels, and crashes are frequently caused by other motorists who simply aren’t paying attention.

In yet another May crash, a 19-year-old Knoxville woman was killed when the vehicle in which she was a passenger careened off the road around 12:30 a.m. on a Tuesday. Two young men in their 20s, survived, but were badly injured. One of those two, who had been driving the vehicle, had already had his license revoked. Authorities believe alcohol may have been a factor in the crash.

While vacations are undoubtedly about indulging, drivers must be careful not to get behind the wheel while intoxicated. Sometimes, it’s hard to be a good judge of when you’ve crossed the line, so the best rule is that if you’ve consumed any alcohol, wait to continue your trip until at least the next day. Better to get there late than never at all.

In addition to following all applicable traffic laws, anyone planning a road trip to or from Tennessee should bear in mind the following:

• Have your vehicle checked out before you go. Get the oil changed, have the tires rotated and checked for proper inflation, ensure belts and hoses are in good shape, get a tune-up, have your battery checked, make sure your lights are working, your windshield wipers are sharp, your cooling system is flushed and refilled and your fluid levels are adequate.
• Get plenty of rest. Driving drowsy can be as dangerous as driving under the influence of drugs or alcohol. Take frequent breaks and take turns driving.
• Plan your trip well in advance. At the very least, plug in the GPS or have your route mapped out before you start driving. If you get lost, pull over so you aren’t trying to fiddle with the GPS or map while you’re still driving.
• Allow yourself plenty of time to get there. Factor in time for extra traffic and other unexpected delays. You don’t want to feel pressured into speeding or aggressive driving or anything else that could potentially jeopardize your life or the lives of your passengers.

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Our Knoxville car accident attorneys know that the Great Smoky Mountains are a huge draw to Tennessee, not only for tourists but for year-round residents as well.

The mountains are breathtaking – but can also be deadly, in no small part due to the intense layers of fog that creep along the steep, winding roads.

It was this same kind of fog on a recent Sunday along the Virginia-North Carolina border that resulted in almost 100 vehicles being involved in crashes. In the end, three were killed and 25 more were injured.

The Knoxville News Sentinel reports that state police in Virginia had determined 17 different accidents occurred along Interstate-95 – all within a one-mile span near the bottom of Fancy Gap Mountain. The crashes started shortly after 1 p.m., and continued on through the afternoon, amid a backdrop of heavy fog.

Officials noted that Fancy Gap Mountain is notorious for having treacherous fog banks. One minute, visibility is normal, and the next, drivers are in a dense fog. It often settles suddenly, giving officials little time to post advance warning signs to travelers.

Since 1997, there have been six similar pileups just on that mountain, though this most recent one was the deadliest, according to reports from The Roanoke Times. Previous crashes resulted in the death of two people each.

Officials said warning signs regarding the severe fog had been posted early that morning, but most of the crashes were the result of drivers who were traveling entirely too fast for the conditions.

The wreck that kicked off a chain reaction involved eight vehicles, a number of which burst into flames. Images from the scene revealed a burned-out tractor trailer and a number of other vehicles that appeared to be crushed but blackened by fire.

Local officials dispatched school buses to pick people up and transport them to area hotels and shelters.

Although Fancy Gap is known for this kind of fog, so are many others in Tennessee.

It’s important for drivers traveling through these areas to be prepared for visibility conditions to change at a moment’s notice. Fog can make it all but impossible to see even a few feet in front of you.

Driving cautiously and defensively to begin with is a good start.

The Weather Channel recommends that if you do encounter a fog while driving, keep the following in mind:

• Keep your high beams OFF. They will only result in the light being reflected back to you, which is going to make it even harder to see. Use your low beams.
• Slow down. Don’t base the judgment of your speed off visual cues, either – actually watch your speedometer. The reason is that fog can actually create the optical illusion of slow motion, making you think you are traveling slower than you are in reality.
• Open your window a bit and turn the radio down or off. Ask your passengers to limit conversation. You want to try to listen for any traffic you may not be able to see.
• To aid with visibility, use your defrosters and your wipers as necessary.
• If you are having trouble seeing ahead of you, use the painted road markings or the right side of the road as a guide.
• Remain patient. Don’t try to overcome other vehicles in a fog. You can’t see far enough ahead of you to judge whether such a move is safe.
• Don’t stop on the freeway – or any road that is heavily-traveled. If you feel unsafe continuing on, pull off at the next exit. If you must pull over immediately, pull as far away as possible, turn your vehicle’s lights off and step as far away as possible from the vehicle to avoid the possibility that you’ll be hit by a passing car.

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As we near the end of distracted driving month, our Knoxville car accident lawyers wanted to make it a point to discuss a form of distraction that is too often overlooked: daydreaming.

It’s likely almost everyone has done it at some point, and it’s not difficult to understand why. Driving becomes such an entrenched part of our routines, that it’s hardly something we even think about. Many drivers are basically running on autopilot behind the wheel, with their energies and attentions focused on what has to get done for work, where the kids have to go after school, the fight with their spouse, what’s being made for dinner and a million other details.

Your mind may be moving as fast as your car, but it’s not actually taking in everything around you. When this happens, you’re at an increased risk of a motor vehicle accident. A recent study conducted by the University of Bordeaux in France found that of 1,000 drivers who were hurt in car accidents, more than half reported their thoughts had been somewhere other then the road in the moments before the crash.

This is noteworthy because while distractions like texting and driving have received so much attention, we rarely talk about the phenomenon of daydreaming distractions. We’ve been able to legislate a limit on certain kinds of driving distractions. For example, most states now have some kind of law against texting while driving, with some even having regulations on handheld cell phones. Many places too have graduated driver’s license laws that force new drivers to limit the number of under-21 passengers in a vehicle at any one time, the idea being to limit the distracting conversation that so often leads to teen wrecks.

But we can’t legislate thoughts.

Part of the biggest problem, according to psychologists who have studied the issue, is that so many of us allow our thoughts to drift without even realizing we’re doing it. So while you can take steps to physically stop yourself from picking up the phone and texting while you’re driving (by putting it out of reach, for example), it’s harder to police your own thoughts.

That doesn’t mean you’re powerless.

Dr. Paul Atchley, professor of psychology at the University of Kansas who studies multitasking and distraction effects on driving, offers the following tips on how to best avoid a daydreaming-while-driving crash:

• Bear in mind the risk. It’s easy when we’re going through the daily routines to forget what a risk we take every time we get behind the wheel. Reminding yourself each time you get in that you’re entering a potentially dangerous situation might help you to maintain your focus a bit better.
• When you find yourself starting to wander mentally, particularly when you’re alone, engage yourself in games that will help you better focus. For example, “I Spy a Distracted Driver.” See if you can spot other vehicles that are obeying traffic signals, remaining in their lanes or coming to a complete stop. This has the added benefit of prompting you to drive more defensively.
• Tell your passengers to speak up if they see something and don’t feel you’re reacting fast enough. Most people don’t say anything because they don’t want to be annoying or a “backseat driver.” But if they have your permission to let you know when they see a potentially dangerous situation, it’s safer for everyone.

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April may historically be known for its showers, but our Knoxville car accident lawyers know it is fast becoming recognized for something else: Raising awareness about the dangers of distracted driving.

It’s no coincidence that this is the same month of prom preparations and spring fever, when young folks especially are eager to enjoy the warming weather. But more people behind the wheel inevitably are going to mean more crashes. Further, it seems that with regard to distracted driving, we’re getting worse – not better.

The National Highway Traffic Safety Administration reports that, in 2010, one in five young drivers were observed behind the wheel using a hand-held electronic device, usually a cell phone.

Fast-forward to this year. That figure has doubled. It’s now two in five young drivers.

And there is more bad news.

Anytime you’re on the road, every other driver you pass will answer a phone call. One out of every four drivers you pass will make a phone call. Of the young drivers you pass, three out of every five will pick up the phone to answer a call. One-third of those same young drivers will make a call.

It’s terrifying when you consider the effect that such action has on a person’s ability to safely operate a motor vehicle. People have this skewed perception that, while distracted driving is dangerous when other drivers do it, it’s acceptable for them. They fail to see how much their own ability to drive safely is eroded when they are talking or texting behind the wheel.

While all distractions can significantly detract from your safety, not all distractions are created equally. Texting involves visual, manual and cognitive distraction. That is, when you are texting, you are not looking at the road, you are not holding onto the wheel with both hands and you aren’t thinking about the road ahead of you.

And yet, it’s becoming a more common phenomenon.

The NHTSA reports that, at any given moment on U.S. roadways, some 660,000 motorists are talking on their phone. That’s about five percent of all licensed drivers, though consider that not every licensed driver is on the road at any given moment.

Even more troubling are the statistics for manipulating a mobile device while driving. That is something right at this moment being engaged in by 1.18 million drivers, or about nine percent overall.

This is deeply troubling, particularly when you consider that most people KNOW this is not a good idea. Three quarters of Americans support a ban on cell phone use while driving and 95 percent support a ban on texting while driving.

Yet, half of us right now are answering a phone call while driving. A quarter of us are placing a call. Nearly 700,000 are texting in the driver’s seat.

This disconnect must stop. The only way we are going to make a difference is by having every individual make a pledge to put their phones out of reach before each and every trip. Don’t assume you are one of those who can do it safely. Those people don’t exist.

It starts with you.
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On April 2, 2013, the Journal Express reported that a woman and three children were involved in an accident with a train. Two of the children were killed in the accident and the surviving child is fighting for his life.

Our Knoxville accident attorneys know that train accidents are often fatal due to the tremendous size of the train and the force at which the train can hit. It is important that crossing equipment around trains be kept in good working order and that drivers and pedestrians behave in a smart and safe manner when they approach train tracks.

The Batavia Train Accident
According to the Journal Express, a state patrol officer indicated that the woman involved in the accident drove around the stop arms at the railroad tracks at shortly after 6:00 P.M. When the woman entered the tracks, her mini van was hit by a train that was headed west.

There were three children in the van at the time when the accident occurred, although law enforcement has not confirmed that the van driver was the mother of the children. Two of the children, ages 5 and 4, were killed, and the 2-year-old child and the 25-year-old driver were both being treated at a nearby hospital at the time of the article.

The Journal Express also reports that the investigation into how the accident happened is ongoing. The officer interviewed said that he believed everything was working at the time of the crash, including the horns and stop arms signifying the approach of a train. Further, he indicates that there was a train on one of the other tracks.

However, while this may be the case, it is advisable for the parties involved to conduct an independent investigation to ensure that the truth is discovered. The fact is that the railroad infrastructure throughout the United States is aging. Numerous states are under federal mandate to improve railroad crossing safety. Far too many crossings are unarmed. When warning systems do exist, they are often antiquated or inadequate.

If equipment fails, even once, at a train track, then someone could get seriously hurt. In this case, for example, the young woman driver with three children in the van might not have even been aware that a train was coming if the warning system malfunctioned. This is particularly true at night or when visibility is otherwise reduced.

Staying Safe at Train Tracks
The warning systems, including stop arms and auditory warnings, are the keys to preventing train accidents. Drivers should also be cautious when approaching a train track and should stop several feet back from the track and out of the way when a train is approaching.

By steering clear of train tracks, never stopping on the track, and looking both ways carefully before crossing train tracks, drivers can do their part to prevent becoming involved in a serious accident.
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The Tennessee Department of Transportation (DOT) has recently begun using the 151 electrical highway signs in the state to send a message to drivers. The message: people die every day from car accidents. The DOT is sending this message by posting on the sign the total number of traffic fatalities in the state, year-to-date.

Our Knoxville accident lawyers know that there are thousands of people who die on the roads each year and that there are many more who suffer injuries as a result of car wrecks. Unfortunately, many drivers don’t really think about these tragic deaths and may not pause to consider that their driving choices could have very real consequences. By posting the fatality count, the Tennessee DOT hopes to make drivers more aware. However, not everyone agrees with this controversial new effort.

Controversy Over DOT Signs
According to WBIR, there are some people in the state of Tennessee who are complaining that the electronic count of the number of car accident deaths is too gruesome. The electronic signs were traditionally used to announce things like lane blockages, and some do not believe that they should now be used to count up the number killed in traffic collisions.

Others, however, believe that these DOT signs are serving an important purpose and hopefully saving lives. The sister of one drunk driving victim, for example, indicated that she believes that the signs are a reflection of real people who were lost and are more than just statistics. She is an advocate for the signs because they remind drivers of those who have been killed.

Are the Signs Working?
According to WBIR, officials indicated that it is a good thing the signs are drawing so much discussion, even if the talk focuses, in part, on the controversy. Because people are talking about them everywhere, the signs are drawing attention to the high number of car accident deaths in Tennessee and making people think.

The signs may already be having a positive effect on reducing the number of deaths occurring in the state. As WBIR reports, there were 1,013 car accident deaths in Tennessee in 2012. This was 75 people more than the number who died in 2011, which is a huge increase. However, the majority of this increase occurred in the first portion of the year before the signs were put up.

During the first three months of 2012, there were 64 more deaths than during the same period of time in 2011. If the disturbing increase in auto accident deaths continues at this pace for the rest of the year, then it is likely that more than 1,200 people will lose their lives in Tennessee accidents.

After the signs began counting fatalities, however, the number of car accident deaths leveled off. Although this is anecdotal and more studies will need to be done on an ongoing basis to see if the signs are really playing a role in reducing the number of deaths, it is clear that reminding people of the consequences of car accidents cannot hurt efforts to reduce the risks we all face on the road.
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Nearly 1,120 people lost their loves on Tennessee roads and highways last year, according to preliminary data, representing a nearly 9 percent increase in a single year.

Knoxville personal injury attorneys urge every driver in the state to take note of the new traffic fatality statistics and to make a renewed commitment to safe driving as we work to bring the number of deaths down in 2013.

State officials are touting the fact that the number of deaths is the third-lowest dating back to 1963. But the fact that we saw such a sharp increase, despite the measures laid forth in the governor’s 2012 Highway Safety Performance Plan, is troubling. As the commissioner of the Tennessee Department of Safety and Homeland Security put it: We must do better.

The agency has reportedly invested millions of dollars in state and federal funds for anti-crash efforts in the last year. That included electronic messaging centers with signs warning drivers against engaging in some of the hazards known to be more common – texting behind the wheel, drinking and driving, drowsy driving, etc.

The state department of transportation wanted drivers to think about the risks. (The method is a bit counterintuitive, though, considering moves by local county commissioners to ban digital billboards due to the distraction they cause motorists.)

In any case, it doesn’t seem efforts were successful. For example, the number of DUI arrests in the state shot up by more than 25 percent from 2011 to 2012. Early numbers indicate nearly 250 people died in alcohol-related crashes in the state. That’s a 24 percent increase from the year before, though it is worth noting that impaired driving deaths fell by about 32 percent from 2007 to 2011 in the state.

Another major concern for traffic officials is lack of seat belt usage. People without a seat belt accounted for nearly 53 percent of those killed in motor vehicle accidents last year.

Other major contributing factors included speed (which was a factor in 141 fatal crashes) and distracted driving (a factor in 56 fatal crashes).

Sadly, the number of teens killed on Tennessee roads increased by more than 10 percent last year. Officials primarily blame distracted driving.

Also worthy of alarm is the fact that the number of motorcycle deaths in our state has tripled in the last 14 years — up more than 21 percent just in the last year. There were 138 motorcyclists killed in Tennessee in 2012, compared to 114 the previous year.

These disturbing upward trends weren’t just in Tennessee, either. The National Safety Council reported that throughout the country, traffic deaths climbed by 5 percent last year (not including December, for which final figures aren’t yet available). Many nearby states also had marked increases, including: Kentucky, North Carolina, Missouri, Virginia and Georgia.

Unfortunately, so far this year, we’re on the exact same trajectory. Some 36 people died on Tennessee roads as of January 16. That was the exact same number as had been tallied at the same time last year.
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Although some say that the moving, flashing, scrolling mass of letters and images on huge roadways signs amounts to a form of blight in and of itself, that wasn’t the direct aim of Knoxville County Commissioners in banning conversion of traditional billboards to digital format.

Knoxville car accident lawyers know it had more to do with distraction and contribution to crashes along our commercial thoroughfares and highways.

We aren’t the first city to ban such billboards.

In December, a Los Angeles appellate court ruled that some 100 digital billboards throughout the city have to come down, finding that the permits obtained for them are invalid, as the city council had signed a deal with the firms in a closed-door session, despite an already-existing ban on digital conversions.

Numerous other cities have taken a similar stand.

The states of Maine, Vermont, Alaska and Hawaii ban billboards altogether – including the digital kind.

Part of that has to do with the 1965 Highway Beautification Act, which was passed with the goal of limiting commercial advertising along America’s highways. However, five years ago, the Federal Highway Safety Administration ruled that digital billboards don’t violate that act, despite the clear wording that bans “moving,” “flashing” or “intermittent” lights.

That ruling was head-scratching, but many cities – Knoxville included – have taken the issue into their own hands. Of course, the issue of whether it is a real distraction is unclear. It hasn’t been studied a great deal. what we do know is that it only takes a moment of distraction to result in fatal consequences.

The National Highway Traffic Safety Administration focuses its distraction message on actions for which drivers are inherently responsible: Texting, talking on the cell phone, grooming, eating or drinking, using a navigation system, watching a video or fiddling with the radio. However, the thing about digital billboards is that drivers don’t have a choice but to look at them. The eye can’t help but be drawn to strobe lights along the roadway.

A 2009 study by the American Association of State Highway and Transportation Officials found that digital billboards are unsafe, as they attract a drivers’ attention for extended periods of time, which has proven to be dangerous. Although the billboard industry categorically denies this, the whole point of these signs is to attract attention. Otherwise, why put them along the roadway?

In Knoxville, commissioners decided to strike a compromise on the issue, though they were sharply divided on the three proposals. While the group did sign a measure that will prevent conversion, it did not approve two other laws. One would have put a ban on all new billboards, and the other would have meant the elimination of all electronic message boards – even those in front of banks or other businesses that scroll the temperature and time.

But those latter two aren’t dead entirely. They have been forwarded to the county’s planning commission, which is expected to conduct further study and report back to the commission in April.
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Recently, near the Tennessee border in Kentucky, two people – including a passenger from Knoxville – were critically injured in a rollover crash on Interstate 24 near mile marker 79.

Our Tennessee auto accident attorneys understand that the 25-year-old driver for reasons unknown lost control of his vehicle, crossed the median, became airborne and rolled several times before landing upright in the median.

The driver and his passenger were flown by helicopter to a nearby hospital in Tennessee, and their injuries were believed to be life-threatening. Another vehicle rollover, this one in Nashville, reportedly snarled multiple lanes of traffic on Interstate 40 near mile marker 223. Tennessee transportation officials reported an overturned sport utility vehicle in the roadway, though thankfully there were no serious injuries.

Rollover incidents like these happen every single day in Tennessee, and they pose an increased risk of serious injuries or fatalities. The U.S. Department of Transportation (DOT) reports that while any kind of vehicle has the potential to rollover, narrower, taller vehicles have a greater propensity for it. These would be vehicles like vans, pick-up trucks and SUVs, which have higher centers of gravity.

In looking at the overall causes of rollovers, however, human error is almost always a factor. The DOT reports that fatal rollovers are more frequently attributed to excessive speed than fatal crashes that don’t involve rollovers. It’s estimated that approximately 40 percent of all deadly rollover crashes are the result of high speed. What’s more, three quarters of all fatal rollovers happened on a road where the posted speed limit was higher than 55 miles per hour.

Another troubling trend involves alcohol. The DOT posits that almost half of all rollover crashes resulting in death somehow involved alcohol, even though not all of those technically crossed the 0.08 percent BAC legal threshold for intoxication.

While one might think that highways would be the most frequent site of rollover crashes, in fact rural roads are the more common location. That’s likely because these roadways have no barriers or dividers that would serve to stop a vehicle from tipping over should it leave the roadway. In fact three-quarters of all fatal rollover crashes happen on rural roads.

Rollovers also tend to be more fatal than other types of crashes. Of the more than 9 million traffic accidents recorded in 2010, only a little more than 2 percent involved a rollover. And yet, rollovers accounted for approximately 35 percent of all passenger vehicle deaths that year. That is more than 7,600 people who lost their lives in rollover crashes.

By far the most common type of rollover is called a “tripped” rollover. This is when the vehicle leaves the road and slides sideways after the tires either strike an object or dig into soft soil. If this is done at a high rate of speed, the sheer force can cause the vehicle to roll multiple times.

In addition to being cautious about your vehicle’s rollover rating, prevention is often just as simple as slowing down, refraining from drinking behind the wheel and avoiding distraction and driving in inclement weather.
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