Tennessee Injury Attorney Blog

Knoxville Motorcycle Accident Attorneys: Watch for Riders, Enjoy the Weather!

Mon, 09 Apr 2012 09:57:46 -0500

A recent sobriety checkpoint in Blount County netted a large number of citations given to motorcycle riders wearing non-compliant helmets.

The checkpoint on U.S. highway 129, resulted in 17 citations. Fifteen officers worked the checkpoint, which saw more than 200 vehicles in about two hours. As authorities work to reduce the risk of Tennessee drunk driving accidents, they found themselves monitoring the start of motorcycle riding season.

Knoxville motorcycle accident attorneys know May is motorcycle safety and awareness month. But that doesn't mean thousands of riders aren't already hit the streets following the unusually mild northern winter. Motorists are reminded to look twice and save a life as the spring and summer riding season gets under
way.

Eight riders at Saturday's checkpoint were given citations for wearing non-compliant helmets, which means they were not approved by the Tennessee Department of Transportation. Helmetcheck.org is a resource riders can use to help ensure they are wearing an approved helmet; the DOT or Snell sticker should also be located on the inside or outside of the helmet.

The truth is that the vast majority of riders are safety conscious, and all too aware of the risks inherent in riding a motorcycle. The National Highway Traffic Safety Administration reports more than 4,000 riders a year are killed and nearly 100,000 are seriously injured in riding accidents.

About 100 riders a year are killed in motorcycle accidents in Tennessee.

And in more than half of all fatal accidents involving another vehicle, the driver of the other vehicle is at fault. Failure to yield and turning left in front of a rider is the most common cause of serious and fatal motorcycle accidents.

The Motorcycle Safety Foundation offers 10 Tips every car and truck driver should know about motorcycles:

-Look for motorcycles, particularly at intersections.

-A motorcycle's size may mean it is closer than it appears. Speed can also be difficult to judge. When pulling into traffic, whether at an intersection or from a private drive, assume the rider is closer than he looks.

-Blind spots can hide motorcycles. So can obstacles like bushes, fences and parked cars. Take a moment to check thoroughly.

-A motorcycle's small size makes it look fast; don't assume a rider is speeding.

-Brake lights don't always activate when a rider is slowing -- bikes can be slowed by rolling out of the throttle and down shifting. Allow plenty of following distance.

-Turn signals on motorcycle's don't shut off on their own. Therefore they can be left on accidentally. Make sure of a rider's intentions before proceeding.

-A motorcycle is entitled to it's own lane of travel, and may move around in that lane to avoid debris, for better visibility or for other reasons. Don't crowd a rider.

-While a motorcycle can be quite maneuverable, don't expect a rider to be able to dodge out of the way.

-Motorcycles can be slow to stop, particularly on wet or slippery pavement.

-Think of a motorcycle in motion as a person.

Mills v. Fulmarque Illustrates Time Limitations in Knoxville Injury Claims

Wed, 28 Mar 2012 09:58:45 -0500

Timing is a critical component of all lawsuits. Federal and State statutes clearly and concisely designate specific time-frames for which pleadings and papers can be filed in order to be considered timely. Mills v. Fulmarque is an Tennessee personal injury case which arose when a man fell off of his chair and injured himself while in the workplace. The victim, Calvin Mills, then sued his employer as well as the seller of the faulty chair. Two years later, there was an attempt by one of the co-defendants to add the manufacturer to the litigation alleging comparative fault. The problem in the litigation arose because the statute of limitations had run and no other parties could be added to the litigation, thus leaving an at-fault party free from answering for their negligence.

The court in this case finally clarifies any possible ambiguity in Tennessee statute by holding that where a state statute states, "a cause of action for injuries to the person must commence within one (1) year after the cause of action," additional parties cannot be added after the one year has run from the time of the original injury. Tenn. Code Ann. §28-3-104(a)(1)(2000). The court interpreted statutes to show that any statute of limitation extensions applied to the naming of new parties. This holding prevented Mills from seeking recovery from the manufacturer of the faulty office equipment. By failing to identify all potentially at- fault parties, the attorney denied Mills his opportunity to recover the injuries he sustained due to the negligence of others.

It is extremely important when involved in a lawsuit to have a Knoxville injury attorney who is well versed in the law and can file the appropriate filings within the allotted time. It is important to get it right the first time because if you do not, you can be limited in future recovery. In Mills, the attorneys did not exhaust their resources in investigating possible parties to their lawsuit and as a result, their client was not able to receive the justice he deserved. Had there been more time, the injured worker would have been able to seek remedies from all of the parties at fault. However, as in all litigation, there are strictly applied time limits for which you can file a claim. If no claim is filed, or if it is not filed against the proper parties, then you can lose your ability to sue and obtain the judgment you so rightly deserve. Lawsuits are complex and it is critical to have a well informed and meticulous advocate zealously representing your rights.

The allotting of fault and the choosing of parties is a strategic decision that is contingent on your specific state law. When determining negligence involved in an injury, you need to know how each state addresses fault and what possible defenses are available. States vary on which doctrines they follow, such as comparative negligence, contributory negligence or assumption of the risk. This is a concept that is not a central point in this case or decision, but is important for people to be aware of. This is yet another reason why you need help from a competent attorney to obtain the maximum recovery for you.

Tennessee Trucking Accident Watch: Unfair Insurance Company Settlement Practices in Rhodes v. AIG

Tue, 20 Mar 2012 13:42:12 -0500

When you are involved in a Tennessee trucking accident it is important to have an experienced personal injury attorney to guide you in the settlement and trial process. A veteran Knoxville injury attorney can help you identify the parties that are at fault or those who are acting negligently. And most importantly can help you deal with insurance companies focused on limiting your claim and protecting their bottom line.

Rhodes v. AIG is a case that illustrates the deceptive practices of insurance companies. The issue addressed here is how to manage damages where the defendant insurance company is engaged in willful and knowing unfair settlement practices.

Rhodes was the driver of a passenger vehicle when the defendant Carl Zalewski, who was negligently driving an eighteen wheel truck, hit plaintiff in the rear of her car. While Zalewski was driving this truck, he was acting within his job duties as a driver for Driver Logistic Services (DLS). DLS had their primary insurance with Zurich and their excess policy with National Union Fire Insurance Company ("National Union"). Their coverage was $2 million and $50 million respectively.

Excess insurance coverage is used by large companies to shield themselves from the risks and liabilities of these highly dangerous accidents involving trucks.

Upon the impact to the plaintiff's vehicle, Rhodes suffered a fractured spine leading her to become paraplegic. Plaintiff spent several months in the hospital after spinal fusion surgery. She also suffered from several other health issues because of this injury to her spine.

Through this case it is seen how tragic the injuries can be in trucking accident cases. This plaintiff, who was not at fault, will spend the rest of her life in a wheelchair. Also, her family suffered and will continue to suffer greatly because of the injuries Rhodes sustained.

The court in this case was charged with interpreting their state statute in determining how to establish a punitive damages award in the instance where one party fails to promptly, fairly and equitably negotiate settlement with the plaintiff. The Georgia Statute does not require insurance companies to settle with plaintiffs, but what is required is that the insurance companies act promptly and reasonably when the negotiations are taking place.

In order to find the defendant's guilty of this, the court said that the plaintiff had to prove that the breaching party willfully and knowingly participated in these unfair settlement practices. Plaintiff alleges that both of the insurance companies involved were participating in this behavior, which was therefore a violation of the statute at issue.

Five months after the plaintiff filed a lawsuit against the two insurance companies, plaintiff settled with National Union, the excess insurance carrier, through their claims administrators at AIG.

Although the plaintiff settled with one of the parties, the case continued to the superior court where the court heard the case. They found that the primary insurance company did not violate the statute because it did not infringe on the integrity of the settlement process. The court went on to explain that the issue of whether National Union or their claim administrators at AIG violated the statute was irrelevant because even if the plaintiff proved that those parties were engaging in this behavior, she would be barred from collecting damages from them two times.

What the court did explain was that the state statute that is controlling in deciding punitive damages associated with unfair settlement practices, awards damages where the plaintiff is able to prove that there is a link between their injuries and the unfair practices she is contending. If the plaintiff is able to prove this, the court held that the statute indicates the plaintiff's award for punitive damages is two times the award plaintiff received in the original suit.

The application of the law to the facts in this case would have led the plaintiff to receive an exorbitant amount of money. Although the court was very sympathetic to plaintiff's injuries, they do contend that they do not necessarily agree with doubling the original damages award as punishment for unfair settlement practices.

Rhodes is a case that warns the legislatures to make sure that the statutes that are used in determining damages, provide for an equitable award.

Had the attorney in this case warned her client not to settle, the client would have received an additional $22 million dollars.

You need the right attorney to help you navigate through all the law to get you the award you are entitled to.

In Knoxville Motorcycle Accident Liability, Helmets Not an Issue

Fri, 09 Mar 2012 15:14:02 -0500

A bill that would have eliminated the requirement for motorcycle riders to wear helmets in Tennessee has been shelved this legislative session.

Those against the bill say wearing a helmet dramatically curbs the risk of serious injury in the event of a Knoxville motorcycle accident. Proponents of the bill, meanwhile, believe that the decision about whether to wear a helmet should be a personal one, not dictated by politicians.

Knoxville personal injury attorneys know this much: Whether the motorcycle is wearing a helmet holds no bearing on the liability of the other party in the event of a crash. What that means is that if you are involved in a crash, regardless of whether you are wearing a helmet, you can still move for legal action against the at-fault driver of the other vehicle. An experienced attorney can help you weigh all the options.

Still, the helmet issue was one that both sides were quite passionate about.

The Motorcyclist Liberty Restoration Act would have ended the requirement for riders over the age of 21 to wear a helmet in the state of Tennessee.

On the one hand, you had Libertarians, who viewed the issue as one of civil freedoms.

Rep. Glen Casada, R-Williamson County, was one of the bill's co-sponsors. He was quoted as saying that government should not serve as mother and father to its citizens. The mandate that all motorcyclists wear helmets was taking things one step too far.

In repealing the law, supporters said it would boost the state's tourism numbers, as more riders would begin flocking to the state.

On the other side, you have safety advocates, who said that helmet laws helped taxpayers avoid millions of dollars in expenses when riders suffered serious and long-lasting injuries. One study analyzed helmet use in states that had repealed their helmet requirement laws. They found that helmet use did indeed decline, and the number of motorcycle fatalities rose by some 30 percent.

Dr. Blaine Enderson of the University of Tennessee Medical Center, recently wrote an editorial that appeared in The Tennessean. He said that while he supported personal freedom of choice, motorcyclists don't live in a bubble, and the choice of whether to wear a helmet is one that could affect their family, their employer and the community at-large.

A spokeswoman for the Tennessee Nurses Association was quoted by the local press as saying the issue is no different than laws that require vehicle occupants to wear seat belts.

Using this comparison, our Tennessee injury attorneys would note that just because a person isn't wearing a seat belt at the time of a crash, it doesn't release the other at-fault driver from being held legally accountable. It's the same with motorcycle riders.

The truth of the matter is, the majority of motorcycle accidents are caused by drivers who either aren't paying attention or aren't being respectful of these two-wheeled vehicles sharing the roadway. In these cases, it's important to have an experienced attorney who will fight to win you the compensation you deserve.

Tennessee Injury Watch: Baker v. St. Paul Says You Cannot Double Dip

Tue, 06 Mar 2012 12:33:43 -0500

The law governing work-related injuries is very complicated and can be confusing. It is challenging to understand what to apply for and with whom. When you are injured and need medical attention, navigating through all of the rules can be disheartening. If you are confused about the benefits you are entitled to, you can very easily make a mistake that can leave you without the help you need. A Knoxville injury attorney can ensure your rights are protected in the wake of an accident.

The First Circuit Court of Appeals decided a case where there was confusion about whether an injured worker could collect from both Worker's Compensation and their employer's insurance company. In this case it was held that a Massachusetts person could not recover for work related injuries under both Worker's Compensation and an employer's uninsured/ under-insured motorist (UIM) insurance coverage. However, the court created an exception for when the employer "explicitly purchased" the UIM coverage with the intention of protecting their employees. Baker v. St. Paul Travelers Ins. Co.

Essentially, the court said that UIM coverage in the case of a work-related injury is dependent on the employer's intent when purchasing the insurance coverage. If the employer's reason for purchasing the UIM coverage was to protect their employee in the case of injury during work, then the employee can recover from both Worker's Compensation and the employers UIM insurance carrier. However, if the employer did not intend for their employees to be covered or even if the employer did not think about coverage for their employees then the employee cannot recover benefits from both their state Worker's Compensation and their employers UIM insurance carrier. There is only a tiny distinction between instances where you can collect from both and instances where you can not. While this particular court ruling does not apply in Tennessee, it illustrates the complexities involved in seeking justice after a serious or fatal accident.

The decision in Baker arose in 2002 when Heidi Baker, who was employed by Safety Source Northeast (Safety), was severely injured in an automobile accident that caused by a third party while she was doing her job. Baker first applied for and collected Workman's Compensation benefits. These benefits were not enough to cover her bills so she later applied for benefits under the UIM provision of the commercial automobile insurance policy her employer had with St. Paul Travelers Insurance Company (St. Paul). Unfortunately, Baker was not aware of the benefits she was entitled to and she was left without the recovery she needed to pay for the cost and expenses incurred because of her injury.

MA law says that a person cannot file claims under both Worker's Compensation and an employer's UIM insurance coverage except when an employer "explicitly purchased" the UIM coverage to protecting their employees. In this case, the President of Safety testified that was is solely in charge of purchasing commercial automobile insurance for the company, yet he was "unaware" of the UIM coverage under the Safety policy.

Through this testimony the court determined that the employer did not have the intent to protect their employees with this insurance, and therefore Baker was left without this assistance. The insurance company won this case and it was decided that the victim could not receive benefits from both Worker's Compensation and her employer's insurance policy.

In cases of work-related injuries the guidance of an experienced and trustworthy attorney is invaluable. Medical costs are high and the cost of a work-related injury can seriously impact your life. The application process and receipt of benefits can be confusing, and it can be difficult to determine what assistance you are entitled to. Especially when driving is a job duty, employees need to be aware of their employer's insurance coverage and how it applies to them. Additionally, there are even some states, such as MS, that have laws that limit your recovery. If you are ever involved in a job related injury you must know your state Workman's Compensation law and the rules governing your insurance policy before you enter a claim. When leaving these concerns to a dedicated attorney, you can concentrate on getting better.

Knoxville Trucking Accidents Partially Blamed in Rising Teen Deaths

Sun, 26 Feb 2012 10:10:18 -0500

Trucking accidents in Knoxville and across the country are part of the reason more teenagers are losing their lives behind the wheel.

A new report released by the Governors Highway Safety Association indicates that for the first time in 8 years, teen driver deaths overall were increasing. For the first six months of last year compared to the first six months of 2010, there was an 11 percent increase in the number of teen drivers killed nationwide. That includes statistics analyzed from all 50 states, as well as Washington D.C.

While our Knoxville trucking accident attorneys understand the report doesn't specifically break down how many of those were due to accidents involving big rigs, based on previous research, it is safe to say crashes with large trucks were at least partially to blame.

In fact, the National Highway Safety Association reported that between 1975 and 2005, more than 7 percent of all those killed in large trucking accidents were aged 17 and under. Drivers aged 18 to 25 accounted for 17 percent of all trucking accident fatalities - a larger portion than any other age group.

The new report from the governor's association found that in a state-by-state examination of teen fatalities, driver fatalities for 16-year-olds increased by 16 percent, while driver fatalities for 17-year-olds is up by 17 percent. Overall, 19 states (including Tennessee) reported some decrease in fatalities, while 23 states reported a marked increase. Some states, including Florida, North Carolina and Texas, reported a skyrocketing increase.

Researchers pointed to the fact that the benefits of graduated driver's license programs, such as the one implemented in Tennessee in 2001, are beginning to level off.

While many fatal trucking accidents in Knoxville involve truck driver error (most commonly, failure to maintain proper lanes, speeding or distracted driving), it pays for teens to be educated in how to maneuver around these large vehicles.

The fact is that when a passenger vehicle is involved in a wreck with a big rig, there is an increased chance that the injuries will be more severe or result in death.

This underscores how critical it is for parents to have some discussion with their teen about how to drive safely around large trucks, as they don't operate under the same laws of physics as passenger vehicles.

The Geico Educational Foundation, an arm of the car insurance company, recently released an easy-to-read brochure that breaks down some of the ways teens can be sure to avoid a Knoxville trucking accident.

The brochure first goes over the basics of any safe driver: Don't speed, drive aggressively or allow yourself to be distracted by your friends or cell phone.

Secondly, it urges teens to avoid the trucker's blind spots. These cover pretty wide swaths of roadway around the truck, but the best rule to follow is to make sure you can see the trucker's mirrors. If you can't, the trucker can't see you.

Thirdly, if you plan to pass a large truck, make sure you can see the front of the rig in your rear view. Don't ever flash your brights at a trucker to signal that you plan to change lanes. This can be very confusing, as it sometimes signals a police cruiser is up ahead. Either way, simply use your turn signal.

Finally, don't stop suddenly in front of a trucker or swerve abruptly in front of him or her. Truck drivers aren't able to slow or stop as quickly as someone in an SUV or passenger car. It's better to give yourself plenty of space so this won't be an issue.

Man Eludes Death Following Train Accident in West Knoxville

Wed, 15 Feb 2012 11:08:09 -0500

A local driver is counting his blessings today! He was able to avoid a potentially fatal car accident in West Knoxville when he escaped his truck just after it got stuck on the train tracks. After he made it out safely, the vehicle was hit by a 33-car CSX Corp. freight train. The accident happened near on Jackson Road, near Amherst.

"He wasn't trying to beat the train, he just got stuck there on the tracks," said Knoxville Fire Department spokesman Capt. D.J. Corcoran.

Train tracks are the location of numerous fatal car accidents. In these situations, motorists often stand little to no chance surviving the impact of an oncoming train. Our Tennessee car accident attorneys ask that all residents be cautious when traveling near trains and their tracks. While you may think you'd be able to see a train coming and escape its path, that's not always the case. Some statistics conclude that a train and a car collide every 12 minutes in the U.S. This means that about 9,570 train accidents happened in 2009. Of these accidents, it's estimated that nearly 650 people were killed and another 6,670 people were injured. More than 95 percent of these accidents happened at rail-highway intersections and in trespassing instances.

Neither the truck driver nor the operator of the train involved in the West Knoxville train-truck accident is facing any charges, according to Knox News.

According to Knoxville Police Department spokesman Darrell DeBusk, the flatbed truck was carrying an earth mover. It was heading southbound on Jackson when it was struck. The train was heading eastbound and unable to stop before hitting the truck.

The driver of the flatbed truck said he heard the warning bells and saw the railroad crossing arm descending. At that point, he jumped out of his vehicle. He said there was no other choice. The company owning the flatbed called its hazardous materials team to the scene of the accident for cleanup. After the collision, diesel fuel leaked out onto the tracks and the roadway. The train was carrying ethanol and butane. Thankfully, the cars carrying these materials were further back and not affected by the crash.

In the state of Tennessee there are nearly 2,820 public at-grade railroad crossings. To help to reduce the risks of motor-vehicle accidents in these locations, the Tennessee Department of Transportation previously launched a safety campaign. This safety campaign consists of posters and billboards scattered throughout areas near high traffic railroad crossings. These signs are to remind pedestrians and drivers to be alert near crossings and railroad tracks.

In 2009 and 2010, there were nearly 100 train-vehicle accidents in the state of Tennessee. In these accidents, five people died and more than 25 were injured.

Drivers are asked to use caution near all train tracks, but especially at ones near rail-highway intersections. Never attempt to cross train tracks unless you're sure you can make it all the way across. If you see a train coming, stop a significant distance from the tracks to avoid a collision. Turn your radio down when approaching these areas so that you can hear your surroundings, too. Accidents with trains are highly preventable with the proper safety precautions. Be careful out there and stay alert.

Photos at Sobriety Checkpoints to Convey Message of the Dangers of Drunk Driving in Tennessee

Tue, 07 Feb 2012 08:53:30 -0500

A drunk driving car accident in Tennessee 41-years-ago is remembered by signs on the side of the road on Murfreesboro Road near Clovercoft Road. That night, the lives of two residents changed forever. A woman involved in the accident, who was seven months pregnant at the time, remembers it vividly. She says her husband, herself, their daughter and their nephew were heading back from a peach-picking trip is Nashville when a drunk driver crashed into the car. Their 19-month-old nephew and their 4-year-old daughter were killed in that accident.

The pregnant passenger suffered from a broken neck and burns on almost three-quarters of her body. Her husband was badly burned as well.

Our Tennessee drunk driving car accident attorneys understand that the Franklin Police Department conducted its very first sobriety checkpoint this last Saturday to help to reduce the risks of anymore accidents like that one. The funds for the checkpoints were provided by the Governor's Highway Safety Office. That checkpoint was dedicated to the family, which has been mourning their run-in with a drunk driver for more than 40 years. Pictures of the woman, the husband and the pair's daughter, who was born prematurely and blind, were on display at that site of the DUI checkpoint, according to The Tennessean.

As this family is all too painfully aware, the consequences of drunk driving can last a lifetime.

"This kind of shows more of a powerful reason of why we are out there," said Franklin Police Officer Rachel Gobe. "We are out there for a reason: to save lives."

The woman involved in the drunk driving accident was the national president of Mothers Against Drunk Driving (MADD) and started the organization's Tennessee chapter back in 1981. She even appealed to President Clinton, asking him to lower the drunk driving limit from .10 to .08 blood alcohol concentration (BAC). That national standard was passed late in 2000.

Although she is no longer the national president of the organization, MADD is still going strong in its fight against drunk drivers across the nation. According to a recent press release from MADD, new legislation is being pushed to require everyone convicted of drunk driving to install ignition interlock devices, or machines that measure a driver's blood alcohol content. The vehicle won't start if the driver has been drinking. The majority of drunk driving car accidents are caused by repeat offenders. The interlock devices would help to make sure these motorists won't be drunk on our roadways.

"While drunk driving remains the primary threat to American families traveling on our roadways, we are closer than ever to making sure no family must endure the pain of losing a loved one to this 100-percent preventable crime," said MADD National President Jan Withers.

These devices are one of the most beneficial components of the Campaign to Eliminate Drunk Driving®. The passage of laws requiring these devices for all offenders have already reduced the risks of drunk driving-related fatalities, as observed recently in Arizona and Oregon.

Ignition interlock devices save lives and save taxpayer money. For an offender who has been sentenced to use an interlock device, the user has to dish out about $2.25 for each day for its use. Researchers conclude that for every dollar invested in these devices for a first-time offender, it saves the public about $3. When you consider that drunk driving accidents cost the nation more than $130 billion every year, the fees required by these convicted drivers is a small price to pay to help ensure roadway safety and to help to reduce the risks of alcohol-related traffic accidents.

Lastly, MADD is hoping to get the ROADS SAFE Act into legislation. This act could help to offer research funds to those creating Driver Alcohol Detection System for Safety (DADSS). Both the National Highway Traffic Safety Administration and the Automotive Coalition for Traffic Safety are working to advance this potentially life-saving technology.

Tennessee Department of Transportation Working to Reduce Risks of Knoxville Drunk Driving Car Accidents Over Super Bowl Weekend

Thu, 02 Feb 2012 10:59:16 -0500

"Real Fans Don't Let Fans Drive Drunk" is the message to remember this Super Bowl Sunday. The Tennessee Department of Transportation, Tennessee Department of Safety and the Governor's Highway Safety Office (GHSO) are all pushing that message during Super Bowl XLVI. It's the second most dangerous day to be on our roadways. It ranked in at second place, just behind New Year's Eve for having the most fatal car accidents in Knoxville and elsewhere. Prepare to cheer on your favorite team Sunday and prepare yourself to avoid a potentially fatal accident.

"This Super Bowl Sunday, we want to see zero alcohol-related fatalities in Tennessee, so you will see more troopers in more places looking for people who break the law. Make sure you come out a winner this Super Bowl weekend. Designate a sober driver or take a cab home if you've had too much to drink," said Department of Safety Commissioner Dave Mitchell.

Our Knoxville drunk driving car accident lawyers understand that officers across the state will be out in full force in search of drivers who are under the influence of alcohol. Drunk driving car accidents are completely preventable, and we're asking all residents to huddle up with family members and friends to come up with a game plan to keep everyone safe on our roadways on Sunday. Kickoff between the Giants and the Patriots is at 6:30 p.m. and residents are urged to have their rides situated before then. Make sure you have a designated driver or a safe place to stay if you'll be drinking during the game.

In 2006, troopers made roughly 25 arrests for driving under the influence over the Super Bowl weekend. During this time, there were nearly 10 fatal accidents. One was alcohol-related. That number was down from the statistics from the previous year's Super Bowl weekend. We're hoping that these numbers can be brought down even lower.

Getting a ride home from a sober friend is always a winning play. There nothing safer than catching a ride with someone who is sober. It's important to keep an eye on your loved ones, too. Make sure everyone you know is taking care of themselves on Super Bowl Sunday.

Tips for Going Out on Super Bowl Sunday:

-Most importantly, fans who will be drinking should find a designated driver before the game begins.

-Make sure your designated agrees to drink only non-alcoholic drinks.

-Drink in moderation over time. Drinking too much in too short of a time can make you sick and ruin your game day.

-Always wear your seat belt.

-Keep phone numbers to cab companies with you in case you or a friend is need of a safe ride.

-Eat plenty of food along with your alcohol consumption.

According to the Designated Driver poll from 2005, about 70 percent of drivers have either been a designated driver for someone or have ridden home with a designated driver. This means that nearly 150 million people know how to party responsibly. Let's make this year's stats reach 100 percent. Enjoy the game!

Reports of Nursing Home Abuse in Tennessee Shut Down Facility

Tue, 24 Jan 2012 11:18:15 -0500

A number of complaints regarding nursing home abuse in Maryville resulted in approximately 100 residents being removed from the Colonial Hills Nursing Center. The nursing home allegedly lost its certification with the Centers for Medicare and Medicaid Services because of a number of problems it encountered in 2011, according to Canadian Business. These problems included some life-threatening deficiencies.

The director of health care facilities with the Tennessee Department of Health reported that two of the facility's residents claimed to have been sexually assaulted. Other violations included patients becoming ill from overly-salted foods and complication from being given incorrect medications. The facility has been ordered to shut down and improve its standard of care before it can re-open.

Our Tennessee nursing home abuse lawyers understand that we depend on nursing homes to provide the proper care to our elderly loved ones, and that these centers have a responsibility to follow strict standards of care. Colonial Hills Nursing Center had nearly 165 residents in December when they were given the notification. Roughly 100 of those patients rely on Medicare and Medicaid. The Tennessee Department of Health ordered the facility to relocate those patients by early February.

State officials and the federal government will not pay for sub-quality care. After an investigation into the facility, there were nearly 100 pages of deficiencies identified at that one residence alone.

"This strips an individual of their dignity and respect. No one who is a vulnerable individual should be placed in this situation," said the director of health.

Tennessee state officials believe the state has some of the finest health care professionals and health care treatment facilities in the U.S. While most of these professionals are caring and competent individuals, there are problems that can arise from faulty institutions. For this reason, the state's Department of Health asks that you file a complaint if you feel that the treatment that you or a loved one is receiving from a nursing home in the state is unacceptable.

Tennessee Nursing Home Complaint Activity (2010):

-There were 325 licensed nursing homes in the state.

-Nursing homes received nearly 1,540 complaints.

-There were 300 nursing homes with one or more complaints filed. These homes accounted for more than 90 percent of all of the state's nursing homes.

-There were nearly 40 nursing homes that had 10 or more complaints filed against them. These residences accounted for more than 11 percent of the homes.

-One nursing home went bankrupt.

-There were 12 homes that were cited with standard level care.

-Five nursing homes were cited and ordered to pay a total of more than $1,569,000.

-Five nursing homes had admissions suspended.

ThirdAge.com offers residents of Tennessee with a list of the top-rated nursing homes in Knoxville. Do your homework before choosing a nursing home facility for your or your loved ones.

Advocacy Group and Local Teen Fight for Safer Roads to Reduce Risks of Car Accidents in Tennessee and Elsewhere

Tue, 17 Jan 2012 07:05:18 -0500

According to a recent report, "The 2012 Roadmap to State Highway Safety Laws," Tennessee is one of the country's 18 safest states. Still, the latest statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that there were more than 1,030 traffic accident fatalities here in 2010. The 2010 statistics also illustrate an increase from the 986 who were killed in 2010. While our roadways may have been voted as some of the safest in the country, the number of roadway fatalities is in fact increasing.

According to KnoxNews, a teenage driver in the state is working to spread the word about the importance of safe driving habits to avoid car accidents in Knoxville and elsewhere. Joe Polakiewicz, the new advocate, is choosing to speak up about the dangers teens face on our roadways. The effort for safer roads came after Polakiewicz's October 2010 traffic accident in which he reached down in his vehicle while traveling along Big Springs Road. He unknowingly swerved off of the road, over-corrected his vehicle, spun out and slammed into a tree on the other side of the road. This accident almost took his life. But he survived and now believes it happened for a reason: to promote teen driver safety.

Our Tennessee teen car accident lawyers have read the recent report, "The 2012 Roadmap to State Highway Safety Laws," was conducted by the Advocates for Highway and Auto Safety in which researchers took a look at 15 road safety laws of all states. During the evaluations of each state, researchers looked at how well the state was able to adhere to the safety group's grading scale. Through these ratings, Tennessee came out as one of the top 18 as it had followed 10.5 or more of the safety group's 15 suggested laws.

The more safety laws a state has for its roadways, the safer motorists are. This is a good time to remember how beneficial these laws can be for teens who are just learning to drive. It's vital to reiterate to our newly-licensed drivers the importance of keeping your hands on the wheel and your eyes on the road. Polakiewicz's accident was completely preventable. But with his dedication to spreading the word of safe driving skills, safer roadways may be in the near future.

"I just feel that Joe's survival is a miracle and maybe he survived for a reason," Nancy Polakiewicz, the teen driver's mother, told a reporter. "I need to tell his story to prevent others from going through that."

Road Laws Evaluated in the Report:

-Three different laws to limit drivers' ability to pack in the passengers.

-Having seven complete elements of a graduated driver's licensing (GDL) program.

-Four drug and alcohol-impaired driving laws, including one requiring ignition interlock devices for convicted offenders.

-A ban on text messaging for all drivers.

Some of the worst-ranked states were South Dakota and Arizona, with 4 and 4.5 points, respectively.

Parents are reminded that these laws can be useless without adult enforcement. Parents should remain actively involved in their teen's driving career long after they've graduated to an unrestricted driver's license. Parent involvement can be one of the most beneficial factors in the fight against teen car accidents in Tennessee.

Serious Burn Injuries in Knoxville and Elsewhere Accompany a Lifetime of Suffering

Tue, 10 Jan 2012 12:05:34 -0500

Burn accidents can happen practically anywhere if you're not careful. Oftentimes, these injuries can be caused by faulty wiring. They can also happen in rental units, places where smoke detectors are not available, where fire exits blocked or locked and in places not equipped with an adequate fire sprinkler system. According to the American Burn Association, nearly half a million people are injured every year in fire and burn-related accidents and require treatment from emergency rooms across the country. If that's not bad enough, another 4,000 people are killed every year in burn-related accidents. Of these fatalities, roughly 3,000 are the result of residential fires. Fire-related accidents in Knoxville and elsewhere can cause burn injuries that can be excruciatingly painful, devastating for family members and can result in permanent deformities.

Our Knoxville personal injury lawyers understand a dispute with an insurance company and a burn victim can involve proving how the fire-related injury happened and where the heat source originated. Our attorneys help to fight for the rights of burn accident victims. Our firm can help victims evaluate the accident scene and collect relevant evidence to help you prove a case to collect the proper compensation.

Many times, these burn accidents are the result of someone else's negligence. For this reason, it is important for you to contact an experienced attorney if you've been the victim of a burn accident.

In many burn accident cases, it is necessary for a victim to determine if the building in which the accident occurred met current safety codes. In cases where buildings do not meet safety codes and the proper corrections were not made to prevent a foreseeable accident, the property owner can be held reliable for the damages and the injuries.

Of the 4,000 fatalities that occur every year because of burn accidents, about 75 percent of the victims die at the scene of the accident or during the initial transport.

Ways to Help Prevent Burn Accidents:

-Never allow the cords of appliances to dangle.

-Keep your water heater set at 120 degrees.

-Don't use any electric hair styling products near sinks in the bathroom.

-Keep space heaters at least three feet away from anything flammable.

-Keep paint and other flammable liquids in their original-labeled containers.

-Never toss out ashes, either hot or cold, in anything other than a metal container.

-Never smoke while lying in bed or near anything that's flammable.

-If you live in an apartment, know where the nearest stairwell is located.

-If you have an appliance that starts to smoke, unplug it and take it to be serviced immediately.

-Never overload outlets or extension cords.

-Follow the recommendations listed by manufacturers for bulb wattage in light fixtures.

-Never put extension cords under rugs.

Winter Weather Contributing to Numerous Car Accidents on Tennessee Interstates

Wed, 04 Jan 2012 08:26:25 -0500

According to the Tennessee Highway Patrol, there have been a number of serious car accidents in Knoxville on Interstate-75. Officials believe that many of these traffic accidents were caused by the snowy weather conditions, according to NBC10.

Snowfall plagued Campbell County and dispatchers with the Tennessee Highway Patrol are reporting that the Interstate was icy and dangerous. There have been at least three car accidents reported because of the snow, ice and slick roadways. Mile marker 158 on I-75 was blocked off because of an accident that happened just before 5:00 p.m. The two other accidents reportedly happened at mile markers 139 and 153.

Our Knoxville car accident attorneys understand that the holiday congested traffic may be departing. But the dangerous winter weather conditions are here to stay for a while. We're asking all drivers to be extremely cautious when navigating snowy and icy roadways. Make it a New Year's resolution to be a better and safer driver in 2012. You can help to reduce your risks of an accident by practicing a few winter weather safe driving tips. The Tennessee Department of Transportation is here to offer you these safe driving tips through its "Ice & Snow: Take It Slow" safe winter driving campaign.

Winter Driving Safety Tips:

-Slow it down. When it snows, you should use your head and not your feet. Reduce your speed when driving on icy, snowy or wet roadways.

-Slow down when approaching bridges, heavily shaded spots, off-ramps and intersections. These areas are prime spots for black ice. Drivers may not always be able to see black ice on the roadway, therefore slow travel is key in preventing an accident.

-Keep the steering to a minimum. Only steer, brake and accelerate when needed. Cutting down on these types of actions cuts down your risks of losing control of your vehicle.

-Keep the distance. Leave more room between your vehicle and other vehicles on the roadways as it's more difficult to stop in these conditions.

-Avoid using the cruise control. You should always stay in control or the acceleration and the brakes when driving on slick roadways. Using the cruise control only slows your ability to react.

-Never crowd snow plows. Give these machines plenty of room to do their job. Remember these vehicles travel much slower than normal traffic.

-Before leaving your home, call 511 from any phone or visit www.tn511.com to learn about current weather and road conditions.

-Leave for your destination with plenty of time to spare. Extra time reduces the need to rush and speed.

-Be sure to clear the snow from your vehicle's windows, headlights and taillights before departing.

-Remember that stopping on slick roadways takes longer than normal and can take more distance. If you have anti-lock brakes, you should brake by pressing firmly down on the brake pedal. If you don't have anti-lock brakes, gently pump the brake pedal to stop.

NTSB Pushes for Nationwide Ban on Cell Phone Use to Help Curb Car Accidents in Knoxville, Nation

Mon, 26 Dec 2011 11:37:58 -0500

Drivers across the country would no longer be legally able to talk, text or surf the web on a cell phone if the National Transportation Safety Board (NTSB) gets its way, according to KnoxNews. The Board made a recommendation this month to get local, state and federal officials to prohibit the use of portable electronic devices for all drivers.

The recommendation comes after a recent meeting in which federal officials discussed the dangers of drivers' bad habits. The meeting covered the catastrophic traffic accident that happened in 2010 in Gray Summit, Missouri, in which a distracted driver allegedly killed two people and injured dozens more. In Missouri, drivers under the age of 21 are prohibited from texting while driving, according to the Governors Highway Safety Association (GHSA). All other drivers are free to do as they wish behind the wheel. That's the problem with current laws. Most states prohibit drivers from texting, but not from talking on a cell phone. It's difficult for officials to determine if a driver is using a phone to call someone or typing a text message. A federal ban on all devices would help officials to bust drivers, and could help reduce the risks of distraction-related car accidents in Knoxville and elsewhere.

Our Knoxville car accident attorneys understand that NTSB doesn't have the authority to enact such a law, but its recommendations typically have a significant influence on laws that are passed by state, local and federal lawmakers. If this proposal were to become law, there would be a few exceptions. For instance, devices used to aid driver safety would be permitted, as well as during emergency situations.

"States aren't ready to support a total ban yet, but this may start the discussion," said Jonathan Adkins, a spokesman for the GHSA.

Currently, there are 35 states that do not allow drivers to text at the wheel. Another nine states don't allow drivers to talk on a cell phone while driving. In these states, enforcement of these laws has not appeared to be a top priority.

"Needless lives are lost on our highways, and for what? Convenience? Death isn't convenient," said Deborah Hersman with the NTSB. "So we can stay more connected? A fatal accident severs that connection."

According to the National Safety Council (NSC), more than a million traffic accidents are caused by drivers who are distracted by cell phones every year. These accidents account for more than 20 percent of all recorded accidents.

Because of these alarming statistics, the NSC says it completely backs the NTSB and its decision to push for a nationwide ban on all electronic devices for drivers.

"This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation's roadways," said Janet Froetscher with the NSC.

New Statistics Reveal More Car Accidents in Tennessee than Last Year

Sun, 18 Dec 2011 11:49:55 -0500

The number of car and trucking accidents in Maryville and elsewhere throughout the state took more lives in 2010 than in 2009 despite an announcement from the National Highway Traffic Safety Administration (NHTSA) that claimed the U.S. saw its lowest number of traffic fatalities since 1949.

In 2010, there were roughly 33,000 people who died in traffic accidents in the country. Yes, this is a decrease from the previous year, but there are a number of accident categories that saw a significant increase during this time.

The NHTSA recently released the 2010 Motor Vehicle Crashes Overview, which details accident statistics from the previous year. This is the most up-to-date information available on traffic accidents in the country. While the number of traffic fatalities decreased nationwide, the number of injuries in fact increased. Broken down into categories, the number of fatalities among large truck occupants, van occupants, bicyclists, pedestrians and motorcyclists actually increased.

Our Maryville car accident attorneys understand that the reduction in traffic-accident fatalities may be short lived. The number of fatalities witnessed during the last part of 2010 illustrated a significant increase. Safe driving experts expect this trend to continue as the economy grows stronger. With a more steady economy, residents feel more confident in getting out and traveling. An increase in traffic equates to an increase in your risks for an accident.

The NHTSA is doing more to specify the types of accidents we see on our roadways. With the release of this year's report, the NHTSA introduced two new measures, the "distraction-affected crashes" and the "alcohol-impaired driving crashes."

-Distraction-affected crashes: This measure is used as a way for the Administration to collect more data regarding the contributions of distractions in a traffic accident. The new measure is being used to zoom in on traffic accidents in which a driver was believed to have been distracted at the wheel during the accident. These types of accidents took the lives of roughly 3,100 people throughout the year.

-Alcohol-impaired driving crashes: This new measure is used to examine traffic accidents in which alcohol was most likely the cause. This measure allows researchers to look closer at accidents in which a driver had a blood alcohol level (BAC) of .08 or above, the legal limit for each state.

"We recognize our responsibility to improve our understanding of the dangers that continue to threaten drivers and passengers," said NHTSA Administrator David Strickland.

Increases in traffic fatalities were witnessed by:

-Large truck occupants

-Motorcyclists

-Occupants of vans

-Pedestrians

-Bicyclists

-Urban-area traffic accidents

-The state of Tennessee. 2009: 986 fatalities. 2010: 1,031 fatalities.

Despite the recent announcement of a decrease in the national traffic accident fatality number, we'd like to point out that 20 states experienced increases. Drivers are urged to remain cautious and alert on our roadways. As motorists flock to our roadways during the holiday season, there will be more dangers lurking than ever. Drive defensively and alertly to avoid an accident. Have a Happy Holiday and New Year!