Articles Posted in Automobile Accidents

The federal government has determined that  3,092 people died last year in "distraction-affected" crashes, a newly refined measurement meant to tally the effect of texting, phoning or simply answering a call while driving.

The report did not break down the data by state, but Tennessee has about 2% of the country’s population and therefore it is reasonable to assume that about 60 people in Tennessee died in such accidents.

Click on the link to learn more about the perils of distracted driving in Tennessee.

The National Highway Traffic Safety Adminstration has found that alcohol-impaired-driving fatalities declined by 2.5 percent in 2011 (Table 3), accounting for 31 percent of overall fatalities.  The number of Tennessee deaths caused by drunk drivers is not yet available.

An alcohol-impaired-driving fatality is defined as a fatality in a crash involving a driver or motorcycle rider (operator) with a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or greater. The number of alcohol-impaired drivers in fatal crashes declined for most vehicle types with the largest decline among drivers of large trucks (16%) and vans (9.8%). Fatal crashes involving alcohol-impaired motorcycle operators increased by 8.6 percent—the only category of drivers by vehicle type with an increase in alcohol impaired crash involvement.

The total death on our nation’s highways were 32,367, and 9878 of those deaths were found to be related to people impaired with alcohol. 

The National Highway Traffic Safety Administration has finished a review of 2011 motor vehicle accidents and concluded that the death rate in Tennessee automobile accidents decreased by 8.3% for that year.

In 2010, 1032 people died on Tennessee roads.  In 2011, the number dropped to 946.  This means that 86  lives were spared in 2011.

However, 2012 is not looking good.  As of December 12, 2012, 957 people had already died on our state’s roads, more than in all of 2011.  It appears that our death rate will come close to what it was in 2010.

We have a significant number of people who contact us several months after a Tennessee automobile wreck, after most of the physical evidence is gone and poor decisions have been made about pursing appropriate health care.  When we ask why the person waited so long to contact us, the response is usually something like "the insurance adjuster was just so nice in the beginning."

Well, sure.

The job of the insurance adjuster is to resolve an insurance claim as quickly and inexpensively as possible.  It just makes good sense – and good business – for the adjuster to be polite and indeed downright friendly.  Why?  Because you as the claimant are more likely to cooperate with the adjuster and give the adjuster the information he or she needs if the adjuster is friendly.  The insurance company doesn’t want you to cut off communication and seek a lawyer, and the best way keep you from doing so is to be nice.

As lawyers who have represented people in Tennessee truck and car accidents for over thirty years, we cannot over-emphasize the need to seek prompt medical attention for injuries received in auto and truck accidents.

Here is the problem:  if you delay seeking medical attention, the at-fault driver’s insurance company will argue that you were not hurt, that your injuries were not serious, or that your complaints are related to something other than the motor vehicle accident.  

There is a tendency for good people NOT to seek medical attention promptly, out of fear that they will be deemed whiners.  This thought process, while admirable, actually works against a person when they later try to resolve a personal injury claim.

A person who suffers an injury in Tennessee automobile accident as a result of the negligence of another person has a right to recover damages for their injuries.  As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident  injury victim can recover damages for the following:

  • medical expenses
  • lost wages
  • pain 
  • suffering 
  • disfigurement 
  • disability
  • loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for 

Tennessee law provides that it is illegal for children under the age of 6 to ride in the bed of 3/4 quarter ton or less pick-up trucks while the trucks are being operated on any local, county or state road.

Exceptions are made for parades and similar events if the speed of the truck is less than twenty miles per hour and when the child is in the truck bed in connection with agricultural activities.

Tennessee counties are given the express right to enact ordinances to raise the age limit from 6 years of age to 12.  

The 2012 Allstate America’s Best Drivers Report says that Chattanooga and Knoxville have better drivers than Nashville and Memphis.

Drivers in Chattanooga ranked 26th on the Best Drivers List, with drivers having an average of 11.4 years between accidents.  This means that drivers in Chattanooga were 12% less likely to have an accident than the national average.

Knoxville beat out Chattanooga, ranking 9th on the national list.  Drivers there had an accident on the average of every 12.2 years.  Knoxville’s relative accident likelihood was 18.1% less than the national average.

As car and truck accident attorneys serving people in Nashville and across Tennessee, we receive many calls every year from people who were injured when another driver pulled out of a parking lot and collided with the caller’s car on a public street.

Tennessee law has very strict rules concerning the responsibilities of a person who leaves a private parking lot and pulls into a public street.  The law provides that the driver leaving a parking lot must yield the right-of-way to pedestrians and all vehicles approaching on the roadway.  The failure to do so means that the driver is negligent as a matter of law and is legally responsible for harm caused by the error.  This Legal Guide discusses the  damages that may be recovered in Tennessee auto and truck accident cases.

If you or a loved one is injured in any type of motor vehicle accident, we would be honored if you would give us a call and allow us to help you.  We have over 30 years of experience in this type of litigation, and will have an initial consultation with you at no charge (and no obligation) whatsoever.  Call me, John Day, at 615.742.4880 or toll-free at 866-812-8787 to discuss your case or, if you wish, complete this Contact Form and we will promptly call you.

Blind or visually-impaired pedestrians using a white cane or stick (or white cane or stick tipped in red) or guided by a guide dog or a dog with a blaze orange lease has the right-of-way while crossing any public street in Tennessee

Vehicles who seek such persons must bring their vehicle to a complete stop and take all reasonable precautions before moving the vehicle to avoid injury to the visually-impaired person.

Violation of this law is a Class C misdemeanor. 

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