Articles Posted in Automobile Accidents

Drivers who participate in transportation networking companies (TNC) may have a significant gap in coverage.  Some insurance carriers are taking the position that the TNC driver is engaged in a commercial service any time they are logged into a ridesharing app and just looking for a passenger.  Under such circumstances, if the driver is involved in an accident with another car or pedestrian and depending upon the language of the policy, the insurance carrier can take the position that the accident is not covered.  If the driver’s personal insurance does not cover the accident, then the injury victim must look to their own uninsured motorist insurance or that of the company i.e, Uber, Lyft, Sidecar, etc. 

Unfortunately, many individuals do not have uninsured motorist coverage.  Or, if they do have coverage, the limits are often very low and inadequate to ensure full compensation for significant injuries and losses.  As for the pursuing the transportation networking companies, their insurance may not apply since the driver was not actually transporting a passenger but instead was merely logged into the app and looking for passengers.  Coverage will turn on the terms of their policy.

As we have mentioned in prior posts here, here and here, there are many issues to be worked out with respect to this new means of transportation.  The Legislature will likely resolve some of the issues via regulations for these services.  Other issues will have to work their way through the court system. 

 Drivers involved in fatal accidents are more likely to test positive for prescription drugs and street drugs then in the past. Here are some staggering statistics from some recent reports.

·       From 1993 to 2010, for fatal crashes, the number of drugged drivers with three or more drugs in their system almost doubled as it jumped from 11.5 % to 21.5%.  

·       Drivers involved in fatal crashes are more likely to be combining drugs with alcohol.  For instance, 55% of drivers who had used marijuana had also been drinking and 70% of drivers who tested positive for cocaine also had alcohol in their system.

With age comes invaluable driving experience, but after a certain point it can also bring declining physical abilities which makes driving more dangerous.   Case in point: 78% of seniors drive regularly despite reporting slow reaction times and tiring easily behind the wheel.  13% of senior drivers reported difficulty hearing or seeing and 9 % report getting lost or feeling confused while driving. 

These days, I do not know what age qualifies one as being senior.  You can get an AARP card at 50 but the retirement age has been moved to 67.   One thing I do know is that with each passing year of my life, I think the age that one become a senior should get moved back. 

Given the squishy nature of when one becomes a “senior”, I elected to discuss the Tennessee crash statistics beginning at age 50.  Year to date, according to the Tennessee Department of Safety and Homeland Security, there have been over 3,609 car crashes involving drivers over age 50.  Note that this number excludes parking lot and private property car wrecks and car accidents  involving $400 or less in damage. 

A Tennessee statute provides that a funeral procession has the right-of-way when the lead vehicle properly identifies the funeral procession by using a flashing amber light or is identified as a police escort or other “properly identified” escort.  A funeral escort may also use a siren and flags to identify the funeral procession. The lead car must comply with stop signs and traffic-control signals such as red lights but the remainder of the funeral procession can proceed without stopping or obeying the traffic signal if each vehicle has its headlights on.  

As with anything else, there are exceptions to the right-of-way rule.  A funeral procession must yield the right-of-way to an authorized emergency vehicle (police, fire, ambulance) with its siren on.  A funeral procession must also yield the right-of-way when directed to do so by any law enforcement officer.

So as to minimize the effect on traffic flow, the funeral procession must maintain minimum speeds.  On a highway, the procession should go no slower than 45.  On other roadways, the procession should not go any slower than 5 mph below the posted speed limit.  A motorist who is following a funeral procession on a two-lane highway must not pass the funeral procession.  Likewise, a motorist confronted with a proper funeral procession must yield the right of way and must not drive or attempt to drive in between the vehicles.

From 2000 to 2010, 2,344 children under the age of 15 were killed in drunk driving accidents. In a whopping two-thirds of those fatal accidents, the children were actually riding with the drunk driver as opposed to the drunk driver being a stranger in another vehicle. Unfortunately, drunk driving was not the only risky behavior found in these accidents. Researchers also found that the children were often not wearing seatbelts or, if appropriate, properly secured in a car seat. 

In Tennessee, since 2004, there have been a total of 74,390 alcohol-related motor vehicle crashes. Notably, this figure does not include parking lot and private property crashes or crashes in which the property damage was less than $400.00. 

At The Law Offices of John Day, P.C., our award-winning lawyers are experienced in handling drunk driving accidents. To ensure you receive a complete recovery, we will evaluate all potentially liable parties and all potential claims including liquor liability claims and uninsured/underinsured motorist claims. Click here for more information on drunk driving claims. And, click here for more information on liquor liability or dram shop liability claims. Then, give us a call for a free, no-obligation consultation on your potential case. Call us any time at 615-742-4880 or toll-free at 866-812-8787. We handle all drunk driving claims on a contingency basis.

Under Tennessee law, a first time DUI offender must spend 48 hours in jail. But a drunk driver convicted of vehicular homicide may receive probation and avoid jail time. Memphis’ Commercial Appeal newspaper has reported three such incidents in which someone under the influence of alcohol who caused a fatal accident spent less time in jail than a first time DUI offender. Under the current law, a judge has wide discretion in sentencing based on a list of 24 factors. Not surprisingly, many find this to be convoluted and are calling for the legislature to fix the apparent loophole. 

Regardless of what the drunk driver is charged with, drunk driving accidents continue to be a problem on Tennessee roadways. The Tennessee Department of Safety and Homeland Security publishes crash-statistics for alcohol-impaired driver crashes, and the counties with the top 5 crash rankings for 2008-2013 are:

1.       Trousdale County

Yesterday, we told you about the alarming increase in texting while driving amongst teens. Today, we want to share with you some new technology to help combat this dangerous and deadly behavior. Earlier this week, a new app was released in the Apple store. The app completely disables an iPhone while driving. The app is called No Text and Drive and it uses GPS to sense when a vehicle is traveling in excess of 10 mph. At that speed, the app disables the iPhone and prevents a user from texting or making phone calls. (And for those of you who are wondering, you can still listen to music.) The app also has an override feature for when the user is a passenger and a parental feature that alerts parents when the app has been turned off. This is the first app of its kind in the app store, and since a whopping 61% of American teens own an iPhone, it could be an important weapon in the campaign to end texting and driving. 

The good news: teen smoking is down. In fact, it is at a 22 year low. The bad news: texting while driving is on the rise. The Centers for Disease Control and Prevention has recently released a new report which shows that 41.4% of students admit to texting and emailing while driving a car. Two years ago, the number was 32%. 

Car crashes remain the number one cause of death for teenagers. Texting or emailing while driving and inexperience can make a deadly combination. According to research, drivers who text while driving are 23 times more likely to be involved in a crash than a driver who is undistracted. 

Through education, as a society, we have made some headway on the risks of smoking. And now, we must turn our focus on distracted driving. Here are some tips to help avoid this dangerous behavior: