Study: Tired Drivers as Dangerous as Drunk Drivers

Posted on behalf of Daniel Clayton in Car Accidents

Although a lot of attention is given to the dangers associated with drunk driving, a recent study has found that drowsy driving is just as dangerous.

The Archives of Internal Medicine published a study which looked at data from hospital patients who had been admitted into care for more than 24 hours after getting into a motor vehicle accident. Police reports, blood alcohol levels and patient questionnaires were also analyzed. Specifically, patients were asked questions related to how tired they were before getting in an accident. They were also asked whether or not they were taking any medications.

In this study, a main focus was the effect of a driver taking a medication that carries a warning about side effects that could affect a person's driving ability. Surprising to the researchers was that those on these types of medications actually had a lower risk for causing an accident. The lead researcher said this could be due to the fact that people taking these medications are more cautious since they know about the possible side effects.

However, when it came to being drunk or sleepy, the study found that both factors make a driver at least twice as likely to cause an accident. Of course, this can result in injuries to not only the driver, but also other people who are also out on the roadways.

The study analyzed data from 679 drivers who were in accidents.  According to the study, around half of those drivers were the ones responsible for causing the crashes. Of those, it was determined that those between the ages of 18 and 29 who had either been drinking or were tired had an increased risk of being the one to cause an actual accident.

What this means for the general public is that it's important to make sure to obviously never drive after drinking, but to also take driving tired just as serious. This means that if you are tired, take a short nap or drink some coffee - and wait for it to kick in - before driving. Realize, however, that caffeine will wear off!

Additionally, remember things like rolling down the window, turning on the air conditioning or blasting loud music masks how tired you are, but does not take away the risk of getting into an accident.

I had previously written about how up to 31% of Truck/Bus Accidents were caused by driver fatigue.

Source: Reuters, "Sleepy, drunk driver equally dangerous: study," Andrew Seaman, May 30, 2012

Tags: Car Accidents, Driver Fatigue, Drunk-Driving Accidents, Trucking Accidents

Give them Three Feet! - Bicycle Safety Laws in Tennessee

Posted by Daniel Clayton

While I was driving home Wednesday through Franklin, Tennessee, I came across multiple bicycle riders out near Arno Road.  I am somewhat jealous of bike riders – because that is a sport I would like to take up at some point in time.

The country roads around the area I live are prime places for the bike riders.  As a result, I have to be very diligent in making sure I am exercising care while driving.  Those bike riders have a right to be on those roads, and I fully support their right to be on the road.

I have had several friends who have been involved in serious bike accidents. Most bike accidents are not the fault of the bike rider, but by the automobile driver.

With the summer upon us, and more people riding bikes, I thought I would post some basic Tennessee bike law information.

three-feet law

In 2007, Tennessee passed a “three-feet” law, requiring automobiles to give cyclists three feet of space when passing them on highways. This became an issue as two men were killed in separate accidents on highways in the state in 2006.

Bicycles are considered vehicles just as automobiles are and, when necessary, may occupy an entire lane of traffic. Cars may not occupy the same lane of traffic if they cannot give the cyclist three feet of clearance space.

In 1994, Tennessee passed a law requiring the use of helmets for cyclists under the age of 16.

The Tennessee Department of Safety has a Bicycle/Pedestrian Program.  More information can be found on that website.

Read more at Trails.com: Bicycle Safety in Tennessee | Trails.com

Tags: Bike Accidents, Car Accidents

Facts on Texting and Driving

Posted by Daniel Clayton in Car Accidents

Did you know…

* Over 28% of car accidents occur when people talk on cellphones or send text messages while driving, according to a study by National Safety Council

* CTIA- The Wireless Association reports that text messaging has increased tenfold over the last three years

* 72% of teens text daily

* Teens text more than 3000 times a month

* According to studies done by the National Safety Council, 81% of the driving population has admitted
to texting while driving

* 37% of cognitive reasoning and ability to respond to driving situations is taken away when you text and drive, giving you 23 more times the risk of being in a car crash than non-texting drivers

* Distracted driving is dangerous

* Approximately 342,000 auto accident injuries each year are caused by texting and driving

* The National Safety Council states that fatalities caused by texting and driving are more than double the amount that those as a result of drunk driving

Texting is convenient, but distracting. And when you drive distracted, you’re dangerous. And when you’re a danger on the road, there’s nothing to “LOL” about.  Please put away the phone while you are driving.

Tags: Distracted Drivers, Car Accidents

Do I REALLY need a Lawyer for my Car Wreck Case in Tennessee?

Posted on behalf of Daniel Clayton in Car Accidents

Do I need a Lawyer? From time to time I am asked that question by people who have been involved in a car accident.  The answer is not always the same.  Sometimes you do need an attorney. Sometimes you don't. I have been handling car accident injury claims in Tennessee for over 25 years, and I have no problem telling people that they might not need a lawyer.

Generally speaking, whether you need an attorney depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, then most likely you do not need an attorney. If you or a family member have been significantly injured in the car accident, then you likely will need one.

Oftentimes, a simple fender bender where nobody is hurt can usually be appropriately handled through your insurer.

Remember, most attorneys who handle car wreck in Tennessee offer a free initial consultation.  That consultation should give you an opportunity to see whether you like the attorney and you want that attorney to handle your potential claim.  Likewise, the attorney should be deciding whether or not he or she wants to represent the client.  Attorneys - or at least good, reputable attorneys - do not agree to take every case that comes in the door.

Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned.

Here are some tips for when you should consult an attorney who handles car wreck injury cases in Tennessee early on:

• An injury has occurred where there has been serious injury, broken bones, hospitalization, or where injuries are likely to be permanent (paralysis);
• Any kind of brain injury;
• A death has resulted from the accident;
• The accident occurred in a construction area;
• Your accident involves a trucking company and injuries are involved;
• Your insurer involves its own attorney;

If possible, there are several things that should be done following an accident, including:

• Get the other driver's insurance information
• Get the other driver's personal information
• Contact the police
• Contact your insurance carrier

Also, please keep in mind that you have a time limit in which to file a lawsuit involving a car accident.  Those time limits differ from state to state.  In Tennessee, under most circumstances, an adult has one year from the date of the car accident in Tennessee to file a lawsuit, otherwise, his or her claim will be forever barred.

In another post, I will go into more detail as to the things I suggest you look for in hiring an attorney to represent you for your car accident in Tennessee.  But, in a nutshell, I suggest you consult with an attorney who has all of the following credentials:

1. Rated AV- Preeminent by Martindale-Hubbell
2. Listed in Best Lawyers in America
3. Certified as a Civil Trial Specialist

Tags: Car Accidents, Do I need a Lawyer

Teen Drivers - The Dangerous Days of Summer Driving

By Daniel Clayton posted in Car Accidents 

For young drivers, May marks the beginning of the season of high danger. It’s prom and graduation time, when many teenaged drivers receive expanded driving privileges. It’s also near the start of summer vacation, when the stakes are extremely high for young drivers.

That’s why the period between Memorial Day and Labor Day has been dubbed by auto club AAA and Volvo as “The 100 Deadliest Days” for teen drivers.

Seven of the 10 deadliest days of the year for teens fall between those holidays, according to AAA. July and August are the deadliest months for 16- and 17-year-old drivers, according to the AAA Foundation for Traffic Safety.

This year, the deadly season for young drivers rolls around at a time when there is growing research by the AAA Foundation and others that the young drivers who engage less frequently in risky driving behavior are those who spend the most time talking about driving with their parents. The research also shows that more needs to be done to encourage those talks on safety: Vehicle crashes are still the leading cause of death for young Americans.

This year, the deadly season for young drivers rolls around at a time when there is growing research by the AAA Foundation and others that the young drivers who engage less frequently in risky driving behavior are those who spend the most time talking about driving with their parents. The research also shows that more needs to be done to encourage those talks on safety: Vehicle crashes are still the leading cause of death for young Americans.

On an average day in the USA, more than 11 teens die in crashes. In 2010, the four deadliest months for teen crash deaths, in order, were August, July, May and June, according to the Insurance Institute for Highway Safety, an insurance trade group.  Many times these wrecks are the result of distracted driving, driver error or driver fatigue.

So this month lends urgency to that discussion – call it The Conversation – between parents and their young drivers. “Parents’ involvement and influence in the teen driving experience can literally mean the difference between life and death for their child,” says Susan Duchak, who leads The Allstate Foundation’s teen safe driving program.

Source, http://www.usatoday.com/news/nation/story/2012-04-24/teen-driving-safety-conversation/54941864/1?loc=interstitialskip

Tags: Teen Drivers, Distracted Drivers, Car Accidents

Buckle up for Safety - Be Careful Driving this Memorial Day Weekend

Posted on behalf of Daniel Clayton in Car Accidents

The Tennessee Highway Patrol has announced that it is planning on cracking down on drivers who don't buckle up over Memorial Day weekend, authorities said on Tuesday.

“Memorial Day marks the beginning of the summer holiday travel season. It’s the perfect time to remind all motorists to buckle up. Tennessee State Troopers will be working around the clock to enforce the seat belt law in an effort to ensure the safety of the motoring public,” Department of Safety and Homeland Security Commissioner Bill Gibbons said.

Last year, 19 people died on Tennessee roadways over the holiday weekend, up nearly 50% over the previous day. Half of those people killed weren't wearing seat belts, officials said, adding that alcohol played a part in the death of six of them.

“More traffic-related fatalities can be prevented if motorists would simply wear their seat belt,” THP Colonel Tracy Trott said. “Wearing a seat belt will cost you nothing, but wearing one may just save your life. We can’t stress the importance of seat belt usage enough. Buckle up every time you get into a vehicle.”

Please enjoy your Memorial Day weekend.  Please don't drink and drive.  and - Buckle up for Safety!

http://www.volunteertv.com/news/headlines/THP_to_crack_down_on_those_who_dont_buckle_up_this_weekend_152688125.html

Tags: Car Accidents, Drunk Driving, Seat Belts

Posted by Daniel Clayton in Car Accidents

Car manufacturers keep talking about improved safety features on their vehicles, but some people in Tennessee may be wondering how manufacturers and car companies are coming up with these advanced safety features. For example, how do they know that a side air bag is going to provide greater protection in a side-impact accident than some other type of door?

Tennessee drivers who were around in the 1980s may remember the crash-test dummies Vince and Larry who made appearances in public service announcements to encourage passengers to wear their seatbelts. Vince and Larry were just two of a host of different crash-test dummies that allowed manufacturers to study developing automobile safety issues.

There is a new type of dummy - the Hybrid III - that is being used to help researchers tackle such issues as distracted driving, texting while driving and drunk drivers. The Hybrid III, which is made of steel, rubber and vinyl, is a long way from what researchers have previously used. Before the invention of the crash-test dummy in 1949, scientists used human volunteers, animals, cadavers and sandbags to test a car's safety.
Although automobile manufacturers are working hard to keep Nashville drivers and passengers safe, their safety is sometimes dependent on the driving of other people on the road. It doesn't matter how safe a vehicle is if a drunk driver blows through a stop sign and causes a side-impact accident. When these kinds of accidents do happen, however, a driver can always hold the motorist who hit him or her responsible for the damage or injuries the victim sustained in the accident.

Source: New York Times, "Who Made That Crash-Test Dummy?"Hilary Greenbaum and Dana Rubinstein, May 18, 2012
Tags: Car Accidents, car safety

Cracking Down on Texting and Driving in Tennessee

On behalf of Daniel Clayton posted in Car Accidents on Friday, May 11, 2012

Even though it is against the law in Tennessee to text while driving, sadly many teen drivers still skirt the rules by sending off a quick message. This post specifically talks about teen drivers.  However, I recognize that adults text while driving at an alarming rate too.  In my law practice, I have seen the devastating consequences of drivers texting while driving.

Of course, Tennessee is not unique in this regard, and rather teen drivers around the country choose to talk or text while driving. However, it does appear that even though many still participate in this distracted driving behavior, more and more teens are acknowledging — and in some cases — even speaking out against using a phone to text, or talk, while driving.

According to a recent survey by Consumer Reports magazine, the majority of drivers between the ages of 16 and 21 reported knowing that texting while driving is dangerous. However, 29 percent still admitted that they had texted while behind the wheel in the past month.

And while this certainly does show a disconnect between realizing a behavior is dangerous and doing it anyway, the good news is that many drivers did report lessening or all together stopping their distracted driving behaviors due to the known danger. Additionally, texting bans and family members asking them to stop using their cellphones while driving also reportedly played a role in the decrease.

Another surprising find in the survey was that younger drivers are less likely to text or talk on a cellphone if they have a friend in the car. Of course, one could look at this as not wanting to be rude, or already engaging in conversation with their passenger. But, 50 percent surveyed said they had personally asked a driver to stop using a phone while driving due to safety reasons. This could lead one to believe teen drivers are listening to their teen friends and not using their phone.

Source: The Wall Street Journal, “Young Drivers Can’t Resist Text in Cars,” May 8, 2012

Tags: Car Accidents, Cellphone Use, Distracted Drivers, Teen Drivers, Texting and Driving

posted in PERSONAL INJURY | tagged CAR ACCIDENTS, CELLPHONE USE, DISTRACTED DRIVERS, TEEN DRIVERS, TEXTING AND DRIVING

Memorial Day Weekend - Please Drive Carefully - Tennessee has had increase in Traffic Fatalities

On behalf of Daniel Clayton posted in Wrongful Death

Law enforcement in Tennessee is gearing up to crackdown on a number of different risky driving behaviors like distracted driving, drunk driving and not wearing a seatbelt. The hope is that the increased focus will help to combat the recent spike the state has seen in the number of motor vehicle related fatalities.

According to the director of the Governor’s Highway Safety Office in Nashville, the number of traffic fatalities for the first three months of the year is up 28 percent from the same time period in 2011. Specifically, there have already been 238 fatal motor vehicle accidents in 2012. Last year there were 186.

Broken down by numbers for this year, in January there were 67 fatalities, followed by 71 deaths in February and 100 motor vehicle fatalities last month.

When looking at why there has been an increase, one Tennessee sheriff said reasons could include the fact that weather turned warmer earlier this year, and the economy has also gotten better, which has led to people driving more.

In the past, law enforcement agencies throughout the state have only targeted one dangerous driving behavior at a time, like drunk driving or speeding. However, a recently approved demonstration project will allow officers and deputies to target a number of issues at the same time.

The project is with the National Highway Traffic Safety Administration and will go on for two years.

Officials are hopeful that participation in this demonstration project will lead to preventing injury and fatality causing accidents from even happening in the first place.

Source: The Commercial Appeal, “Rise in traffic fatalities fuels crackdown on traffic violations in Tennessee,” Kevin McKenzie, April 9, 2012

Tags: Car Accidents, Fatal Accidents, Trucking Accidents, Wrongful Death

posted in WRONGFUL DEATH | tagged CAR ACCIDENTS, FATAL ACCIDENTS, TRUCKING ACCIDENTS,WRONGFUL DEATH | LEAVE A COMMENT

Risky Driving by Teen Drivers

Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in motor vehicle accidents

Any parent of a young, newly-minted driver knows that teen drivers are a high-risk group – and as a result, adding them to a car insurance policy can double, or even triple, the rates that they pay.
In order to determine why this is the case, the U.S National Institutes of Health (NIH) conducted a study that observed the driving habits of 42 new teenage drivers in Virginia, as well as their parents, for 18 months. Before the study began, the NIH installed participants’ cars with internal and external cameras, GPS devices, and systems that collect data on when the cars accelerated and how many miles the cars were driven.
After observing participants for 18 months, the NIH found that:

• there were 37 crashes among the study’s teens, and 2 accidents that involved the adults
• the teen drivers were involved in 242 near-accidents, compared to the 32 near-crashes that involved their parents
• the more experience that teen drivers gained, the fewer near-accidents they were involved in – although they did not come close to reaching the near-accident rates of the adults during the time of the study
• teens were five times more likely to engage in risky behaviors, such as driving too fast and making rapid turns and hard stops
• after teen drivers were involved in an accident, or a close call, it did not deter them from engaging in risky driving behaviors

The study, which was published in the October 2011 issue of the American Journal of Public Health, used a unique methodology that gave researchers insight they may not have otherwise had, says the NIH.
“This is the first naturalistic or objective assessment of teenage risky driving,” said lead researcher Bruce G. Simons-Morton in a statement. “Sadly, it points out the teenage driving dilemma, which is that newly licensed drivers of all ages, but particularly teenagers, are a high risk for accidents early on.”
Why Teen Drivers Get Into More Accidents
In addition to engaging in risky behaviors, teen drivers are less likely to accurately assess how dangerous a situation is, which causes them to proceed normally in cases where they should use more caution. They also tend to drive during nighttime hours, which increases the risks of being in an accident. And when teenagers are involved in car crashes, they are more likely to sustain serious personal injuries because they tend to avoid using seat belts.
Source: “Why Teen Car Insurance is Expensive: They’re Bad Drivers,” Fox News, 1/6/12

Tags: motor vehicle accidents, teen drivers

Posted in Car Accidents|Tagged motor vehicle accidents, Teen Drivers|Leave a comment

Accident Fatalities Going Up in Tennessee

On behalf of Daniel Clayton posted in Wrongful Death

Recently, I posted on the fact that law enforcement in Tennessee was going to be cracking down on risky driving behaviors in the hopes of combating the traffic fatality toll that has been on the increase so far this year. At that time, Kendell Poole, director of the Governor’s Highway Safety Office in Nashville reported that there had already been 238 fatal motor vehicle accidents in the state. Now, just a few short weeks later, that total number has already climbed over 300.
In response to this drastic increase, aside from extra enforcement, Tennessee motorists may have also noticed electronic message boards along the interstates showing the current total number of people who have died in a motor vehicle accident so far this year. Last Friday the sign reported the number was 317. By Monday it was already at 331.
When looking at what is causing this increase — after so many years of decreases — Poole points to the fact that the weather turned warmer earlier this year, which means more people are out and about. Specifically, more people are also out on their motorcycles.
Statistically speaking, motorcyclists and drivers not wearing seat belts have accounted for 41 percent more deaths so far for this year than in 2011.
Poole also said that his office is really concentrated on getting the message of safe driving to men between the ages of 18 and 34. He said this demographic is more likely to not wear a seat belt and to drink and drive, which greatly increases the risk of getting into an accident.
Source: The Tennessean, “Death toll soars on Tennessee’s roads,” Brian Haas, May 9, 2012

Tags: Car Accidents, Motorcycle accidents, Trucking Accidents, Wrongful Death

Posted in Wrongful Death|Tagged Car Accidents, Motorcycle Accidents, Wrongful Death|Leave a comment