Tennessee Injury Attorney Blog

Published on: January 22, 2011

More Tennessee Traffic Accidents brings Increased Risk of Trucking Accidents in Knoxville, elsewhere

The National Safety Council recently reported that motor vehicle deaths for the first 11 months of 2010 are down 4% from the previous year. Most states can lay claim to playing a part in the decrease, but not Tennessee. Motor vehicle deaths have increased in Tennessee.

Knoxville personal injury lawyers understand that an increase in fatal Tennessee car accidents signals a renewed risk of serious or fatal trucking accidents in Maryville, Knoxville and elsewhere in the state. Road Safe America reports large commercial trucks have a higher fatal crash rate than all other vehicles on the road. And as we reported recently on our Tennessee Injury Attorney Blog, significantly more fatal accidents were reported last year in Blount County, including Alcoa and Maryville.

The National Highway Traffic Safety Administration reports that about three-quarters of trucking accident victims are passengers of other vehicles or are non-occupants, such as bicyclists or pedestrians.

The NSC reported 31,740 motor vehicle deaths during the first 11 months of 2010. The U.S. total in 2009 for January-November was 33,180, showing -4% change in deaths. The percent change from 2008 to 2010 was -13%, reporting a total of 36,460 motor vehicle deaths from January-November 2008.

Unfortunately, Tennessee was not one of the states that contributed to the downward trend reported by the NSC. Although the stats are incomplete, Tennessee over the course of an 8 month period reported 679 motor vehicle deaths in 2010. During these same 8 months for 2009, there were 636 motor vehicle fatalities reported.

It’s estimated that a 7% increase occurred between 2009 and 2010. In 2008, 659 motor vehicle deaths were reported during the 8 month period leading to a 3-year change of +3%.

The 2008 Traffic Safety Facts data reported by National Highway Traffic Safety Administration shows a 20% overall increase in passenger vehicle registrations from 1999-2008. Over 25,000 occupants of passenger vehicles were fatally injured in traffic crashes nationwide in 2008.

The estimated annual population death rate was 11.2 deaths per 100,000 people in 2010. The NSC estimates the annual mileage death rate for 2010 during the first 11 months was 1.1 deaths per 100 million vehicle miles traveled. This is a 9% decrease from 2009.

As the death count decreases, however, the estimated costs associated with traffic accidents in the United States continued to rise. up 12 percent to $216.5 billion through November of last year.

Additionally, the NSC now measures nonfatal injuries differently, dictating that it should be all medically consulted injuries as opposed to the more vague “disabling injuries.” It is estimated for January-November 2010 there were 3.1 million motor vehicle injuries serious enough to require medical attention.
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Published on: January 21, 2011

Fatal car accidents on the rise in Maryville, Alcoa, Blount County

By Mark Hartsoe

Authorities are reporting an increase in fatal car accidents in Blount County, Maryville and the surrounding areas, according to The Daily Times.

Maryville accident lawyers have witnessed a decrease in fatal car accidents in recent years. But many expect that trend to reverse itself as the nation climbs out of the depths of the Great Recession.

Blount County reported 16 traffic fatalities last year, compared to the 10 fatalities reported in 2009. The Tennessee Department of Safety reported that 14 fatal accidents were responsible for the 16 traffic fatalities.

Nine of the fatal accidents occurred in Alcoa, two in rural Blount County and one in Maryville. The Tennessee Highway Patrol handled three crashes and one was worked by the National Park Service.

The Alcoa police department reported that drunk driving was responsible for several of the fatal accidents it handled. The National Highway Traffic Safety Administration reports that drunk driving was responsible for 303 of the 989 fatal Tennessee traffic accidents in 2009.

Nationwide, about one-third of traffic fatalities involves a drunk driver; somewhere in America a motorist is killed in a drunk driving accident every 45 minutes.

Authorities also stress the importance of wearing seat belts, saying about half of last year’s traffic fatalities in Blount County could have been prevented by seat belt use. However, authorities are pleased with the overall use of seat belts in Tennessee, which increased to 87 percent last year.

The fatal Maryville car accident involved a teenager who lost control of a Chevy Blazer and drove into the median on U.S. 321.
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Published on: January 17, 2011

Teen Safe Driving should reduce risk of Tennessee Car Accidents in 2011

By Mark Hartsoe

Young drivers in Tennessee are showing signs of being safer on the roadways. Our Knoxville car accident attorneys find that hopeful since the 15-20 year old age group is most at risk for being involved in fatal motor vehicle crashes.

Recently, Knox News reported that Tennessee officials were seeing a reduction in fatal car accidents involving teenagers.

Back in 2000, Tennessee initiated a graduated driver’s license law in an effort to keep teens safer. Tennessee currently allows teens once they turn 15 ½ years old to apply for a learner’s permit. The GDL restricts them at age 16 to only driving during certain hours of the day unsupervised. They are also allowed to have no more than one passenger in the car with them at a time.

As a result, state officials believe there has been a decrease in teen fatalities on the roadways. In 2005, there were 136 accidents per 1,000 drivers between the ages of 15-24. By 2009, this number dropped to 111 accidents per 1000 licensed drivers in that same age group. Reports have also shown that teen fatalities have gone down from 104 in 2007 to a preliminary report of 17 teen deaths in 2010.

Some states are adopting the multi-stage license requirements because they feel it gives young drivers time to develop their skills in order to be safer by the time they drive on their own. Safe Kids USA feels that educating your teens is the way to go according to a recent article in Yahoo News .

Safe Kids USA is targeting the 13-14 year old age group with a new program Countdown2Drive. Along with the help of the General Motors Foundation the program will educate teens on what it means to be a safe passenger as well as safe driver. The premise behind the new program is that if teens adapt safety tips now it will keep them safer as they begin to drive and become more independent.

The Tennessee Department of Safety promotes safety by offering the following tips to you and your teen driver:

-Know: research the facts and dangers of driving so that you can teach your teen.

-Show: exercise good driving behaviors when your teen is in the car with you.

-Grow: take the time to build your relationship with your teen so that the lines of communication don’t get blocked. Your young driver should be able to talk to you about driving situations or problems that arise.

Make your teen a priority when it comes time for them to learn to drive. Teaching them good driving behavior will keep them safer on the roadways for years to come.
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Published on: January 14, 2011

Government aims to Reduce Risk of Tennessee Tractor-Trailer Accidents

By Mark Hartsoe

Our Tennessee tractor trailer accident attorneys are encouraged by the recent introduction of the new Compliance, Safety, and Accountability program by the government.

The new program will help improve safety for commercial trucks and buses.

The U.S. Department of Transportation Federal Motor Carrier Safety Administration launched the Safety Measurement System (SMS) to measure a carrier’s on-road performance. The system tracks safety-based violations, inspections and crash data.

The Obama Administration also worked to ensure a more user-friendly format for consumers to obtain the information regarding which carriers pose a safety threat.

“The CSA program will help us more easily identify unsafe commercial truck and bus companies,” said U.S. Transportation Secretary Ray LaHood. “Better data and targeted enforcement will raise the safety bar for commercial carriers and empower them to take action before safety problems occur.”

The SMS consists of seven safety improvement categories, referred to as BASICs, which measure a carrier’s on-road performance and possible risk of a crash. The categories are: unsafe driving, fatigued driving due to the number of hours on duty, driver health and well-being, controlled alcohol or substance abuse, maintenance of vehicle, cargo, and crash indicators.

The premise behind the program is to detect issues based on the BASICs so that safety issues and prevention can then be addressed. Identifying carriers with a high-risk under these categories is only half the battle. The information then needs to be given to the carriers so that an intervention can be started and unsafe practices can be changed. Possible mediations may include designated roadside inspections or early warning letters to deficient carriers.

The following are a few facts regarding the CSA program:

-FMCSA controls all carriers over 10,000 pounds and/or that carry hazardous waste materials on the interstate.

-Drivers who receive a warning or ticket with their own personal vehicle are not reflected on the SMS.

-Carriers who are looking to hire new drivers can review driver profiles as long as they have the driver’s permission.

-Newly hired drivers do not pass on previous violations to their new carrier. Only new violations by drivers are applied to a carrier’s SMS record.

-There are no current rules in the CSA program that prejudice against drivers with weight issues or a large body mass index.

-There is no registration or mandatory training required for the CSA program.

The government took a step forward in improving commercial truck and bus safety with the CSA program. Increasing carriers’ awareness of the program is the next step to making the highways safer.
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Published on: January 8, 2011

One Killed, One Injured in Washington County, Tennessee Trucking Accident

By Mark Hartsoe

TriCities.com is reporting a Unicoi County woman was killed and another seriously injured in a Tennessee tractor-trailer accident that occurred in Washington County.

Knoxville injury lawyers will note that the initial investigation blames the driver of the passenger vehicle for crossing the center line into the path of the tractor trailer. However, a thorough investigation should always be conducted when a motorist is seriously injured or killed in an accident with a semi in Tennessee.

A truck driver could be determined to have violated hours-of-service rules, may have been text messaging in violation of new federal laws, or may have been under the influence. In other cases, a truck may have not been properly serviced or otherwise be in poor mechanical shape, which could have contributed to the accident.

And Tennessee’s comparative negligence law permits a victim to recover damages, even if it is determined that he or she was partly at fault in the accident. You may also be entitled to seek damages from your own insurance company.

Regardless of fault, the family of the fatally injured passenger may file a Tennessee wrongful death claim against the insurer of whomever is ultimately found to be responsible for the accident.

Trucking accidents in Knoxville, Maryville and throughout Tennessee are complex cases precisely because of the state and federal regulations that govern truck drivers. And because the accidents often lead to multiple victims, competing claims and very serious or fatal injuries. In fact, the National Highway Traffic Safety Administration reports that three-quarters of those injured or killed in trucking accidents were occupants of other vehicles involved in the accident.

In 2008, more than 90,000 were injured and 4,229 motorists were killed in 380,000 trucking accidents on the nation’s roads.
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Published on: January 8, 2011

Pedestrian Accidents a Common Danger in Knoxville and Maryville

By Mark Hartsoe

Doctors agree that we have become too sedentary in our lives so we should get out there and exercise to reduce the risk of obesity and heart disease. Unfortunately, walking and biking, traditionally used as forms of exercise, are proven to be almost as deadly when using streets that are dangerous by design. Or when encountering negligent or careless drivers.

Our pedestrian accident attorneys in Knoxville and Maryville know such accidents frequently cause serious or fatal injuries each year and could be prevented by better design, and drivers who show pedestrians and bicyclists the proper respect on the road.

Transportation for America posted a study on preventable pedestrian deaths due to dangerous roads. Each year, almost 5,000 people die an avoidable death due to injuries sustained in a pedestrian accident. In 2007-08, more than 40% of pedestrians who were fatally injured were in an area where no crosswalk was accessible.

The passage of SAFETEA-LU in 2005 brought over 30% increases to federal transportation funding to states. Yet, no state spends more than 5% of federal funds available to enhance crosswalks, sidewalks, multi-use paths, or other features aimed at reducing the risks of pedestrian or bicycle accidents.

Memphis ranked in the top 5 most dangerous metropolitan areas for walking in 2007-08. Tennessee as a whole reported a total of 134 pedestrian fatalities in 2007-08 according to the Transportation for America study.

In 2007-08, the pedestrian danger index (a formula using the average fatality rate and the amount of pedestrians who walk to work) showed a higher risk of walking in most metropolitan areas than the national average at 52.1. Some of the named cities and rankings in the index were: Knoxville (54.5), Nashville (70.2), and Memphis (137.7). Tennessee reported 1.08 pedestrian fatalities per 100,000 people in 2007-08, while the U.S. average was 1.53.

It is alarming to see how little money was spent in 2005-2008 on pedestrian projects when compared to the federal funding that was available. The study reported that Tennessee spent 2.4% of the $2.45 billion available for pedestrian safety during this time frame. This equates to about $2.37 per person.

Moving forward, the study suggests holding states more accountable for improvements.

-Local governments need to ensure new roadways are designed with safety for pedestrian, bicyclists, and drivers in mind.

-Federal funding should be spent on saving lives as well as getting everyone more active.

-Unsafe roadways should be redesigned so that they are fit to accommodate walkers or bicyclists.

Accidents happen but preventable deaths are inexcusable no matter how you try to justify them.
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Published on: December 31, 2010

Hand-held Cell Phone Ban Could Reduce Risk of Tennessee Trucking Accidents

By Mark Hartsoe

There is no doubt that prohibiting truck drivers from using hand-held cell phones would reduce the risk of serious or fatal trucking accidents in Knoxville, Maryville and elsewhere in the state. Tennessee trucking accident lawyers know that distraction is a common cause of tractor-trailer accidents. And, too often, the actions of a careless trucker result in the injury or death of innocent motorists.

We applaud the U.S. Department of Transportation’s proposed new rule through the Federal Motor Carrier Safety Administration, which would prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial vehicle.

A similar ban on text messaging became final earlier this year. The Governors Highway Safety Association notes that Tennessee law already bans hand-held cell phone use by school bus drivers and new teen drivers. All drivers are also forbidden from text messaging while driving.

In fact, Tennessee joins 30 other states that have passed text messaging bans by all drivers. Extending the hand-held ban to interstate truckers is the next logical step.

“Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk,” said U.S. Transportation Secretary Ray LaHood. “This proposed rule will go a long way toward keeping a driver’s full attention focused on the road.”

Drivers who violate the new rule would face a fine of up to $2,750 and could face disqualification for a commercial driver’s license for repeat violations. Two or more violations could also result in a state suspension of their driver’s license. Motor Carriers who permit drivers to use hand-held cell phones could face fines of up to $11,000.

About 4 million commercial drivers would fall under the new rule.

“We are committed to using every resource at our disposal to ensure commercial drivers and vehicles are operating safely at all times,” said FMCSA Administrator Anne S. Ferro. “Implementation of this proposal would help make our roads safer and target a leading cause of distracted driving.”

Federal research shows that commercial drivers reaching for an object (such as a cell phone) are three times more likely to crash. Drivers dialing a hand-held cell phone are six-times more likely to be involved in an accident. Many large carriers, including UPS and Wal-Mart, already have company policies prohibiting commercial drivers from using cell phones.

Last year, nearly 5,500 people were killed and 500,000 injured in accidents involving distracted driving, according to the National Highway Traffic Safety Administration.
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Published on: December 30, 2010

Fatal Holiday Car Accidents Claim Three Lives in Knoxville, Maryville area

By Mark Hartsoe

A Knoxville car accident has claimed the life of noted pool player and former champion, Knox News reported.

Wade Crane, 66, died after his 2000 Volkswagen crossed three lanes of traffic and struck a retaining wall on Interstate 40. His car then crossed back across five lanes of traffic and slammed into another concrete retaining wall. Knoxville police are investigating but believe he may have suffered a medical emergency. He was pronounced dead on Sunday at Tennessee Medical Center.

Known as “Boom-Boom” for his ferocious breaks, the self-taught champion was a dominant player in the 1980s and a former World 8-ball and 9-ball Champion. He was voted by his peers to have the best 9-ball break in history and is the only player to shoot a perfect score during the finals of a major championship.

Also over the holiday weekend, a Loudon car accident claimed the lives of two Maryville women. The Daily Times reported that an Alcoa man was also injured in the Friday accident.

The Tennessee Highway Patrol reports the victims were in a 2006 Chevrolet that crashed on U.S. Highway 321 near Lenoir City shortly after 3:30 p.m. The accident happened near the intersection of State Highway 95.

The 48-year-old driver of a Cadillac involved in the accident was transported to the hospital, where he was listed in stable condition. The Cadillac was northbound on U.S. Highway 321 when it struck the Chevy, which was traveling south, according to the report in the Daily Times.

Both vehicles came to rest in the median.
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Published on: December 20, 2010

Feds Push Safety Improvements to Reduce Risks Associated with Tennessee Car Accidents

By Mark Hartsoe

The National Traffic Safety Board has updated its “most wanted” list of driver and traffic safety improvements, focusing again on vehicle safety issues also commonly discussed on our Tennessee Injury Attorney blog.

From seat belt enforcement to distracted driving among teen drivers, the NTSB recognizes that state governments are uniquely qualified to both pass and enforce legislation that reinforces Board safety recommendations. And that education and empowering drivers helps reduce incidence of Tennessee car accidents.

Among other concerns, the NTSB would like to see more motorists buckling-up and using age-and-size appropriate child restraints. Of course, avoiding distractions – such as using a cell phone, reading, applying makeup, or disciplining an ill-tempered child – while driving is something all drivers should do. With that said, young and inexperienced drivers are far more likely to be involved in a distraction-related fatal Knoxville car accident than older, more experienced drivers.

Young male drivers – aged 15 to 19 – are far more likely to be killed in a Tennessee car accident than females, although death rates for both sexes are on the decline since reaching a peak in 2004, the Tennessee Department of Safety reports. And, as is believed by the NTSB, TDOS knows that passenger restrictions for our younger drivers translates into lives saved. In a recent five-year study of Tennessee teen driving trends, the TDOS found that teen drivers with five or more passengers were almost two times more likely to be injured and almost 10 times more likely to be killed than teen drivers traveling alone.

What the NTSB “most wanted” list recognizes is both the advances and shortcomings of each state while urging legislators to enact laws that promote safe driving. The NTSB recognizes the efforts of the Tennessee legislature in the following areas:

~ distracted driving: Tennessee has enacted some of the strictest distracted driving laws in the country. The state Graduated Drivers License program, passenger restriction limits and interactive wireless communication law each meet Board safety standards.

~ child occupant protection: Tennessee joins 29 states requiring all child passengers age 8 and younger to wear seat belts, including using appropriate safety devices, be they a car or booster seat.

~ motorcycle safety: Tennessee joins 12 other states that have enacted a universal helmet law.

~ primary seat belt enforcement: Tennessee has enacted a partial primary seat belt law, requiring seat belt use for front-seat occupants only. It is NTSB’s recommendation that the law be extended to cover all vehicle occupants. “Primary” enforcement means a cop can stop a driver solely upon visual confirmation that front-seat occupants are unrestrained.
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Published on: December 20, 2010

Hours-of-Service Rules Meant to Reduce Risks of Tennessee Trucking Accidents

By Mark Hartsoe

Hours of service rules are designed to ensure that truckers get plenty of rest and that Tennessee trucking accidents caused by fatigued truckers are less of a danger to motorists in Knoxville, Maryville and throughout the state. Unfortunately, the hours were extended during the Bush Administration, much to the chagrin of safety advocates.

Also at issue are the lack of mandated data recorders and other technologies that can automatically record a trucker’s service hours and keep them honest. Instead, hand-written log books are used in what is largely an honor system. Organizations like Road Safe America also argue for the need to stop paying truckers by the mile — pointing out an honor system regarding hours worked, combined with a system that pays by the mile, is a recipe for disaster.

A Tennessee trucking accident attorney should always be consulted whenever a motorist is involved in an accident with a semi or other large commercial truck on the road. Hours of service are just one measure of compliance that an experienced injury attorney will review as part of your accident claim.

With the holidays upon us, many truckers will be pushing themselves to the legal limit (and perhaps beyond), either to make up for lost time or to get home to family in time for the holidays.

In general, the Federal Motor Carrier Safety Administration has established the following hours-of-service rules:

-11 hour driving limit after 10 hours off-duty (10 hour limit/8 hours rest for passenger-carrying vehicles).

-14 hour limit – May not drive beyond the 14th hour after coming on duty (15th hour for passenger vehicles).

-60/70 hour limit in 7/8 consecutive days. 34 hours of rest required to restart the cycle.
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