Articles Posted in Car Accidents

Having your car break down is never a good experience, but it can also be deadly, particularly if it happens on the highway and you don’t act appropriately.

Our Knoxville car accident attorneys understand that a recent four-car pileup on I-40 E on a Friday evening was the result of a domino effect, kicked off by a blown tire.

According to local police, the tire came completely unhinged from the first vehicle in the midst of rush hour traffic. The vehicle ground to a halt, with the wheel ending up next to it and obstructing another lane.

As officers raced to the scene, another vehicle braked hard to avoid hitting the broken down car. Behind that driver was another who had reportedly been following to closely and the two collided, with two others slamming into those shortly thereafter.

Rescue crews had to use specialized equipment to pull the accident victims from their vehicles, and three were rushed to the hospital. Thankfully, no life-threatening injuries were reported.

Officials said the crash is a cautionary tale of the importance of maintaining your vehicle and knowing what to do in the event of an emergency. The fact is we’re likely seeing more of these incidents these days, as cash-strapped Americans are hanging on to older vehicles longer. Researchers at R.I. Polk conducted a study last year that found drivers of used vehicles were keeping them on average for 50 months – compared to the average 32 months recorded in 2003.

Still, the money you save by refraining from purchasing a new car should really be put into the maintenance of the one you have. As this case shows, such action may be critical. Other preventative measures include mapping your route before you leave, keeping abreast of inclement weather conditions, minimizing your distractions and remaining alert.

If you do break down, AAA recommends the following action:

• Make a quick assessment of where you are as you realize your vehicle is causing problems and may break down. This is going to be important when you call for help.
• Get off the road. In most cases, you want to get as far off the street to the right as you possibly can. If you’re on the highway and you’re closer to the left median, go there instead but only if necessary.
• If you can’t get off the road, turn on your emergency flashers. If you think you may be likely to be hit from behind, get out.
• If you do get out, make sure you are watching for oncoming traffic, as the other drivers may not be able to see you fast enough to stop.
• Don’t take the risk of trying to push the car off the road if there’s a probability you could be struck while doing so.
• Whatever you do, don’t stand directly behind or in front of the car. What will happen is you will end up potentially blocking your lights and reflectors, putting you at high risk for injury.
• Use a cell phone to call for help from a safe location – whether that is in your vehicle or well out of the way of oncoming traffic.

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Knoxville traffic collisions are expected to be on the upswing over the next few weeks, due to a tumultuous mix of intermittent rain and snowstorms throughout the region.

Our Knoxville injury lawyers understand the roads have been slick, slippery, icy and snow-laden – causing major traffic jams, a flurry of accidents and a request by authorities to stay home when the roads warrant it.

At one point, Knox County dispatchers were so overwhelmed with injuries caused by car accidents, they asked drivers involved in non-injury accidents to trade numbers and report those crashes to police once the weather had cleared.

The conditions were so bad that the local Knoxville Area Transit was only running limited snow routes, entirely bypassing streets that weren’t deemed safe for travel.

Parents of schoolchildren throughout Knox County flooded local news sites and police substations with concerns that their children had left school at 2:30 p.m., yet had not made it home two hours later. As it turned out, at least one school bus got stuck in the snow. Thankfully, no injuries were reported.

Weather forecasts are predicting “a little bit of everything” before the week is out – snow, wind, rain, thunderstorms – mixed with a bit of sunshine here and there.

At the same time, a huge swath of U.S. 441, also known as the Newfound Gap Road, on the North Carolina side of the Great Smoky Mountains National Park – has completely disappeared, having been swept away by recent flooding amid record rains. In fact, it’s about 50 feet deep and the size of a football field. No word yet on how long repairs are going to take.

Meanwhile, a rock slide on Alcoa Highway has shut down that road indefinitely as well. Rock slides are more common when there are dramatic temperature changes, accompanied by increased precipitation.

A spokesman for the Tennessee Department of Transportation had one word for the weather of late: “Interesting.”

The fact is, motorists are going to have to be prepared for anything. The National Highway Safety Administration offers the following advice to help you in unpredictable weather:

• Get your car serviced. Have it checked for bad worn hoses, leaks or any other replacements or repairs.
• Check your battery. When the temperature drops, your battery power does as well. It can be tougher to get your vehicle to start if the weather is below freezing.
• Check your cooling system. When coolant freezes, it expands and it can damage your car’s engine block. Make sure you have enough, make sure the kind you have is designed to work in colder temperatures and have a mechanic check it out for leaks.
• Fill your windshield wipers. The fluid can go quickly in just a single snowstorm. This could prove fatal if it happens while you’re driving. Fill it up, use no-freeze fluid and keep extra in the vehicle, just in case.
• Double check your floor mat. If it isn’t correctly installed, it could interfere with your ability to operate the accelerator or brake, leaving you at greater risk of a crash.
• Look over your tires. In optimal conditions, you’d still inspect them about once a month. If there is significant or uneven wear, it’s time to get new ones.
• Plan your travel route. Check the road conditions, weather and traffic and plan to leave early if need be so you don’t feel pressured to speed and you know your planned route.
• Stock your vehicle. Essentials in winter include snow shovel, ice scraper, abrasive material (sand or kitty litter) for if your car gets stuck in the snow, jumper cables, flashlight, warning devices, blankets, cell phone charger, food, water and necessary medicine.

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Last year, the federal government passed a multi-billion dollar initiative known as MAP-21 to improve roadway safety across the country. The act offers grants, tax breaks and matching dollars to those states that pass certain legislative measures aimed at improving roadway safety.

However, our Knoxville accident lawyers have learned that many states – including Tennessee – haven’t taken the government up on all of the incentive dollars available. Of more critical importance is that such lack of action is increasing the risks motorists face on the road.

A number of these measures, including graduated driver’s license programs, distracted driving prevention and enhancement of drunk driving penalties, have multiple benefits. For starters, laws like these save lives and reduce injuries. This in turn reduces both the actual and societal cost of crashes, including less resources expended by emergency responders, law enforcement and the health care industry. And finally, there is federal funding available to not only cover implementation costs but to exceed them, providing a boon for cash-strapped state governments.

Nationwide, the cost of motor vehicle crashes topped $230 billion last year, according to the Advocates for Highway and Auto Safety, which recently released its “2013 Roadmap of State Highway Safety Laws” annual report. In Tennessee, the costs topped $4.6 billion.

Although our state was given a high “green light” rating for overall road safety improvement laws, there are still numerous areas where we’re lacking.

In 2011, there were nearly 950 traffic fatalities in the state. In the last decade, there have been roughly 11,500.

Among the laws that we’re lacking, according to the research group, are:

• A GDL program requiring teens be at least 16 to obtain a learner’s permit;
• A GDL program requiring restrictions for teens driving at night;
• A GDL program requiring drivers be at least 18 years-old to obtain an unrestricted license;
• An Ignition Interlock program for all DUI offenders, not just repeat offenders;
• A law requiring mandatory BAC testing for drivers involved in fatal crashes;
• A law banning open alcoholic beverage containers in vehicles.

The 2013 study covers a wide range of traffic safety issues, but given that Tennessee has problems in particular with teen drivers and DUI offenders, we’ll focus there.

Tennessee is not alone in its lack of protection for teen drivers. In fact, only 12 states and D.C. have a “green light” rating for teen driving laws, though no state has yet adopted all of the optimal GDL recommendations.

In Tennessee, traffic fatalities from 2006 through 2011 involving a driver between the ages of 15 and 20 topped 1,120. GDL programs allow teens to gradually learn important driving skills in phases, and have proven effective in reducing teen crashes and deaths.

The federal government offers grants for implementation of such laws, provided they include a learner’s permit stage lasting six months, during which time drivers are barred from cell phone use behind the wheel. There must also be an intermediate stage that lasts until the driver is 18, during which passengers are limited to one non-family member under the age of 21. Nighttime driving is also restricted.

With regard to impaired driving, Tennessee is the only state in the country to receive the lowest “red light” rating. In 2011, more than 30 percent of all traffic fatalities involved alcohol, with nearly 10,000 people killed as a result.

Incentives to enact drunk driving legislation include money for high visibility enforcement campaigns, interlock ignition programs, improved BAC testing, DUI courts and judicial training programs.
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If you are having sleep problems, you aren’t alone. In fact, according to new data from Money News, there are as many as 70 million Americans who have insomnia, sleep apnea or other issues that make it impossible to get a good night sleep.

Unfortunately, all of these tired Americans could be putting themselves in danger. Getting an insufficient amount of sleep contributes to obesity, high blood pressure and other physical ailments. Of more immediate concern, however, is grave dangers of drowsy driving.

If you are one of those Americans who is facing sleep struggles, it is very important that you understand just how dangerous drowsy driving can be. Our Knoxville injury attorneys understand fatigue is often an undetected factor in serious or fatal traffic collisions. When we are tired, we simply don’t react quickly to dangers on the road. A new study shows just how widespread the risks are and is cause for concern for every driver.

Are Sleep Disorders on the Rise?
Money News reported that around 70 million Americans are suffering from sleep issues; it also indicated that many of those who have sleep problems are trying to get the help they need.

In fact, so many Americans have sought help that the American Academy of Sleep Medicine announced in December that they’d accredited their 2,500th sleep center. With this new accreditation, the number of sleep centers has significantly increased since the Academy started accreditation in 1977. In just the last ten years alone, the number of sleep centers has doubled.

While it could be seen as good news that more sleep centers mean more people are getting help with their sleep problems, the increase in demand for medical services related to sleep problems can also serve as an indicator that the problem of sleep interruption is becoming more widespread.

Why Are More Tired People a Problem?
Anyone who has trouble sleeping, including those working to overcome their sleep disorder, need to be aware that their fatigue can have consequences. If a drowsy person gets behind the wheel, this increases the chance of an accident significantly since the driver may be likely to nod off. A fatigued driver will also be less capable of thinking clearly or reacting quickly in an accident. The dangers of drowsy driving are so significant that drowsy driving may be just as serious as drunk or impaired driving.

Unfortunately, a new study conducted by the Centers for Disease Control (CDC) and Prevention discussed in the New York Times indicates that many people are engaging in this dangerous behavior. The study was conducted across 19 states and D.C. and involved asking 147,000 people to complete detailed questionnaires. According to the data collected:

• More than 5 percent of younger drivers (ages 18-44) said they’d fallen asleep while they were driving in the past month preceding the survey.
• 1.7 percent of drivers 65 or older said they’d fall asleep in the preceding month before the survey.
• 4.2 percent of all drivers surveyed reported falling asleep at least one time while driving in the month prior to being surveyed.

With so many people falling asleep, it is easy to see why there were 730 deadly crashes in 2009 that involved a fatigued driver. Unfortunately, with more people than ever before facing sleep problems, the number of drowsy drivers — and of drowsy driving deaths — may only continue to increase.
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Auto accidents happen every day in the state of Tennessee. Unfortunately, a huge number of these crashes happen because drivers are careless, aggressive or irresponsible in the decisions they make behind the wheel.

Our Knoxville personal injury attorneys believe that if everyone made a commitment to driving just a little bit more carefully, thousands of lives could be saved. As such, we encourage every driver to make an important New Years Resolution in 2013. We urge you to resolve that this year you’ll stop dangerous driving behaviors and make an extra effort to be safe behind the wheel.

The Tennessee Department of Safety Office of Records and Statistical Management keeps track of car accident data. In 2008, they released a comprehensive report on Traffic Crashes in Tennessee by Driver Actions and County. This report took a look at the top driver-related factors that led to crashes between 2003 and 2007. Using this report, we’ve identified some of the most dangerous driving behaviors that you should resolve to avoid in 2013.

Dangers Driving Behaviors to Avoid in 2013
According to the crash data from 2003 to 2007:

• A failure to yield the right-of-way was a contributing cause of 169,636 traffic accidents. To avoid these types of crashes, make a resolution to always come to a complete stop at a stop sign or at a red light intersection. Resolve to look carefully at the intersection before entering and not to cut other drivers off or try to make a quick turn when you aren’t certain of the other car’s speed. We pass dozens of intersections each day with indifference. The truth of the matter is that these are the most dangerous locations on the road.
• A failure to stay in the proper lane or running off the road was a driver-related contributing factor in 157,321 traffic crashes. Failure to remain in your lane can occur for a lot of reasons, from speeding and losing control of the car to not paying attention to the road, to inclement weather conditions. Resolve to always paying careful attention and driving at a safe speed for road conditions.
• Following improperly was a factor in 151,765 accidents. This refers to tailgating or following too closely behind the car in front of you. To avoid accidents caused by following improperly, resolve to leave a safe distance between your car and the vehicle in front. Usually, three to four seconds is a safe distance, which means when the car in front of you passes a fixed object, you shouldn’t pass that same object until at least three to four seconds have passed. This will give you plenty of time to stop and avoid a crash.
• Driver inattention was a contributing factor in 52,707 crashes. To avoid these types of accidents, make a resolution to always pay careful attention to the road. Don’t use your cell phone, definitely don’t text, don’t enter info into a GPS when driving and don’t do other things that cause you to take your eyes off of the road.

These are some of the most dangerous driving behaviors that lead to a high number of crashes. You should resolve not only to avoid these behaviors but also to exercise reasonable caution and care and to obey all safe driving rules in 2013. By making, and keeping, this resolution, you can do your part to keep yourself safe on the road.
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The Tennessee Department of Transportation has a pamphlet on its website called Decisions for Tennessee’s Senior Drivers. The purpose of the pamphlet is to help seniors (and their families) make an informed choice about whether the senior is still capable of driving.

This pamphlet is published because Tennessee recognizes that seniors may at some point lose their ability to drive safely. The fact that senior drivers do become a potential hazard is a cause for concern, and this issue will become a very important one as baby boomers age and the make-up of the driving population changes.

Our Knoxville injury attorneys believe that understanding the impact of an aging population on the roadways is very important. While one recent status report published by the Insurance Institute for Highway Safety indicates that the aging population may not present the increased accident risk that everyone feared, it remains important for every family to keep an eye on the behavior of aging loved ones in their lives.

IIHS Data and the Changing Driving Mix
According to IIHS, there is a coming increase in the number of potentially eligible drivers (those in the U.S. over aged 15). From 2010 to 2030, the number of people who can drive legally in the U.S. is expected to increase by almost a fifth.

Despite this increase, the number of drivers within the majority of age groups will be declining. Data is kept on the number of drivers within each five-year age group (i.e. 15-19 year olds; 20-24 year olds and so on). In upcoming years, the number of potential drivers in each of these different five-year age groups will be declining (so the number of 15-19 year olds will go down; the number of 20-24 year olds will go down, etc.).

This decline, however, does not apply to those five-year age groups over age 65 (i.e. 65-69 year olds; 69-71 year olds, etc.). This means that those in the 65+ age groups are going to represent a larger percentage of the driving population.

This changing mix of drivers matters because, historically, those over age 70 had a higher rate of fatal crashes per mile driven than those under age 70. Further, although teen drivers ages 15-19 had the most insurance claims of any group, the number of claims declines from 19 straight through until age 65, when the number of claims starts to increase again. More older drivers, therefore, may mean more injuries, insurance claims and traffic deaths.

IIHS data, however, indicates that this may not be the case. The institute reports, for example, that there has been a 30 percent decrease in the rate of fatal auto accidents involving those ages 70+ during the years 1997 to 2008. Further, they report that data shows that the number of claims per 100 miles driven is going to remain largely steady. This number is expected to stay between 6.12 claims/hundred insured cars to 6.16 claims/100 insured cars. The slight increase, they say, is attributed to the fact that there are more drivers in general, not just more older drivers.

Keep Your Family Safe
While the aggregate data may show no increased risk of a driving population that continues to age, this is just one study. Seniors should be realistic about when they can no longer drive. And families should be watchful in case a senior doesn’t recognize that he/she is no longer capable of operating a vehicle in a safely.
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On December 5, 2012, the Director of the Tennessee Governor’s Highway Safety Office joined state and local law enforcement in an event honoring the memories of those who lost their lives to drunk driving in the state. HobNob Franklin reported on this event, which was part of law enforcement’s efforts to curb drinking and driving over the holidays.

Unfortunately, drinking and driving is rampant over the year-end holiday period, with Auto Guide reporting that New Year’s is the worst day of the year for drunk driving accidents. Our Knoxville personal injury attorneys urge every driver to remember how dangerous drunk driving is and to make sure to stay safe and sober on New Year’s and every other day of the year.

Drunk Driving a Holiday Risk in Tennessee
According to Mothers Against Drunk Driving, 257 people were killed in accidents involving an intoxicated driver in Tennessee in 2011. While these 257 deaths occurred throughout the year, New Year’s is an especially dangerous day due to the large volumes of people on the road and the large number of those who choose to drive drunk. In fact, according to Auto Guide, nearly half of the drivers involved in fatal New Year’s crashes were intoxicated at the time.

Tennessee law enforcement is trying to cut down on the number of drunk driving accidents and injuries or deaths that occur over the holidays. The press conference to honor those killed by drunk drivers was just the beginning of their efforts. The Governors Highway Safety Administration, as part of their Drive Sober or Get Pulled Over campaign, has also announced that there will be increased patrols as well as increased public safety announcements warning of the dangers of holiday drunk driving.

Stay Safe and Stay Sober
Getting pulled over for drunk driving would be bad news, but getting into an accident and hurting someone would be even worse. To avoid both fates and to make sure you have a safe holiday:

• Either avoid drinking at your celebration or take a designated driver with you.
• Consider alcohol-free celebration events where you won’t have to worry about driving drunk.
• Have money for a cab and a phone number to call one in case you get stuck without a ride.
• Watch your friends for signs they might be drunk and make sure they don’t drive.

Parents of teenagers also need to take special steps to make sure their kids don’t drink and drive. Drive On recently published an article indicating that one in ten teens responding to a survey had driven while under the influence the prior New Year’s Eve. Be sure you check where your kids are going to be, confirm that they’ll be supervised, and offer to drive them yourself so they don’t get into a car with someone who is drunk.
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The overall number of traffic accident fatalities dropped about 2 percent in 2011, according to statistics released this week by the National Highway Traffic Safety Administration (NHTSA).

However, we saw increases in the number of accident fatalities among bicyclists, motorcyclists and pedestrians. Still, officials boast about this being the lowest overall number of road deaths since statistics were first recorded back in 1949.

“Even as we celebrate the progress we’ve made in recent years, we must remain focused on addressing the safety issues that are continuing to claim more than 30,000 lives each year,” says NHTSA’s Administrator David Strickland.

Our accident attorneys in Knoxville understand that officials continue to push safety campaigns as a means of education the public and reducing the risks. Unfortunately, all of these campaigns are useless without the participation of travelers. According to Ray LaHood, the Secretary for the U.S. Department of Transportation, officials have been pushing their distracted driving campaign for years now. Still, distracted driving saw a near 2 percent increase in 2011.

Tennessee was recognized in the recent NHTSA press release for being one of the states with the highest decrease, seeing about 85 fewer fatalities in 2011 than in 2010, but we’re still falling victim to accidents involving our more vulnerable travelers. Drivers are just too caught up in themselves nowadays to keep their full attention on the road.

If you look closely at the trends from both 2010 and 2011, you’ll see that people were traveling less in 2011. We were all feeling the effects of the struggling economy and higher gas prices and we traveled less because of it. Travelers were also looking for more cost effective ways to get around, causing more people to use bicycles, motorcycles and their own two feet — hence the increase in the number of these kinds of fatal accidents.

Another contributor to these kinds of accidents is the design of many of our roadways. They were created with one thing in mind — getting vehicles to where they’re going fast! Not many of our roadways were created with considerations for bicycles or pedestrians. The design of these roadways put these travelers in serious risks for accidents.

Tennessee may have seen a more than 8 percent decrease in the number of traffic accident fatalities from 2010 to 2011, but we’re far from done. We’re calling on all travelers to be more cautious out there. No one goes out looking for an accident, but they happen. Drivers are asked to be more cautious of other travelers on our roadways. Remember that we all have rights to our roadways and those rights need to be respected. Slow it down, drive with compassion and help to make out streets safer for everyone. It’s completely achievable, but it takes a group effort.
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The month of December and the rest of the winter season is a time when we see an increase in the number of traffic crashes.

This happens for a couple reasons. First, we have the onset of winter weather conditions. We’ve got snow and ice on our roadways — and even that morning skim can leave slick patches on the road.

Then we’ve got the increase in traffic with the holiday travel season. Our car accident attorneys in Maryville are asking drivers to be extra cautious on the road through the remainder of the year. Preparation and safe driving habits are going to help to keep you out of a potentially fatal winter car accident this season.

Statistically speaking, you are most likely to be involved in a weather-related accident at winter’s onset. According to recent studies, winter weather causes close to 2 million car accidents each and every year. Conditions can change quickly and causes vary.

Common Winter Road Hazards:

-Black Ice: This is the condition that causes the most collisions. Black ice can fool drivers because it appears as just water on the road. It’s a thin layer of ice that’s super slippery. It’s most likely to be found under bridges and in shaded areas of the roadway. Often it presents the most risk during morning commutes to work or school.

-Blowing Snow: This creates a number of dangerous driving conditions. First of all, it can significantly decrease your visibility. It can also melt on streets and form ice.

-Frozen Roads. Remember that Overpasses and bridges are the first to freeze. When driving along these roadways, be sure you slow down and leave plenty of space between you and other vehicles.

Before you head out, make sure you check in with the Tennessee Department of Transportation’s (TDOT) Smartway Mobile website. This is a tool that allows travelers with smart phones to check weather, road and other travel conditions throughout the entire state. There’s even live traffic video, construction information, weather advisories and forecast information. If you didn’t get a chance to check it out, or don’t have a smart phone, you can get all of this information on displays posted on overhead dynamic message signs throughout the state.

Transportation officials are also asking you to keep an eye out for snow plows and other ice-removal efforts. Steer clear of these machines and allow road crews room to work. They’re out there helping us, let’s help them by practicing safe driving.

“This year, we have taken steps to ensure we have the supplies we need to keep our roads clear of ice and snow,” said TDOT Commissioner John Schroer.

Lastly, we want you to be ready before you even pull the car out. Make sure that your windows and your mirrors are clear so that you can see where you’re going. Clean off your headlights and your taillights to improve visibility for yourself and to help other vehicles to see you. Make sure your tires are properly inflated and that the tread is not too worn. Keep your tank at least half full at all times.
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The National Transportation Safety Board has released it’s Top 10 list of safety improvements — and 2 of the top 3 are in your hands.

NBC News reports vehicle collision prevention, operator distraction and impaired driving round out the top three.

Our personal injury attorneys in Knoxville recently discussed autumn accident risks, including early darkness, aggressive driving and bad weather.

The truth of the matter is that darkness and the stress of the holidays amplify the risks associated with all sorts of poor driving decisions, and certainly driving under the influence of alcohol or driving distracted are chief among them.

NTSB’s Most Wanted Safety Improvements

Collision-Avoidance Technology: The National Highway Traffic Safety Administration should require vehicle manufacturers to include an array of available crash-avoidance technology on vehicles. While manufacturers continue to test vehicle-to-vehicle crash-avoidance systems, the industry has largely engaged in foot-dragging when it comes to mandated safety technology. Rear-view cameras, which could drastically reduce the risk of backover parking lot risks, are just one example. The industry has thus far successfully stalled an NHTSA initiative that would have required such technology be installed in all new cars beginning in 2014.

Operator Distraction: As we reported recently, Tennessee is one of two dozen states with a hybrid distracted driving law (underage drivers are prohibited from using cell phones while adults are only forbidden from text messaging). These types of laws continue to make enforcement difficult. Nationwide, the Governors Highway Safety Association reports 10 states have banned all hand-held cell phone use — nearly 40 have banned text messaging. The NTSB continues to push for a ban on all non-essential cell-phone use by drivers, as well as those operating buses, vessels, trains and planes. The nation’s lead transportation safety organization is also pushing for cell-phone companies to develop technologies that disable the devices when in the hands of someone operating a moving vehicle.

Driving Under the Influence: The NTSB is pushing for the development of technologies that can identify drivers under the influence of drugs, as well as additional in-car technologies like ignition interlock devices, which have been proven to reduce the risk of serious and fatal accidents involving intoxicated drivers. Tennessee drunk driving accidents were responsible for about one-third of the state’s 1,031 traffic deaths in 2010.

The NTSB, which is responsible for investigating civilian aircraft accidents as well as significant accidents involving other modes of transportation, would also like to see improvements in airport runways, general aviation, intercity buses, the nation’s aging transportation infrastructure, pipelines, train-control technology and fire prevention and suppression.

Certainly the cause of many traffic crashes are out of your control. But we can all improve our chances when it comes to arriving home safely. Remember the big three — speed, distraction and intoxication — which are responsible for the most number of serious and fatal accidents.

Be extra careful after dark and in bad weather. And allow yourself plenty of time to reach your destination safely.
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