Tennessee Injury Attorney Blog

A New Jersey state appellate court recently held that liability in a Distracted Driver lawsuit may attach to the person sending a text message to the distracted driver. This was a case of first impression in New Jersey, and the first known ruling extending the liability of texting while driving to a “remote texter.”

The case arose from a 2009 accident in which a pickup truck driver, reading a text message from a friend, veered off the road and hit a couple on a motorcycle. Both of the individuals on the motorcycle lost a leg. The couple sued both the driver and the sender of the text message. After settling with the driver, the plaintiffs claimed that the sender of the text was also responsible for the accident. The trial court dismissed the claim against the remote texter stating that a remote texter does not owe a duty of care to the couple since the remote texter was not near the accident. The duty of care is one of four elements required in negligence claim for personal injury. The couple appealed the claim.

A three-judge panel from the Superior Court of New Jersey’s appellate division held that a remote texter does owe a duty of care since her or she is “electronically present” in the vehicle. They compared the remote texter to a passenger who causes a driver to become distracted. The court ruled that the remote texter would have to know or have special reason to know that the recipient would view the text while driving in order to be liable.
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On September 19th, the Knox County Sheriff’s Office took part in the “It Can Wait” campaign during the national “Drive 4 Pledges Day.” The Sheriff’s Office set up and tended a “Drive 4 Pledges Day” booth on the Knoxville Market Square mall.

“Drive 4 Pledges Day” is a national campaign bringing awareness to the dangers of car accidents caused by texting while driving.

The event, sponsored by AT&T wireless and supported by the U.S. Department of Transportation, encourages drivers to take a pledge to never text and drive. The pledge not to text and drive can be made at http://www.itcanwait.com. The Knox County sheriff even tweeted a picture of himself signing the pledge.
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A 40-year-old woman was killed in a Knoxville car accident when she rear-ended a tractor-trailer that was slowing down as a result of a traffic jam caused by an earlier crash involving a drunk driver.

This incident has spurred the comment boards on local media sites to buzz with activity. There are many varying opinions about who should be at-fault. Some say the deceased was in the wrong. Others say the drunk driver who caused the initial crash (which was not fatal) should be held responsible for the death in the second crash.

Our Knoxville injury attorneys recognize that the latter is not a likely scenario, particularly in the criminal justice system. Despite the domino effect, these were two completely separate incidents. However, it is possible that the driver of the tractor trailer could be held liable, if certain conditions applied. But the case illustrates the complexities of determining fault in multi-vehicle collisions.
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A female passenger was killed in Rockwood, after troopers say she was ejected from her vehicle.

Authorities say the driver over-corrected three times before spinning and flipping off the road and then slamming into a tree and a utility pole. The 54-year-old passenger was pronounced dead at the scene, while the 50-year-old male driver faces numerous charges.

Our Knoxville injury lawyers recognize vehicle rollover and vehicle ejection are leading causes of fatal injuries.
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In the horrifying wake of a massive train wreck in Spain that claimed the lives of at least 78 passengers, many are seeking answers.

Our Tennessee car accident lawyers understand that while the investigation is still underway, witness reports have placed the speed of the train at about 120 miles per hour – more than twice the speed limit for the track.

Some news outlets were reporting that, last year, the driver had posted a photo on his social media site of his train speedometer at 125 miles per hour. Numerous friends and acquaintances scolded him for taking such a risk, but apparently, he continued to do it anyway.

A recent Daily Beast article raises the question of whether men in particular have a “deadly need for speed.”

According to the National Highway Transportation Safety Administration, speeding is one of the greatest contributing factors in fatal crashes, accounting for more than a third of all traffic-related deaths.

But is it fair to single out the male gender as being the main culprits behind speed-related crashes?

In a word, yes.

A recent report by the Governors Highway Safety Association contends young males are overrepresented when it comes to speed-related crashes. Men between the ages of 16 and 40 are at especially high risk, particularly in rural areas, on the weekends at night.

In the U.S., speed was cited as the primary factor in 10,530 traffic-related deaths in 2010.

The World Health Organization reports that 75 percent of all car-related deaths involve male drivers.

Part of it may be a side effect of our modern society. We have become a society of thrill-seekers, and psychologists say this can be a powerful and sometimes even addictive impulse. Given that men are more likely to be reckless drivers in the first place, the combination of these two can be deadly.

In 2011, another train wreck – this one involving a mini-train intended for children at a South Carolina amusement park – resulted in the death of a 6-year-old boy. The male driver told officials he knew he’d been driving too fast at the time of the crash. The train derailed and in addition to the death, some 20 children were seriously injured.

On public roads, we are seeing many states post higher and higher speed limits – sometimes up to 85 miles per hour in some areas – which isn’t likely to help the problem. Numerous studies have shown that raising the speed limits on highways increases the number of traffic deaths.

Researchers say combating the problem will take not only increased speed enforcement efforts, but also aggressive driving reduction efforts. Additionally, the GHSA recommends informational campaigns that target the cultural notion that speed is an acceptable – even desirable – driving habit, particularly among young male motorists.
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