Articles Posted in Auto Accidents

Driving a motorcycle carries a certain appeal for a lot of people here in Tennessee, and although driving one carries many advantages, there are some significantly higher disadvantages as well. Tennessee is one of the best places to be a rider with the gorgeous scenery and endless miles of roadways, but we all know just how easily an accident can occur, and being on a motorcycle leaves you at a much higher risk for an accident involving a serious injury. Helmet laws help save lives here in Tennessee by reducing fatalities, traumatic brain injuries and other serious head and spine injuries. There is no dispute that by wearing a helmet, you can prevent, or at least minimize an otherwise debilitating traumatic brain injury that can have life-changing effects. If you are injured in an accident, contact a Nashville motorcycle accident lawyer to understand your options.

Statistics to Consider

Think about these facts in regards to motorcycles from the National Highway Traffic Safety Administration (NHTSA):

Can there be a presumption of comparative negligence when a driver fails to abide by traffic lights and signals? A Tennessee court recently addressed this issue while considering claims for negligence resulting from an automobile accident.

In Vaal Hall v. Charles L. Owens Jr., et al., the plaintiff, Vaal Hall, sued the defendant, Charles Owens, Jr., for injuries resulting from an accident that occurred on November 3, 2009.  That morning, Mr. Hall was driving his car when he approached a local intersection in the southbound direction. Although the left-turn signal was red at the time, Mr. Hall entered the left-turn lane and prepared to turn. At the same time, Mr. Owens was driving a tractor trailer headed northbound through this intersection. His light was green as he approached, and he continued through the intersection at the same time that Mr. Hall proceeded to turn left. Mr. Owens attempted to avoid a collision with Mr. Hall, but his truck hit the passenger side of Mr. Hall’s vehicle, and Mr. Hall suffered serious injuries.

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It is widely agreed that a failure to wear a seatbelt while driving is one of the leading causes of fatalities in automobile accidents. Yet state patrol officers in Tennessee continue to report large numbers of drivers and passengers who choose not to wear their seatbelts while on Tennessee roadways. In an effort to further encourage seatbelt use and reduce fatality rates, the Tennessee legislature has implemented a new punishment for those who ignore these precautions:  increased fines for those who fail to abide by Tennessee’s seatbelt laws.

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In the age of smartphone technology, distracted driving is a reality of day-to-day life. Whether communicating with family and friends, responding to urgent work requests, or simply checking the news, drivers in Tennessee and throughout the country increasingly use their smartphones to connect or entertain themselves even while driving.  In recent years, Tennessee has enacted several laws to reduce smartphone usage on the road, but with mixed results. Now, the Tennessee legislature aims to get tougher on smartphone usage and driver safety.

Currently, Tennessee law prohibits drivers from texting or emailing while on the road, but it does not ban cellphone use entirely. Drivers who violate these laws face up to $50 in fines plus court costs. In reality, however, Tennessee police officers frequently report that it is difficult, if not impossible, to catch drivers in the act of texting or emailing. Even if drivers are caught in the act of holding their phone while driving, they can simply claim to be dialing a number or checking traffic, neither of which are illegal under Tennessee laws.  Since police officers can rarely confirm what a driver was doing on their phone prior to being pulled over, the practical effect means that infractions for texting or emailing are rare.

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When auto accidents occur, they can be the result of individual driver errors, unsafe driving conditions, or unexpected events. In the case of Lee Ann Tatham, it is alleged that her accident and subsequent injury were not the result of her own negligence or factors out of her control, but a direct consequences of Bridgestone Tire Company’s defective tire product.  Despite sustained efforts by Bridgestone to remove Ms. Tatham’s accident claims at the summary judgment stage, the Tennessee Supreme Court has recently ruled that Ms. Tatham’s lawsuit may continue because she has raised genuine issues of fact as to the role that Bridgestone’s tires may have played in her dangerous accident.

Ms. Tatham bought her Bridgestone tires in March 2008, after being told that they were the best value for her money. Although she did not perform any specific maintenance on the tires over the years, she also reported that she did not have any problems with the tires or her vehicle prior to her accident.  In late May 2008, Ms. Tatham was completing an eight-hour drive when she suddenly lost control of her vehicle, hit a guardrail, and flipped into a ditch. She could not identify and did not observe what happened to her vehicle, but she remembered the sudden loss of control and panic that she felt.

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