According to federal statistics, there were more than 11,000 deaths caused by driving while drowsy between 2000 and 2010. Experts say that the problem of people getting behind the wheel without having gotten enough sleep is one that cannot be easily addressed. A person's blood alcohol level can be measured, whereas there is no way to measure a person's drowsiness. Some experts even go on to say that trying to pass laws about drowsiness behind the wheel is nearly impossible. Therefore, a car accident involving drowsy driving cannot be treated in the same way that one involving drunk driving can.
]]> Some states are attempting to control the accidents caused by drowsy driving by imposing laws that commercial truck drivers cannot drive more than 11 hours a day. However, some people say such laws are flawed since the drivers have to report the hours themselves. Currently, New Jersey is the only state that has passed legislation to address drowsy driving. However, some people state that even that law is difficult to impose since the prosecution must show that the driver was awake for 24 hours straight to prove possible recklessness.People who were injured in a car accident due to another driver being drowsy behind the wheel might consider filing a personal injury lawsuit to seek compensation for their medical bills and pain and suffering. Personal injury lawyers may be able to help those filing lawsuits present the evidence necessary to validate their claims.
Source: Fox 28, "Is Drowsy Driving Worse Than Drunk Driving", May 13, 2013
]]>It will take a year for most of the provisions of the law take effect. Among those requirements is the creation of guidelines for medical treatment and a change to how payments for disabilities are calculated. The vote for the bill in the state legislature was largely along party lines. Moreover, divisions exist among the general public. While supporters of the new law say it will result in a more efficient, certain and equitable system, critics argue that it will end up depriving injured workers of compensation.
]]> To avoid confusion, the new law will only apply to workers who suffer a work-related injury or are diagnosed with one after the date the law takes effect. In any case, an injury at work, whether caused by an accident or an occupational disease, can result in medical and rehabilitation expenses, as well as lost wages.Although the new law means that in the future people will no longer have disputed claims decided by a court, that is not the case now. Additionally, although a state agency will decide future claims, it will still be advisable for anyone who is claiming workers????????? compensation benefits to have representation by a lawyer. A workers' compensation lawyer fully understands the law and how to protect an injured worker's rights in the claims process.
Source: The Tennessean, "TN workers' comp cases now subject to new state agency", Duane Marsteller, May 01, 2013
]]>Source: Car Scoops, "Drivers Stop for a Funeral Procession and Almost Meet Their Maker Themselves...," April 25, 2013
Source: Centers for Disease Control and Prevention, "Saving Lives and Protecting People: Preventing Motor Vehicle-related Injuries," retrieved April 25, 2013
Just a few months ago, Walker was playing in Super Bowl XLVII at the Superdome in New Orleans, where his San Francisco 49ers squad lost to the Baltimore Ravens in a close matchup. While the loss was difficult, Walker took immediate comfort in the arms of his family, including his beloved aunt and uncle who had come to watch him play.
In the early morning hours after the game, Walker's aunt and uncle, who were staying in nearby Baton Rouge, left their hotel to start the trip home. A short time later, they pulled over to the side of the interstate where they were stuck from behind at over 100 miles-per-hour by an alleged drunk driver.
]]> Tragically, the sheer force of the collision caused both cars to catch fire, and Walker's aunt and uncle were later pronounced dead at the scene by law enforcement officials. The driver of the vehicle was subsequently arrested and charged with a multitude of offenses, including two counts of vehicular homicide and one count of driving while intoxicated.The fatal drunk driving accident has understandably left Walker and his family shaken.
"My auntie was very close to me, " he said. "They always supported me, so it's hard."
Now, Walker is using his loss to help raise awareness about the dangers of car accidents caused by drunk driving. In fact, he has already participated in numerous fundraising efforts for Mothers Against Drunk Driving, including autograph/memorabilia signings and charity walks.
"To be at the Super Bowl, and for my auntie and uncle to come see me and to be killed right after by a drunk driver, it made me open my eyes to people that drink and drive," he said. "Hopefully this will put something in their minds where if they do go out and drink, do not drive, and that can save somebody's life, or their own.
Walker's off-the-field efforts don't stop here, however, as he is planning on using the funds from his recent contract to help support his eight cousins left behind after the fatal car crash.
Please visit our website if you or a member of you family has suffered serious injuries in a car accident.
Source: The Tennessean, "Tennessee Titans' Delanie Walker motivated by tragedy," Jim Wyatt, March 17, 2013-03-29
]]>For almost every person involved in a serious auto accident, a trip to the hospital afterward could result in hearing one of victims' most feared words: whiplash. Both locally in Tennessee, across the nation, and around the world drivers are too often forced to not only deal with the financial hurdles a car accident brings about, but also the lasting pain and reduced mobility on account of their collisions' trauma.
]]> Miranda Kerr, who has over the last few years amassed a very successful modeling career and Hollywood profile, was involved in just such a situation last week. Reportedly "rammed" by another vehicle while driving in Los Angeles, the Australian was taken in for MRI scans, diagnosed with whiplash and back injuries, and forced to wear a neck brace upon leaving the hospital.A spokesperson for Kerr noted that the young starlet was in a lot of pain, and that charges including reckless driving may be doled out upon the motorist who struck her. The same spokesperson remarked how fortunate it was that Kerr's two-year-old son was not in the car at the time of the accident.
Whiplash is often considered a "minor" injury following a car or truck accident, but the implications of such a diagnosis can have a real, lasting impact on the finances, health, and personal life of accident victims. Those who have been struck and injured in an auto accident should contact a personal injury attorney and explore the options for recourse available to them in litigation.
Source: Daily Mail, "'She's in a lot of pain':Miranda Kerr pictured wearing a neck brace after suffering whiplash and back injuries in car crash," Sarah Bull, Mar. 13, 2013
]]>However, negligence and poor oversight is unavoidable in many cases, and a simple accident on one company's part can lead to serious injury and disease implications for consumers. One food company that has been a trusted name for decades both here in Tennessee and across the nation recently instituted a voluntary recall of their product-one that signals a lapse in quality and a possible product liability case.
]]> Bumble Bee Tuna, a company whose canned tuna products can be found in almost every supermarket and grocery store across the nation, announced earlier this month that many of its 5-ounce chunk white albacore tuna and chunk light tuna need to be recalled and thrown out after finding that many of the cans sent out to the public did not meet internal standards for seal tightness.The San Diego food company noted that loose seals on its cans could lead to spoiled tuna, a very real problem that may cause those who eat their fish to become seriously ill. Although no instances of sickness as a result of the improperly packaged tuna have been reported, the ubiquity of Bumble Bee's products and the trust that many place in the brand could very well rise to such a case.
Product liability situations often arise when we least expect them, in situations usually based on long-term trust. However, serious injury and even death can result from the smallest oversight on a company's part, and those who have suffered in such cases do have legal options available to them. Working with a personal injury attorney can make these options a reality for just compensation.
Source: Reuters, "Bumble Bee expands recall of -ounce cans of tuna," Jane Sutton, Mar. 8, 2013
]]>New legislative action being taken at the nation's capital may lead to progressive regulation of at least one of the myriad workplace dangers that many, including some Tennessee residents, must contend with every day. Introduced by three Democratic representatives, the Worker Protection Against Combustible Dust Explosions and Fires Act is still only a proposed bill. However, if passed the measure would engender much more comprehensive and strict OSHA regulations for businesses whose work leads to the accumulation of potentially explosive dust material.
]]> Much of the motivation behind the measure still stems from a tragic 2007 accident at the Georgian Imperial Sugar factory, in which 14 workers were killed and dozens other were injured in the wake of a harrowing dust explosion at the company's industrial workplace. The act was introduced late last month.The real teeth of the legislation depends upon OSHA, which would be required to both develop new dedicated standards of safety and dust accumulation for workplaces that produce such material, as well as work with the National Fire Association's Protection Standards to enact immediate interim regulations that could save untold lives from possible explosions.
Industrial workplaces that work with combustible materials like wood, coal, metal, and sugar are the primary target of desired regulations. All told, 50 combustible dust-fueled explosions or fires have been tallied since the Imperial Sugar disaster, claiming the lives of over a dozen people.
Increased regulation and OSHA oversight of dangerous workplaces is an encouraging sign for workers everywhere. However, accidents, injuries, and even deaths on the job do happen, and those who have been a victim of such a tragedy have firm legal options available to them. Working with a personal injury attorney can help to make them both clearer and closer in reach.
Source: Woodworking Network, "Combustible Dust Bill Re-Introduced in House," Rich Christianson, Feb. 17, 2013
New data compiled by the Governors Highway Safety Association from all 50 states as well as the District of Columbia has now further solidified this common understanding. Across the entire nation, Tennessee included, teen driver traffic fatalities rose 19 percent in the first half of 2012 when compared to the same portion of 2011.
]]> According to the association's report, 240 16 and 17-year-olds in the first half of last year lost their lives on the road, up from 202 in 2011's same time frame. Teen driver deaths rose 3 percent over all of 2011, and if later data from the end of 2012 holds with this current trend, the year will mark the second consecutive rise in teen car and truck accident deaths after what had previously been a long decline.Experts from both the GHSA and National Safety Council have noted that recent improvements in the nation's economy can likely be taken as an attributing factor in this case. Teens typically have less disposable income than older drivers, and in times of economic success more young motorists are able to both pay for gas and in need of getting to work by way of driving.
Perhaps more troubling is the additional appraisal of states' graduated driver licensing programs as being widely deficient in their preparation of teenagers for safe driving on America's roadways. The Vice President of the NSC specifically noted that not a single state meets the council's "best-practice GDL laws."
In response to the nerve-racking new numbers, the director of the GHSA specifically noted that Tennessee has gone to great lengths to keep teen drivers safe. However, national statistics seem to paint a more harrowing picture. It is only more tragic when these general statistics become a specific reality, and those who have been injured or lost a loved one in an auto accident should immediately contact an experienced legal professional.
Source: USA Today, "Deaths surge among youngest drivers," Larry Copeland, Feb. 26, 2013
]]>However, for both Tennessee residents and Americans across the nation, the number of serious pedestrian and cyclist accidents involving automobiles has been on the rise. According to new numbers from the National Highway Traffic Safety Administration, 16 percent of the 32,367 traffic accident fatalities suffered in 2012 befell those outside of the car.
]]> In partial response to these numbers, and the general demand for safer city streets and intersections, the Swedish carmaker Volvo has announced that new models of their V40 car will include the first-ever exterior car airbag designed to protect pedestrians.The airbags are one part of a fully integrated system meant to make both drivers and those either walking or on bicycles on the same roads safer. That system includes radar in the V40's grill that can detect oncoming objects and an interior camera that can detect just what those objects are. An electronic system will warn the driver of the possible pedestrian or cyclist and, if need be, stop the vehicle with automated braking. In situations where collision does in fact occur, airbags that deploy outward to soften a person's impact with the car will expand.
The V40's entire system, which is bound to inspire similar copycat features in other makes and models, is designed to be most effective at speeds between 12 and 30 mph-the velocity window in which pedestrian accidents most often occur.
While Volvo's new pedestrian safety system is not currently scheduled to appear in any of the company's American-sold models, the company's push toward a car that's safer for outside pedestrians could encourage other automakers, or even legislators, to call for similar measures. Still, for those who have been injured in a car or pedestrian accident, new safety measures have not come quickly enough. Working with a personal injury attorney can help one recover the just compensation they are rightfully owed after a collision.
Source: Popsci, "Volvo's New Exterior Airbags Protect Pedestrians," Shaunacy Ferro, Feb. 20, 2013
Over the weekend one car accident, a serious two-vehicle collision that left one dead and two others injured, may have resulted from a Tennessee driver's decision to get behind the wheel while under the influence of drugs.
]]> The accident took place at the intersection of East Dumplin Valley Road and State Highway 92 in Jefferson County Saturday night. According to Highway Patrol accounts, the 26-year-old driver of a coupe attempted to pull onto the highway when it collided with an oncoming vehicle in the right lane.The driver of the coupe, a Jefferson City woman, was killed as a result of the crash, and two passengers in her coupe were injured, one of them critically. The driver of the oncoming car was also hurt.
While the death of the coupe's driver is tragic in its own right, it is also disheartening to learn that Tennessee Highway Patrol officers believe the woman may have been under the influence of drugs when she attempted the turn onto the highway.
Especially upon highways where cars and trucks are moving at high speeds, the repercussions of a driver's drug use can be monumental, permanent, and sometimes even deadly. For all those who have been seriously injured or sustained damages as a result of an auto accident, contacting an attorney and exploring the options for financial recourse should be an immediate priority.
Source: WBIR, "Two vehicle crash kills one person in Jefferson County," Feb. 10, 2013
As the Tennessee oil and gas industry continues to comprise a formidable fraction of our state's economy, a recent study's finding that workers in the petroleum sector are 8.5 times more likely to be involved in a fatal motor vehicle accident while on the job when compared to other industries.
]]> The study, which drew from Bureau of Labor statistics and was published online by Accident Analysis and Prevention, noted that workers employed by smaller companies, especially those with fewer than 20 employees, were at the highest risk of a fatal accident. With 202 oil and gas extraction workers killed on the job in car and truck accidents between 2003 and 2009, the news is a sobering reminder that certain jobs, by their very nature, can elevate the risk of death.However, it may not have to stay that way. The study noted that small oil companies rarely employ a safety technician or specialist, and the pressure of managers and employers placed upon the predominantly young male workforce are clear attributing factors to the high accident rate.
Another startling statistic: 28 percent of all work-related fatalities in the oil and gas industry in the aforementioned period has come as a result of a motor vehicle accident. Only workers in the transportation and warehousing industries are stricken with a higher rate.
While some may contest that accidents, even fatal ones, are merely "a part of the job," the failure of many companies to properly mitigate their drivers' risks can have catastrophic consequences, placing an accident' victim's family in a situation of both extreme grief and financial hardship. Those who have lost a loved one in a motor vehicle accident should work closely with an attorney to explore legal options for financial compensation.
Source: Fuel Fix, "Oilfield workers at higher risk of fatal motor vehicle accidents," Jeannie Kever, Jan. 18, 2013
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