Automobile Accidents

January 9, 2013

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:

January 6, 2013

Tennessee Highway Deaths Increase by 8% in 2012

by The Law Offices of John Day, P.C.

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:

January 5, 2013

Drowsy Drivers Cause Injuries and Deaths on Tennessee Highways

by The Law Offices of John Day, P.C.

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.

December 19, 2012

New Rules For Where Individuals Can Be Sued in Auto Accident Cases in Tennessee

by The Law Offices of John Day, P.C.

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.

December 16, 2012

1 out of 4 Drivers on Tennessee Highways Have No Insurance

by The Law Offices of John Day, P.C.

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.

December 14, 2012

Texting and Use of Cell Phones Are Killing People on Our Highways

by The Law Offices of John Day, P.C.

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.

December 14, 2012

Alcohol Impaired Automobile Accidents Decline in United States

by The Law Offices of John Day, P.C.

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.

December 13, 2012

Tennessee Automobile Crash Deaths Decline in 2011 But Are Back Up in 2012

by The Law Offices of John Day, P.C.

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.

November 25, 2012

“The Insurance Adjuster Was So Nice In The Beginning”

by The Law Offices of John Day, P.C.

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.

November 17, 2012

Why Should I Seek Medical Treatment Promptly if I Am Hurt in A Tennessee Automobile or Truck Accident?

by The Law Offices of John Day, P.C.

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.