Halloween is a wonderful holiday for kids: costumes, trick-or-treating with friends, candy. But, it can also be a very dangerous holiday. A child is twice as likely to be hit and killed by a car on Halloween. Here are some steps to help avoid a tragic accident that will affect the lives of everyone involved forever:
Motorists:
1. Slow down and be vigilant in residential areas especially between the hours of 5:30 to 9:30.
Deer are on the move due to migration and mating season. Typically, deer are most active in the mornings and early evenings, which unfortunately just happens to coincide with the rush-hours. And, October through December are the most dangerous months for deer-related collisions.
Deer can be very dangerous to motorists. The Institute for Highway Safety estimates 1.5 million deer-related collisions occur each year with 150 deaths and tens of thousands of injuries. In 2012, there were 5,911 deer-related crashes, three of which resulted in deaths and 307 resulted in injuries.
While conventional wisdom is to slow and hold your line when suddenly confronted with a deer in your path, some drivers will swerve in an attempt to miss the animal. Even if there is no contact between your vehicle and the deer, a sudden swerve can result in a loss of control causing an accident with another vehicle, a tree or other object. Of course, holding your line is not without risk as a deer can crash through the windshield seriously injuring or killing occupants.
A few weeks ago, a mob of motorcyclists and the Lien family, who were in a black Ranger Rover SUV, were involved in a violent incident. In recent days, more information has came out about the incident and it raises some interesting legal implications. Based on a video of the incident and news reports, the following appears to have occurred:
* The motorcycle riders had organized for a Hollywood Stuntz event. This event had a history in that the year before the motorcyclists had effectively shut down traffic in Times Square.
* Earlier that day but prior to the incident involving the Liens, New York police had received hundreds of complaints about the motorcyclists and their behavior.
In Nashville and other cities across Tennessee, pedestrian traffic has increased as more and more people have chosen to live in an urban environment that allows for easy walks to work, restaurants, bars, museums, and retail centers. Tennessee is also blessed with many beautiful roadways which walkers, joggers and runners use for exercise.
Now that the lovely fall weather is here and more people are getting out and about, let’s familiarize ourself with our basic rights and responsibilities as motorists and pedestrians:
1. Pedestrians have the right of way at all intersections and driveways.
With summer’s sweltering temperatures coming to an end, more Tennessee bicyclists and runners will take to the streets. So, it is a good time for all of us to remember our respective rights and responsibilities on the roadway. In Part One, we will start with bicyclists and Part Two will cover pedestrians.
Under Tennessee law, every person riding a bicycle is granted the same rights as operators of motor vehicles. Of course, bicyclists also owe certain duties. For instance, bicycle operators and passengers under age 16 must wear a helmet. All bicyclists must obey traffic signs and signals and the bike must be equipped with a head lamp and rear reflectors if riding at night. In addition, if a bicyclist is traveling at less than the normal speed of traffic, the bicyclists should ride as close as practicable to the right-hand curb or edge of roadway.
Conversely, motorists must respect the bicyclists right to be on the roadway and treat the bicyclist in the same manner it would another motor vehicle. This means using proper signals, passing only where it is permitted and when it can be done safely, not tailgating or following too closely, etc.
Sports bars can be a great place to watch a football game: huge televisions, multiple games on at one time, wings, pizza and beer. In the fall, it is easy to see how an entire Saturday or Sunday afternoon can be spent at the bar watching college or professional football. Of course, if you have spent the day drinking, you have no business driving yourself home. Unfortunately, people do so, and innocent people become victims of drunk drivers and the bars that over-serve them.
In our last blog post, we discussed the criminal penalties for first time DUI, which is a misdemeanor. But if a drunk driver harms someone, in many circumstances, the conduct can rise to a felony. If a drunk driver is found guilty of vehicular assault (serious injury to another person by a DUI driver), then the offender has committed a Class D Felony which can result in license revocation from 1 to 5 years (a restricted license is not available), jail time of 2 to 12 years, a $5,000.00 fine and other costs such as attorney fees, bail, etc. Vehicular Homicide (a fatal crash caused by a DUI with a .08 BAC or more) is a Class B felony and is punishable by 8 to 30 years in prison and a fine of up to $25,000.00. Aggravated Vehicular Assault While Driving Intoxicated is a Class A Felony (requires proof of prior DUI offenses) and is punishable by 15 to 60 years in prison and a fine of up to $50,000.00.
In addition to criminal penalties for the drunk driver, the bar or restaurant faces misdemeanor charges if it serves alcohol to someone who is visibly intoxicated. The bar or restaurant that serves who over-served alcohol to a visibly intoxicated person who gives into a car and hurts others may be responsible for any harm caused by the drunk driver such as the victim’s medical bills, pain and suffering, lost wages, etc. This area of the law is called dram shop or liquor liability law. To learn more about the legal liability of bars and restaurants , follow the link.
It’s football time in Tennessee: the Titans, Vols, Commodores, and Blue Raiders are all well into their seasons. Saturdays and Sunday game day rituals often begin with a bloody mary and sausage balls during tailgate set-up and progress to hotdogs, chili and beer before game time. Once inside the stadium, many fans continue to imbibe. After the game, fans routinely tailgate some more while traffic congestion clears. The result is a long day of drinking. And unfortunately, too many intoxicated or buzzed fans will pack up their tailgate and drive home.
In Tennessee, first time drunk driver offenders will serve a minimum of 48 hours in jail and a maximum of 11 months, 29 days. With a BAC of .20 or higher, the minimum jail time is 7 consecutive days. In addition, the offender will lose his or her driver’s license for 1 year. The offender must participate in alcohol and drug program, pay fines, pay higher insurance rates, pay towing expenses, pay bail and for an attorney. The offender might also be ordered to install an Ignition Interlock at cost of roughly $1,000.00. Without question, even if you are not involved in an accident, DUI is a costly mistake.
But, if a drunk driver causes a crash and injures someone, the real cost is paid by the victim in the form of medical bills, lost wages, permanent impairments, scarring and disfigurement, emotional distress, pain and suffering, and injuries that could change a the life of the victim and his or her family forever. So enjoy the tailgating and the game, but remember a cab fare is down right cheap compared to the cost of drinking and driving. You do not want to live the rest of your life knowing that you harmed another human being in a drunk driving accident.
Teenagers who are riding with friends of a similar age are at increased risk of being in fatal accidents.
A recent study by the Texas A & M Transportation Institute finds that 15-to-17-year-old drivers are almost eight times as likely to get into a fatal accident when they are carrying two or more teen passengers. The study is based on an analysis of te n years of national traffic data notes that the 30 percent increase in deaths when other teens.
According to the study, from 2002 to 2011 the number of novice teenage drivers in fatal accidents dropped by 60 percent, but the percentage of fatalities that occurred when other teens were in the vehicle increased each year.
Pedestrian deaths in traffic accidents nationally increased from 4109 in 2009 to 4432 in 2011, according to the United States Department of Transportation.
Deaths to men numbered deaths to women (3086 versus 1345) and 19% of the deaths were a result of hit and run accidents.
In Tennessee, 1221 pedestrians (including skateboarders, people on roller skates, etc.) were injured or killed in traffic accidents in 2010. Davidson County, Tennessee had 275 of those injuries and deaths. There were 83 pedestrian deaths in Tennessee in 2011; the number actually dropped to 68 deaths in 2012. Unfortunately, the 2013 death rate for Tennessee pedestrians in increasing. As of the date of this blog post, 46 pedestrian deaths have occurred. At this same time in 2012, only 35 deaths had occurred.
We receive calls almost every day from people who have been in a Tennessee car, motorcycle or truck accident and are unable to get medical treatment because they do not have health insurance. Many doctors refuse to see accident victims unless they have health insurance or are willing to pay cash for the service. There are lots of people – about 48 million in the country – who have no health insurance and many of those people cannot pay cash for medical treatment.
There are only four options left for these people. One, borrow money from family or friends to see a doctor. Two, attempt to ignore the medical problem and hope that it will solve itself. Three, use the medical payments (also called "med pay") provision of the insurance on your vehicle to help pay for treatment. Fourth, ask your lawyer if he or she can make arrangements for a doctor to treat you – a doctor who will forgo seeking payment until after you case resolves.
It is a mistake to assume that the at-fault driver’s insurance company will pay for treatment. They may accept responsibility for the accident, but the at-fault driver’s insurance company will almost never pay medical bills for you as they are incurred. It is possible this insurance company will reimburse you for the bills at the time your treatment is complete and you are ready to settle the entire claim, but they will not give you money in advance of treatment or let your doctor bill them for treatment.
Tennessee Injury Law Center