Tennessee Injury Law Center

August 6, 2014

Traffic Control Signals and Motorcycles: Proceed at Your Own Risk

Under Tennessee law, a driver of a motorcycle can proceed through a red light under certain circumstances. T.C.A. § 55-8-110 (b) provides as follows:

(b) Notwithstanding any law to the contrary, the driver of a motorcycle approaching an intersection that is controlled by a traffic-control signal utilizing a vehicle detection device that is inoperative due to the size of the motorcycle shall come to a full and complete stop at the intersection and, after exercising due care as provided by law, may proceed with due caution when it is safe to do so. It is not a defense to a violation of § 55-8-109 that the driver of a motorcycle proceeded under the belief that a traffic-control signal utilized a vehicle detection device or was inoperative due to the size of the motorcycle when the signal did not utilize a vehicle detection device or that the device was not in fact inoperative due to the size of the motorcycle.

So what does all that mean? Well, if it is actually a traffic-controlled signal and you, as a motorcycle driver, proceed safely through the red light, then no problem. If it is a traffic-controlled light and you, as a motorcycle driver, proceed through the light but cause an accident because you failed to notice an oncoming vehicle or other issue, then you may be at fault. And if you proceed through the red light and it was not actually a traffic-controlled light, then you could still be ticketed for running a red light. So, all that to say, proceed at your own risk as a motorcycle driver when proceeding through a red light. Here is an article that may help motorcycle riders determine which red lights are actually traffic-actuated.

August 4, 2014

Lane Splitting Illegal for Tennessee Motorcyclists

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

John and Joy Day both love motorcycles. In fact, their first date was a 17-hour motorcycle ride and hiking expedition. Joy on a 100^th Anniversary Edition Harley Sportster and John on a BMW 1200CLC. So it is not surprising that at The Law Offices of John Day, P.C., we are profoundly interested in making sure motorcyclists practice safe and legal riding. And, of course, to the extent a motorcyclist is injured by the carelessness of another, our award-winning lawyers are here to help.

Over the next few days, we are going to cover some of the basics of Tennessee’s motorcycle laws. Today, we will start with lane splitting. Lane splitting is the practice of riding a motorcycle in between lanes when traffic is stopped or slowed. In some states such as California, lane splitting is a legal maneuver. But in Tennessee, motorcyclists are not allowed to split lanes.

Tennessee Code Annotated 55-8-182 provides the following rights and responsibilities for motorcycle riders and sections (b) and (c) specifically address lane splitting:

July 29, 2014

Drug-Impaired Driving

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

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.

July 24, 2014

Funeral Processions and Car Accidents: Who Has The Right of Way?

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

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.

July 24, 2014

Some Older Drivers Present Risk on Tennessee Roads

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

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.

July 15, 2014

Fight Underway Over Trucking Regulations Designed to Prevent Fatigued Truck Drivers From Being on the Road

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

You may have heard about the trucking accident that seriously injured actor and comedian Tracy Morgan and killed comedian Jimmy McNair. The truck driver who crashed into their limousine van is alleged to have been sleepless for 24 hours before the crash. Fatigued drivers are less attentive and often fall asleep so federal regulations are in place to prevent this type of reckless conduct and protect the motoring public. But, a fight is now underway in Congress on just how tough those regulations should be.

In fact, just days before the Tracy Morgan accident, the Senate Appropriations Committee passed an amendment which would suspend the regulation which requires truckers to take an extended break from driving after reaching weekly limits. Under current regulations, if the driver has driven 70 hours over 8 days or 60 hours over 7 days, there is a mandatory restart requirement which provides the driver must take 34 hours off. But, a group of senators including Cory Booker, Dianne Feinstein, Charles Schumer, Elizabeth Warren and others think these regulations save lives and have introduced an amendment which would keep these important safety regulations in place.

According to the senators involved in the amendment, the number of deaths caused by truck accidents nationwide has increased 16 percent since 2009 and the number of injuries has increased by 40%. On average, more than 4,000 people lose their lives and another 100,000 are injured in truck crashes. In Tennessee, in 2013 alone, the big four counties of Davidson, Knox, Hamilton and Shelby saw over 4,000 large truck crashes. Given these statistics, we find it hard to believe that anyone would suggest the regulations should be weakened.

July 13, 2014

For Kids, the Drunk Driver That Is Likely To Injure or Kill Them Is In Their Own Car

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

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.

July 10, 2014

Food Poisoning: Restaurants Present Greater Risk

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

According to a recent report, you are twice as likely to get food poisoning from a restaurant than you are from food prepared at home. According to the Centers for Disease Control and Prevention, food borne illness outbreaks sicken more than 48 million people annually. Of that number, 128,000 require hospitalization and 3,000 will die. Importantly, the Center for Science in the Public Interest believes that these numbers are actually low due to underreporting of outbreaks.

We have more information on food poisoning on our website, including a video by John in which he outlines what you should do if you think you have been the victim of food poisoning from a restaurant. If you would like to discuss a potential food poisoning case, call us at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation. We handle all food poisoning cases on a contingency basis so we only get paid if we recover money for you.

July 8, 2014

Tennessee’s Drunk Driving Laws under Scrutiny

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

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