Tennessee Injury Attorney Blog

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

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

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

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

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

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

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

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

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

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

The bottom line is cell phone use while driving is dangerous — particularly if a driver is text messaging. If you can’t stop reaching for your phone, the insurance industry will have you reaching for your wallet.
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