Tennessee Injury Law CenterMany states have laws that place some restrictions on elderly drivers, but Tennessee does not. Here is a list of the limitations that other states have placed on elderly drivers.
Articles Posted in Automobile Accidents
Texting While Driving Injuries Increase
As a Tennessee automobile accident attorney for over three decades, I have seen lots of incidents where cell phone use (either for calls or texting) causes car wrecks. This study from the West Virginia School of Public Health puts numbers to our experience.
The study finds that in 2003, cell phone use by vehicle operators was estimated to cause more than 300,000 total injuries annually, 2,600 of which resulted in fatalities. The numbers increased 22 percent between 2005 and 2009. The authors of the study believe that the problem is expected to worsen in coming years, despite efforts to curtail distracted driving.
The bottom line is this: don’t text and drive. And, if you must use a cell phone while driving (and a teenager never should) make sure you use a hands-free option and then only when traffic conditions permit you to do so safely.
Personal Injury and Wrongful Death Statistics for Clarksville and Montgomery County, Tennessee
The Tennessee Administrative Office of the Courts has released information about Tennessee personal injury and Tennessee wrongful death cases filed and tried in Clarksville and Montgomery County, Tennessee for the year ended June 30, 2012:
Here is the data;
- Total personal injury and wrongful death cases filed in court: – 281
- Total personal injury and wrongful death cases resolved in court – 283
- Total number of cases going to trial – 12
- Total number of jury trials – 4
- Total number of non-jury trials – 8
- Total number of cases in which damages were awarded 2 (17%)
- Total number of cases where damages awarded was between $1 and $99,999 – 1
- Total number of cases where damages awarded was between $100,000 and $999,99 – 1
- Total number of cases where damages awarded exceeded $1,000,000 – 0
- Total damages awarded in all cases – $126,126
- Average damages awarded – $63,063
The average success rate for plaintiffs at trial in Tennessee was 38.49% for 2011-12. Thus, the win rate for plaintiffs in Montgomery County was much lower than the statewide-average.
I Just Got Sued in an Automobile Accident Case. Now What?
If you received a summons and complaint (the documents which initiate a civil lawsuit in Tennessee) you need to immediately notify your insurance company that you have been sued. If you have already reported the claim, the insurance company will already have told you to whom you should send the papers. If you have not reported the claim, call your insurance agent and tell them that you have been sued. The agent will tell you what to do with the papers.
Your insurance company will hire you a lawyer who will defend you. If you don’t hear from the lawyer within 20 days of the time you contact the insurance company, call the insurance company (or agent) again and let them know you have not heard from the lawyer.
To understand more about the litigation process, read our Legal Guide called "Understanding the Steps in the Civil Litigation Process."
Fatalities on Tennessee Roads in 2012
Deaths on Tennessee roads increased in 2012 over a year earlier. Here is some of the key statistics as gathered by the Tennessee Department of Safety:
- Total fatalities – 1022, up 85 from 2011
- Teen driver involved in death – 115
- Senior driver involved in death – 190
- Rural deaths – 542
- Urban deaths – 480
- Pedestrians – 67
- Large Truck Involved – 102
- Bus Involved – 8
- Motorcyclists – 139
- ATV rider – 10
Is this number of deaths an anomaly? Unfortunately, it appears that they are not. The death rate for January 2013 is 6 people higher than it was in January 2012.
Don’t become a statistic. Wear a seat belt. Don’t drink and drive. Don’t text and drive. Drive defensively. Stay within the speed limit, reducing your speed in when required by traffic or weather.
Pedestrian Deaths in Tennessee Can Be Avoided
A shocking number of pedestrians – 67 – died in Tennessee accidents in 2012, according to a report prepared by the Tennessee Highway Patrol that gave details on the number of motor vehicle accident deaths in Tennessee for the entire year.
Although the law protects pedestrians who cross the street in crosswalks, every adult pedestrian has the legal responsibility to exercise care for his or her safety. Likewise, drivers have the responsibility to be on the lookout for pedestrians and to exercise reasonable care to avoid striking them.
How can pedestrians avoid becoming injured or killed by motor vehicles? Follow these tips:
Tennessee Highway Deaths Increase by 8% in 2012
Seventy-nine (79) more people died on Tennessee highways in 2012 than the total deaths reported in 2011, according to figures released by the Tennessee Highway Patrol.
Some 1016 people died on Tennessee highways in 2012, compared with 937 deaths in 2011.
Here are more statistics from the Tennessee Highway Patrol’s report:
Drowsy Drivers Cause Injuries and Deaths on Tennessee Highways
Sleepy drivers pose a hazard on Tennessee roadways, not only to themselves put also to others using the roadway. Drowsy drivers pose a risk to drivers of cars, trucks, motorcycles, bicycles and even pedestrians on Tennessee roads.
Drowsy drivers cause 2.5% of fatal motor vehicle crashes and 2.0% of all crashes, according to a study conducted by the National Highway Traffic Safety Administration (NHTSA). Techniques to stay awake while driving, such as turning up the radio, opening the window, and turning up the air conditioner, have not been found to be an effective way of preventing crashes.
A recent study by the Centers for Disease Control (CDC) included a survey of drivers in 19 states and the District of Columbia. In this study, 4.2% of drivers admitted to falling asleep while driving in the last 30 days. Sleepy driving decreased with age. The participating state with the highest percentage of people who admitted to falling asleep while driving was Texas (6.1%). Persons who reported snoring or usually sleeping ≤6 hours per day were more likely to report falling asleep while driving.
New Rules For Where Individuals Can Be Sued in Auto Accident Cases in Tennessee
A high percentage of Tennessee car accident cases are settled before a lawsuit is filed. However, if a lawsuit is necessary, there are new rules about where a lawsuit against an individual sued in a Tennessee automobile accident case be filed.
Under the new rules, an individual can only be sued in the county where the car accident occurred or in the county where the person who caused the car accident resides. (Note: different rules apply for claims against corporations and other legal entities.)
So, if a person is injured in a Williamson County, Tennessee car accident and the wreck was caused by a Davidson County, Tennessee driver, a lawsuit could be filed in either county.
1 out of 4 Drivers on Tennessee Highways Have No Insurance
Recent data suggests that 24% of Tennessee drivers do not have liability insurance on their vehicle.
Liability insurance exists to make monetary payments to those who are injured as a result of a negligent error by a person who has the insurance. Tennessee state law requires every driver to have liability insurance, but it appears that almost 1 out of 4 drivers is violating this law.
What does this mean? It means that if you are in an automobile accident that is not your fault you will have to bear financial responsibility for your medical bills and loss of income unless the at-fault party happens to have personal financial resources. You will also receive no payment for any pain, suffering, disfigurement or loss of enjoyment of life you experience in the accident.