Fourteen states now have a speed limit between 75 and 85 mph, and these higher speed limits present several problems when it comes to tractor-trailers and other big trucks. Of course, the faster you are going, the quicker your reaction time must be. In addition, higher speeds and the increased weight of trucks mean they need a greater stopping distance. But, while those problems may seem fairly obvious, there is also a hidden danger associated with higher speed limits.
Deep down, whether we like to admit it or not, we all want to be told what we want to hear:
Yes, we can get you a million dollars for your injuries. Don’t worry, the litigation process is quick and easy. No, the other side will never try to blame you. Of course, those pants make you look skinny.
And believe me, when I tell you, we would love to dispense such easy, breezy news to every one of our clients. But, we can’t. Sometimes, there is not enough insurance to fully compensate our clients for their losses. Sometimes, the other side wants to make life difficult, drag things out and blame the victim. Other times, the venue for the case is not ideal or is in a court that is not particularly efficient.
Yesterday, we started the discussion for National Distracted Driving Awareness Month with some of the crazier forms of distracted driving (using the bathroom, taking selfies, curling eyelashes, putting in contacts, etc.) But today, the focus is on the most fatal form of distracted driving. I think the answer will surprise you. Most people, including me, would likely guess that texting is the most fatal form of distracted driving. And while texting and driving is indeed very common and very dangerous, it does not hold the top spot.
To kick off National Distracted Driving Awareness Month, we thought we would review some of the crazy stuff people are doing behind the wheel. In a recent survey, drivers from across the country admitted to an array of distracted driving behaviors including:
Combing/brushing hair
Romantic encounters/PDA
Earlier today, a 15 passenger van wrecked in Florida killing eight people on board and critically injuring five others. This crash like most other cases involving passenger vans will have a number of key issues including:
The past year was a record year for vehicle recalls with over 62 million vehicles recalled. In the General Motors ignition switch recall alone, there have been 4,345 claims made including 479 death claims and 292 “Category One” claims which require an injury involving permanent brain damage, paraplegia, quadriplegia, severe burns or double amputation. The remaining 3,574 “Category Two” claims involve injuries that required a hospital visit within 48 hours after the accident.
If you are the registered owner of a recalled vehicle, then the manufacturer, with oversight by the National Highway Traffic Safety Administration, will notify you that your vehicle contains a safety defect and provide instructions on how to get it repaired. But what about when you rent a vehicle? How are you supposed to know if all recalls have been addressed before you put yourself, your friends or your family in the vehicle?
Here is an easy solution to the dilemma: before you accept the car the rental car company assigns to you, quickly run the Vehicle Identification Number (VIN) on www.vinrcl.safercar.gov/vin/. If there are open recalls on the vehicle, alert the rental car agency to the problem and ask for a different vehicle. Typically, you will find the VIN in several places including: the driver’s side dash by the bottom of the front windshield (this location is easier to read outside the vehicle), the engine block, underneath the spare tire and the driver’s side door post (open the driver’s side door for this location).
According to the National Highway Traffic Safety Administration, EMS workers will respond to roughly 37 million emergency calls in a given year, and they will treat and transport approximately 28 million people. Emergency medical personnel must quickly assess the accident scene and victim, determine and provide what the patient needs and record their assessments, care and the patient’s response. Victims and bystanders can help make the job of EMS workers easier and more efficient by following the steps below:
1. Stay calm.
2. Provide as much information as possible about the accident scene location using mile markers, intersecting roads, landmarks.
The Tennessee Legislature is trying to get tougher with uninsured motorists in our State, which currently ranks sixth in the nation for the number of uninsured drivers. The proposed bill would triple the fines for failing to have insurance (from $100 to $300). If a driver could not provide proof of insurance, the bill provides for the car to be towed and the tags be seized. In addition to the increased fines, once the insurance was obtained, the driver would also have to pay reinstatement fees.
Unfortunately, this legislation is not enough to protect you. Increased fines are unlikely to deter uninsured drivers from getting on the roadways. Most people who drive uninsured do so because they simply do not have the funds to purchase auto insurance. Their monthly budgets just cannot be stretched to include it. Then they should not be driving, you may say. I understand that, but when you live too far away to walk to your job and other basic services (doctor, grocery store, pharmacy, etc.) then most folks will cross their fingers, get in their car and hope for the best. They are gambling they won’t be caught and won’t be in a wreck
But for argument sake, let’s assume this legislation will cause uninsured drivers to get insurance. The reality is that the State’s minimum limits are simply too little to provide adequate compensation to those injured and damaged in moderate to severe accidents. The State’s financial responsibility law, T.C.A. 55-12-102(12), mandates Tennessee drivers have $25,000/$50,000 auto insurance coverage. If you and your family are hit by a driver with only minimum limits, the maximum their insurance carrier has to pay is $25,000.00 for one person and $50,000 for everyone hurt in the accident. For example, if you are driving by yourself and are hit by a driver with minimum limits and you sustain a broken back that requires surgery and leaves you unable to work for 6 months, the maximum amount you can recover from the at-fault driver’s insurance company is $25,000. Now let’s assume you are riding with your family (wife and three kids), and you are involved in an accident with a driver who only has minimum limits, the maximum amount all of you combined can recover, regardless of the extent of your injuries, medical bills, lost wages, pain and suffering, scarring, etc. is $50,000. Now do you see what I mean when I say the new legislation does not go far enough?
Bruce Jenner of Olympic gold, Keeping Up with the Kardashians and gender transition fame was recently involved in a multi-car accident that left one woman dead. Because the accident resulted in a fatality, investigators are expected to review the cellphone records of all involved to see if distracted driving played any role in the accident.
Unfortunately, law enforcement simply does not have the necessary resources to do the same in every accident especially if a fatality was not involved. But if you hire a lawyer early and distracted driving is suspected, those records can be secured before they are lost. While the actual text message is generally stored for only days, the dates and times of texts are preserved, so it is possible to tell if someone was texting — just not necessarily what they were saying. However, most cell phone providers will not provide this information without a subpoena, and subpoenas are only issued in pending lawsuits.
If you contact one of our award-winning lawyers quickly after your injury accident, we can help you secure critical evidence for your case. Call us toll-free anytime at 866-812-8787 for a free, no-obligation consultation. We only get paid if we recover money for you.
For the last six months, the Tennessee Highway Patrol has been testing a new software system conveniently called CRASH – Crash Reduction Analyzing Statistical History. The software system is designed to help police predict the spots where crashes are likely to occur. While this is still a pilot program, the system has been accurate 75% of the time. The THP is also using software to predict where intoxicated drivers are most likely to be and at what time of day. Essentially, the software analyzes prior data and will predict where the greatest traffic risks are likely to occur given the day and time. Law enforcement can then direct its resources accordingly. The system cost $243,000 but was funded via a grant.
If you or a loved one has been injured in a car accident and would like to discuss your case with one of our award-winning lawyers, please call us anytime at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation. We handle all car accident cases on a contingency basis so you never have to pay any money out of pocket to protect your rights.
Tennessee Injury Law Center