Tennessee Injury Attorney Blog

Published on: March 9, 2012

In Knoxville Motorcycle Accident Liability, Helmets Not an Issue

A bill that would have eliminated the requirement for motorcycle riders to wear helmets in Tennessee has been shelved this legislative session.

Those against the bill say wearing a helmet dramatically curbs the risk of serious injury in the event of a Knoxville motorcycle accident. Proponents of the bill, meanwhile, believe that the decision about whether to wear a helmet should be a personal one, not dictated by politicians.

Knoxville personal injury attorneys know this much: Whether the motorcycle is wearing a helmet holds no bearing on the liability of the other party in the event of a crash. What that means is that if you are involved in a crash, regardless of whether you are wearing a helmet, you can still move for legal action against the at-fault driver of the other vehicle. An experienced attorney can help you weigh all the options.

Still, the helmet issue was one that both sides were quite passionate about.

The Motorcyclist Liberty Restoration Act would have ended the requirement for riders over the age of 21 to wear a helmet in the state of Tennessee.

On the one hand, you had Libertarians, who viewed the issue as one of civil freedoms.

Rep. Glen Casada, R-Williamson County, was one of the bill’s co-sponsors. He was quoted as saying that government should not serve as mother and father to its citizens. The mandate that all motorcyclists wear helmets was taking things one step too far.

In repealing the law, supporters said it would boost the state’s tourism numbers, as more riders would begin flocking to the state.

On the other side, you have safety advocates, who said that helmet laws helped taxpayers avoid millions of dollars in expenses when riders suffered serious and long-lasting injuries. One study analyzed helmet use in states that had repealed their helmet requirement laws. They found that helmet use did indeed decline, and the number of motorcycle fatalities rose by some 30 percent.

Dr. Blaine Enderson of the University of Tennessee Medical Center, recently wrote an editorial that appeared in The Tennessean. He said that while he supported personal freedom of choice, motorcyclists don’t live in a bubble, and the choice of whether to wear a helmet is one that could affect their family, their employer and the community at-large.

A spokeswoman for the Tennessee Nurses Association was quoted by the local press as saying the issue is no different than laws that require vehicle occupants to wear seat belts.

Using this comparison, our Tennessee injury attorneys would note that just because a person isn’t wearing a seat belt at the time of a crash, it doesn’t release the other at-fault driver from being held legally accountable. It’s the same with motorcycle riders.

The truth of the matter is, the majority of motorcycle accidents are caused by drivers who either aren’t paying attention or aren’t being respectful of these two-wheeled vehicles sharing the roadway. In these cases, it’s important to have an experienced attorney who will fight to win you the compensation you deserve.
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Published on: March 6, 2012

Tennessee Injury Watch: Baker v. St. Paul Says You Cannot Double Dip

By Mark Hartsoe

The law governing work-related injuries is very complicated and can be confusing. It is challenging to understand what to apply for and with whom. When you are injured and need medical attention, navigating through all of the rules can be disheartening. If you are confused about the benefits you are entitled to, you can very easily make a mistake that can leave you without the help you need. A Knoxville injury attorney can ensure your rights are protected in the wake of an accident.

The First Circuit Court of Appeals decided a case where there was confusion about whether an injured worker could collect from both Worker’s Compensation and their employer’s insurance company. In this case it was held that a Massachusetts person could not recover for work related injuries under both Worker’s Compensation and an employer’s uninsured/ under-insured motorist (UIM) insurance coverage. However, the court created an exception for when the employer “explicitly purchased” the UIM coverage with the intention of protecting their employees. Baker v. St. Paul Travelers Ins. Co.

Essentially, the court said that UIM coverage in the case of a work-related injury is dependent on the employer’s intent when purchasing the insurance coverage. If the employer’s reason for purchasing the UIM coverage was to protect their employee in the case of injury during work, then the employee can recover from both Worker’s Compensation and the employers UIM insurance carrier. However, if the employer did not intend for their employees to be covered or even if the employer did not think about coverage for their employees then the employee cannot recover benefits from both their state Worker’s Compensation and their employers UIM insurance carrier. There is only a tiny distinction between instances where you can collect from both and instances where you can not. While this particular court ruling does not apply in Tennessee, it illustrates the complexities involved in seeking justice after a serious or fatal accident.

The decision in Baker arose in 2002 when Heidi Baker, who was employed by Safety Source Northeast (Safety), was severely injured in an automobile accident that caused by a third party while she was doing her job. Baker first applied for and collected Workman’s Compensation benefits. These benefits were not enough to cover her bills so she later applied for benefits under the UIM provision of the commercial automobile insurance policy her employer had with St. Paul Travelers Insurance Company (St. Paul). Unfortunately, Baker was not aware of the benefits she was entitled to and she was left without the recovery she needed to pay for the cost and expenses incurred because of her injury.

MA law says that a person cannot file claims under both Worker’s Compensation and an employer’s UIM insurance coverage except when an employer “explicitly purchased” the UIM coverage to protecting their employees. In this case, the President of Safety testified that was is solely in charge of purchasing commercial automobile insurance for the company, yet he was “unaware” of the UIM coverage under the Safety policy.

Through this testimony the court determined that the employer did not have the intent to protect their employees with this insurance, and therefore Baker was left without this assistance. The insurance company won this case and it was decided that the victim could not receive benefits from both Worker’s Compensation and her employer’s insurance policy.

In cases of work-related injuries the guidance of an experienced and trustworthy attorney is invaluable. Medical costs are high and the cost of a work-related injury can seriously impact your life. The application process and receipt of benefits can be confusing, and it can be difficult to determine what assistance you are entitled to. Especially when driving is a job duty, employees need to be aware of their employer’s insurance coverage and how it applies to them. Additionally, there are even some states, such as MS, that have laws that limit your recovery. If you are ever involved in a job related injury you must know your state Workman’s Compensation law and the rules governing your insurance policy before you enter a claim. When leaving these concerns to a dedicated attorney, you can concentrate on getting better.
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Published on: February 26, 2012

Knoxville Trucking Accidents Partially Blamed in Rising Teen Deaths

By Mark Hartsoe

Trucking accidents in Knoxville and across the country are part of the reason more teenagers are losing their lives behind the wheel.

A new report released by the Governors Highway Safety Association indicates that for the first time in 8 years, teen driver deaths overall were increasing. For the first six months of last year compared to the first six months of 2010, there was an 11 percent increase in the number of teen drivers killed nationwide. That includes statistics analyzed from all 50 states, as well as Washington D.C.

While our Knoxville trucking accident attorneys understand the report doesn’t specifically break down how many of those were due to accidents involving big rigs, based on previous research, it is safe to say crashes with large trucks were at least partially to blame.

In fact, the National Highway Safety Association reported that between 1975 and 2005, more than 7 percent of all those killed in large trucking accidents were aged 17 and under. Drivers aged 18 to 25 accounted for 17 percent of all trucking accident fatalities – a larger portion than any other age group.

The new report from the governor’s association found that in a state-by-state examination of teen fatalities, driver fatalities for 16-year-olds increased by 16 percent, while driver fatalities for 17-year-olds is up by 17 percent. Overall, 19 states (including Tennessee) reported some decrease in fatalities, while 23 states reported a marked increase. Some states, including Florida, North Carolina and Texas, reported a skyrocketing increase.

Researchers pointed to the fact that the benefits of graduated driver’s license programs, such as the one implemented in Tennessee in 2001, are beginning to level off.

While many fatal trucking accidents in Knoxville involve truck driver error (most commonly, failure to maintain proper lanes, speeding or distracted driving), it pays for teens to be educated in how to maneuver around these large vehicles.

The fact is that when a passenger vehicle is involved in a wreck with a big rig, there is an increased chance that the injuries will be more severe or result in death.

This underscores how critical it is for parents to have some discussion with their teen about how to drive safely around large trucks, as they don’t operate under the same laws of physics as passenger vehicles.

The Geico Educational Foundation, an arm of the car insurance company, recently released an easy-to-read brochure that breaks down some of the ways teens can be sure to avoid a Knoxville trucking accident.

The brochure first goes over the basics of any safe driver: Don’t speed, drive aggressively or allow yourself to be distracted by your friends or cell phone.

Secondly, it urges teens to avoid the trucker’s blind spots. These cover pretty wide swaths of roadway around the truck, but the best rule to follow is to make sure you can see the trucker’s mirrors. If you can’t, the trucker can’t see you.

Thirdly, if you plan to pass a large truck, make sure you can see the front of the rig in your rear view. Don’t ever flash your brights at a trucker to signal that you plan to change lanes. This can be very confusing, as it sometimes signals a police cruiser is up ahead. Either way, simply use your turn signal.

Finally, don’t stop suddenly in front of a trucker or swerve abruptly in front of him or her. Truck drivers aren’t able to slow or stop as quickly as someone in an SUV or passenger car. It’s better to give yourself plenty of space so this won’t be an issue.
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Published on: February 15, 2012

Man Eludes Death Following Train Accident in West Knoxville

By Mark Hartsoe

A local driver is counting his blessings today! He was able to avoid a potentially fatal car accident in West Knoxville when he escaped his truck just after it got stuck on the train tracks. After he made it out safely, the vehicle was hit by a 33-car CSX Corp. freight train. The accident happened near on Jackson Road, near Amherst.

“He wasn’t trying to beat the train, he just got stuck there on the tracks,” said Knoxville Fire Department spokesman Capt. D.J. Corcoran.

Train tracks are the location of numerous fatal car accidents. In these situations, motorists often stand little to no chance surviving the impact of an oncoming train. Our Tennessee car accident attorneys ask that all residents be cautious when traveling near trains and their tracks. While you may think you’d be able to see a train coming and escape its path, that’s not always the case. Some statistics conclude that a train and a car collide every 12 minutes in the U.S. This means that about 9,570 train accidents happened in 2009. Of these accidents, it’s estimated that nearly 650 people were killed and another 6,670 people were injured. More than 95 percent of these accidents happened at rail-highway intersections and in trespassing instances.

Neither the truck driver nor the operator of the train involved in the West Knoxville train-truck accident is facing any charges, according to Knox News.

According to Knoxville Police Department spokesman Darrell DeBusk, the flatbed truck was carrying an earth mover. It was heading southbound on Jackson when it was struck. The train was heading eastbound and unable to stop before hitting the truck.

The driver of the flatbed truck said he heard the warning bells and saw the railroad crossing arm descending. At that point, he jumped out of his vehicle. He said there was no other choice. The company owning the flatbed called its hazardous materials team to the scene of the accident for cleanup. After the collision, diesel fuel leaked out onto the tracks and the roadway. The train was carrying ethanol and butane. Thankfully, the cars carrying these materials were further back and not affected by the crash.

In the state of Tennessee there are nearly 2,820 public at-grade railroad crossings. To help to reduce the risks of motor-vehicle accidents in these locations, the Tennessee Department of Transportation previously launched a safety campaign. This safety campaign consists of posters and billboards scattered throughout areas near high traffic railroad crossings. These signs are to remind pedestrians and drivers to be alert near crossings and railroad tracks.

In 2009 and 2010, there were nearly 100 train-vehicle accidents in the state of Tennessee. In these accidents, five people died and more than 25 were injured.

Drivers are asked to use caution near all train tracks, but especially at ones near rail-highway intersections. Never attempt to cross train tracks unless you’re sure you can make it all the way across. If you see a train coming, stop a significant distance from the tracks to avoid a collision. Turn your radio down when approaching these areas so that you can hear your surroundings, too. Accidents with trains are highly preventable with the proper safety precautions. Be careful out there and stay alert.
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Published on: February 7, 2012

Photos at Sobriety Checkpoints to Convey Message of the Dangers of Drunk Driving in Tennessee

By Mark Hartsoe

A drunk driving car accident in Tennessee 41-years-ago is remembered by signs on the side of the road on Murfreesboro Road near Clovercoft Road. That night, the lives of two residents changed forever. A woman involved in the accident, who was seven months pregnant at the time, remembers it vividly. She says her husband, herself, their daughter and their nephew were heading back from a peach-picking trip is Nashville when a drunk driver crashed into the car. Their 19-month-old nephew and their 4-year-old daughter were killed in that accident.

The pregnant passenger suffered from a broken neck and burns on almost three-quarters of her body. Her husband was badly burned as well.

Our Tennessee drunk driving car accident attorneys understand that the Franklin Police Department conducted its very first sobriety checkpoint this last Saturday to help to reduce the risks of anymore accidents like that one. The funds for the checkpoints were provided by the Governor’s Highway Safety Office. That checkpoint was dedicated to the family, which has been mourning their run-in with a drunk driver for more than 40 years. Pictures of the woman, the husband and the pair’s daughter, who was born prematurely and blind, were on display at that site of the DUI checkpoint, according to The Tennessean.

As this family is all too painfully aware, the consequences of drunk driving can last a lifetime.

“This kind of shows more of a powerful reason of why we are out there,” said Franklin Police Officer Rachel Gobe. “We are out there for a reason: to save lives.”

The woman involved in the drunk driving accident was the national president of Mothers Against Drunk Driving (MADD) and started the organization’s Tennessee chapter back in 1981. She even appealed to President Clinton, asking him to lower the drunk driving limit from .10 to .08 blood alcohol concentration (BAC). That national standard was passed late in 2000.

Although she is no longer the national president of the organization, MADD is still going strong in its fight against drunk drivers across the nation. According to a recent press release from MADD, new legislation is being pushed to require everyone convicted of drunk driving to install ignition interlock devices, or machines that measure a driver’s blood alcohol content. The vehicle won’t start if the driver has been drinking. The majority of drunk driving car accidents are caused by repeat offenders. The interlock devices would help to make sure these motorists won’t be drunk on our roadways.

“While drunk driving remains the primary threat to American families traveling on our roadways, we are closer than ever to making sure no family must endure the pain of losing a loved one to this 100-percent preventable crime,” said MADD National President Jan Withers.

These devices are one of the most beneficial components of the Campaign to Eliminate Drunk Driving®. The passage of laws requiring these devices for all offenders have already reduced the risks of drunk driving-related fatalities, as observed recently in Arizona and Oregon.

Ignition interlock devices save lives and save taxpayer money. For an offender who has been sentenced to use an interlock device, the user has to dish out about $2.25 for each day for its use. Researchers conclude that for every dollar invested in these devices for a first-time offender, it saves the public about $3. When you consider that drunk driving accidents cost the nation more than $130 billion every year, the fees required by these convicted drivers is a small price to pay to help ensure roadway safety and to help to reduce the risks of alcohol-related traffic accidents.

Lastly, MADD is hoping to get the ROADS SAFE Act into legislation. This act could help to offer research funds to those creating Driver Alcohol Detection System for Safety (DADSS). Both the National Highway Traffic Safety Administration and the Automotive Coalition for Traffic Safety are working to advance this potentially life-saving technology.
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Published on: February 2, 2012

Tennessee Department of Transportation Working to Reduce Risks of Knoxville Drunk Driving Car Accidents Over Super Bowl Weekend

By Mark Hartsoe

“Real Fans Don’t Let Fans Drive Drunk” is the message to remember this Super Bowl Sunday. The Tennessee Department of Transportation, Tennessee Department of Safety and the Governor’s Highway Safety Office (GHSO) are all pushing that message during Super Bowl XLVI. It’s the second most dangerous day to be on our roadways. It ranked in at second place, just behind New Year’s Eve for having the most fatal car accidents in Knoxville and elsewhere. Prepare to cheer on your favorite team Sunday and prepare yourself to avoid a potentially fatal accident.

“This Super Bowl Sunday, we want to see zero alcohol-related fatalities in Tennessee, so you will see more troopers in more places looking for people who break the law. Make sure you come out a winner this Super Bowl weekend. Designate a sober driver or take a cab home if you’ve had too much to drink,” said Department of Safety Commissioner Dave Mitchell.

Our Knoxville drunk driving car accident lawyers understand that officers across the state will be out in full force in search of drivers who are under the influence of alcohol. Drunk driving car accidents are completely preventable, and we’re asking all residents to huddle up with family members and friends to come up with a game plan to keep everyone safe on our roadways on Sunday. Kickoff between the Giants and the Patriots is at 6:30 p.m. and residents are urged to have their rides situated before then. Make sure you have a designated driver or a safe place to stay if you’ll be drinking during the game.

In 2006, troopers made roughly 25 arrests for driving under the influence over the Super Bowl weekend. During this time, there were nearly 10 fatal accidents. One was alcohol-related. That number was down from the statistics from the previous year’s Super Bowl weekend. We’re hoping that these numbers can be brought down even lower.

Getting a ride home from a sober friend is always a winning play. There nothing safer than catching a ride with someone who is sober. It’s important to keep an eye on your loved ones, too. Make sure everyone you know is taking care of themselves on Super Bowl Sunday.

Tips for Going Out on Super Bowl Sunday:

-Most importantly, fans who will be drinking should find a designated driver before the game begins.

-Make sure your designated agrees to drink only non-alcoholic drinks.

-Drink in moderation over time. Drinking too much in too short of a time can make you sick and ruin your game day.

-Always wear your seat belt.

-Keep phone numbers to cab companies with you in case you or a friend is need of a safe ride.

-Eat plenty of food along with your alcohol consumption.

According to the Designated Driver poll from 2005, about 70 percent of drivers have either been a designated driver for someone or have ridden home with a designated driver. This means that nearly 150 million people know how to party responsibly. Let’s make this year’s stats reach 100 percent. Enjoy the game!
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Published on: January 31, 2012

Tennessee Traffic Safety: Are Your Aggressive Driving Habits Increasing Your Risk for an Accident?

By Mark Hartsoe

Are you an aggressive driver?

Most would answer “no” to that question. And yet the AAA Foundation for Traffic Safety estimates more than half of all accidents are caused by some form of aggressive driving. An experienced Knoxville injury lawyer can thoroughly review the facts and circumstances of your accident.

We recently reported on our Tennessee Injury Attorney Blog about the importance of conducting a through investigation into the facts and circumstances of a trucking accident. Doing so for a serious auto accident is no less important. Motorists should take pictures at the scene, and collect the names and contact information of any witnesses. Inspecting the damaged vehicles may also be important. In some instances evidence uncovered may include cell phone use, or that a driver was eating, applying makeup or otherwise distracted.

When we discuss aggressive driving, most people think of road rage, or other instances of assault or near assault. Those may even result in criminal charges. But aggressive driving has evolved to include a wide range of behaviors that show disregard for the safety of other motorists on the road. More than 90 percent of motorists view it as a serious threat to traffic safety.

They just do it anyway. Driving behaviors that may characterize dangerous or aggressive driving include:

Speeding
Red light running
Drowsy driving
Distracted driving
Drunk driving
Tailgating
Failure to use signal
Failure to yield
Failure to make a complete stop
Failure to obey traffic control device

All of these behaviors go toward proving negligence in a personal injury or wrongful death claim. Few “accidents” are truly “accidental.” Modifying driver behavior is the only thing that will significantly reduce accident rates. Start with your behavior. As we reported in December, the number of fatal Tennessee car accidents has increased as the economy has continued to improve.

And, while an increasing number of states are putting emphasis on passing distracted-driving laws, enforcement is another matter entirely.

Tennessee now has one of the most comprehensive text-message bans in the nation, according to the Governors Highway Safety Association. Primary enforcement permits law enforcement to stop a motorist caught text messaging, even if the driver is not committing another moving violation.

However, hand-held phone use remains legal behind the wheel. This makes enforcement of the law a challenge because officers often will not attempt to differentiate between a motorist dialing a phone (legal) and one sending a text messaging (illegal).

But whether an activity is legal and whether it is safe are different matters entirely. A healthy dose of common sense can go a long way toward keeping you out of an accident. Something as simple as allowing yourself extra time in bad weather, can make a real difference. When we are in a hurry, we are quickly impatient and are at increased risks of causing an accident. In fact, driving too fast for conditions is the leading cause of weather-related crashes.

As we close out January, take a minute to make a resolution to be a better driver in 2012.
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Published on: January 24, 2012

Reports of Nursing Home Abuse in Tennessee Shut Down Facility

By Mark Hartsoe

A number of complaints regarding nursing home abuse in Maryville resulted in approximately 100 residents being removed from the Colonial Hills Nursing Center. The nursing home allegedly lost its certification with the Centers for Medicare and Medicaid Services because of a number of problems it encountered in 2011, according to Canadian Business. These problems included some life-threatening deficiencies.

The director of health care facilities with the Tennessee Department of Health reported that two of the facility’s residents claimed to have been sexually assaulted. Other violations included patients becoming ill from overly-salted foods and complication from being given incorrect medications. The facility has been ordered to shut down and improve its standard of care before it can re-open.

Our Tennessee nursing home abuse lawyers understand that we depend on nursing homes to provide the proper care to our elderly loved ones, and that these centers have a responsibility to follow strict standards of care. Colonial Hills Nursing Center had nearly 165 residents in December when they were given the notification. Roughly 100 of those patients rely on Medicare and Medicaid. The Tennessee Department of Health ordered the facility to relocate those patients by early February.

State officials and the federal government will not pay for sub-quality care. After an investigation into the facility, there were nearly 100 pages of deficiencies identified at that one residence alone.

“This strips an individual of their dignity and respect. No one who is a vulnerable individual should be placed in this situation,” said the director of health.

Tennessee state officials believe the state has some of the finest health care professionals and health care treatment facilities in the U.S. While most of these professionals are caring and competent individuals, there are problems that can arise from faulty institutions. For this reason, the state’s Department of Health asks that you file a complaint if you feel that the treatment that you or a loved one is receiving from a nursing home in the state is unacceptable.

Tennessee Nursing Home Complaint Activity (2010):

-There were 325 licensed nursing homes in the state.

-Nursing homes received nearly 1,540 complaints.

-There were 300 nursing homes with one or more complaints filed. These homes accounted for more than 90 percent of all of the state’s nursing homes.

-There were nearly 40 nursing homes that had 10 or more complaints filed against them. These residences accounted for more than 11 percent of the homes.

-One nursing home went bankrupt.

-There were 12 homes that were cited with standard level care.

-Five nursing homes were cited and ordered to pay a total of more than $1,569,000.

-Five nursing homes had admissions suspended.

ThirdAge.com offers residents of Tennessee with a list of the top-rated nursing homes in Knoxville. Do your homework before choosing a nursing home facility for your or your loved ones.
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Published on: January 17, 2012

Advocacy Group and Local Teen Fight for Safer Roads to Reduce Risks of Car Accidents in Tennessee and Elsewhere

By Mark Hartsoe

According to a recent report, “The 2012 Roadmap to State Highway Safety Laws,” Tennessee is one of the country’s 18 safest states. Still, the latest statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that there were more than 1,030 traffic accident fatalities here in 2010. The 2010 statistics also illustrate an increase from the 986 who were killed in 2010. While our roadways may have been voted as some of the safest in the country, the number of roadway fatalities is in fact increasing.

According to KnoxNews, a teenage driver in the state is working to spread the word about the importance of safe driving habits to avoid car accidents in Knoxville and elsewhere. Joe Polakiewicz, the new advocate, is choosing to speak up about the dangers teens face on our roadways. The effort for safer roads came after Polakiewicz’s October 2010 traffic accident in which he reached down in his vehicle while traveling along Big Springs Road. He unknowingly swerved off of the road, over-corrected his vehicle, spun out and slammed into a tree on the other side of the road. This accident almost took his life. But he survived and now believes it happened for a reason: to promote teen driver safety.

Our Tennessee teen car accident lawyers have read the recent report, “The 2012 Roadmap to State Highway Safety Laws,” was conducted by the Advocates for Highway and Auto Safety in which researchers took a look at 15 road safety laws of all states. During the evaluations of each state, researchers looked at how well the state was able to adhere to the safety group’s grading scale. Through these ratings, Tennessee came out as one of the top 18 as it had followed 10.5 or more of the safety group’s 15 suggested laws.

The more safety laws a state has for its roadways, the safer motorists are. This is a good time to remember how beneficial these laws can be for teens who are just learning to drive. It’s vital to reiterate to our newly-licensed drivers the importance of keeping your hands on the wheel and your eyes on the road. Polakiewicz’s accident was completely preventable. But with his dedication to spreading the word of safe driving skills, safer roadways may be in the near future.

“I just feel that Joe’s survival is a miracle and maybe he survived for a reason,” Nancy Polakiewicz, the teen driver’s mother, told a reporter. “I need to tell his story to prevent others from going through that.”

Road Laws Evaluated in the Report:

-Three different laws to limit drivers’ ability to pack in the passengers.

-Having seven complete elements of a graduated driver’s licensing (GDL) program.

-Four drug and alcohol-impaired driving laws, including one requiring ignition interlock devices for convicted offenders.

-A ban on text messaging for all drivers.

Some of the worst-ranked states were South Dakota and Arizona, with 4 and 4.5 points, respectively.

Parents are reminded that these laws can be useless without adult enforcement. Parents should remain actively involved in their teen’s driving career long after they’ve graduated to an unrestricted driver’s license. Parent involvement can be one of the most beneficial factors in the fight against teen car accidents in Tennessee.
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Published on: January 10, 2012

Serious Burn Injuries in Knoxville and Elsewhere Accompany a Lifetime of Suffering

By Mark Hartsoe

Burn accidents can happen practically anywhere if you’re not careful. Oftentimes, these injuries can be caused by faulty wiring. They can also happen in rental units, places where smoke detectors are not available, where fire exits blocked or locked and in places not equipped with an adequate fire sprinkler system. According to the American Burn Association, nearly half a million people are injured every year in fire and burn-related accidents and require treatment from emergency rooms across the country. If that’s not bad enough, another 4,000 people are killed every year in burn-related accidents. Of these fatalities, roughly 3,000 are the result of residential fires. Fire-related accidents in Knoxville and elsewhere can cause burn injuries that can be excruciatingly painful, devastating for family members and can result in permanent deformities.

Our Knoxville personal injury lawyers understand a dispute with an insurance company and a burn victim can involve proving how the fire-related injury happened and where the heat source originated. Our attorneys help to fight for the rights of burn accident victims. Our firm can help victims evaluate the accident scene and collect relevant evidence to help you prove a case to collect the proper compensation.

Many times, these burn accidents are the result of someone else’s negligence. For this reason, it is important for you to contact an experienced attorney if you’ve been the victim of a burn accident.

In many burn accident cases, it is necessary for a victim to determine if the building in which the accident occurred met current safety codes. In cases where buildings do not meet safety codes and the proper corrections were not made to prevent a foreseeable accident, the property owner can be held reliable for the damages and the injuries.

Of the 4,000 fatalities that occur every year because of burn accidents, about 75 percent of the victims die at the scene of the accident or during the initial transport.

Ways to Help Prevent Burn Accidents:

-Never allow the cords of appliances to dangle.

-Keep your water heater set at 120 degrees.

-Don’t use any electric hair styling products near sinks in the bathroom.

-Keep space heaters at least three feet away from anything flammable.

-Keep paint and other flammable liquids in their original-labeled containers.

-Never toss out ashes, either hot or cold, in anything other than a metal container.

-Never smoke while lying in bed or near anything that’s flammable.

-If you live in an apartment, know where the nearest stairwell is located.

-If you have an appliance that starts to smoke, unplug it and take it to be serviced immediately.

-Never overload outlets or extension cords.

-Follow the recommendations listed by manufacturers for bulb wattage in light fixtures.

-Never put extension cords under rugs.
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