Memphis Personal Injury Law Blog

2 injured, 1 killed in Cosby collision

A common misconception that many in Shelby may have about civil action is that its primary purpose is to be punitive. While there may be certain cases where a plaintiff is looking to simply hold a defendant responsible for his or her actions, many lawsuits may be filed in an attempt to simply recover the compensation necessary to cover the expenses associated with the events in question. People might think that insurance coverage will always be enough to cover any costs associated with an incident, yet depending upon the nature of said incident, victims may be left dealing with financial losses that go far beyond what an insurer is willing to pay. In such a case, they may be left with little choice but to seek compensation for those responsible. 

It remains to be seen whether that will end up being the case following a two-car collision in Cosby. A Sevierville man was driving northbound on Highway 231 when he veered into the oncoming traffic, striking a vehicle carrying a couple from South Carolina. The couple were reported to have sustained injuries the collision, while that man driving the vehicle that hit them was killed. 

If your phone is too tempting, try this tool in the car

Do you ever find yourself going against better judgment and checking your phone while driving? Maybe you just heard a text come through or you got a notification from a social media app. Whatever it is, sometimes people give in to the temptation.

If that’s you, there’s a way to cut off that temptation without completely cutting yourself off from the world. iPhone users running updated software can utilize a tool called Do Not Disturb While Driving to prevent notifications from coming through and distracting them while behind the wheel.

Protecting motorists from drunk truck drivers

It goes without saying that semi-trucks have the potential to cause massive damage when involved in accidents with other vehicles in Shelby. For this reason, truckers are tasked with maintaining strict performance standards, which of course includes avoiding drinking while driving their vehicles. Yet despite reductions in the number of drunk driving incidents reported involving truckers in recent years, some still continue to engage in this negligent practice. Indeed, according to information shared by the National Highway Traffic Safety Administration, two percent of truck drivers involved in fatal accidents in 2014 had BAC concentrations higher than .08. 

Should a trucker choose to drink and drive, liability of course rests upon him or her for any accidents he or she may cause. Does his or her employer, however, have an added responsibility to ensure that motorists are protected from drunk truck drivers? Sections 382.301-303 of the Federal Transportation Code show that the answer to that question is yes. In fact, companies who hire truck drivers are required by law to test such drivers for controlled substances prior to allowing them behind the wheel. The only exceptions to this rule would be if the driver has completed a controlled substances testing program within the last 30 days and either was subject to random testing as part of that program for the previous 12 months or has a produced a negative test result within the last six. He or she must also not have any other previous Department of Transportation violations to qualify for this exception. 

How can I avoid distracted driving?

As a Tennessee driver you know that safety is crucial when behind the wheel. However, keeping distractions at bay while driving can be difficult, especially with smartphones and GPS in every vehicle. Geico offers the following advice in this case, which will help you preserve the safety of yourself as well as other drivers.

Don’t Drive While Tired

Can your car’s position decrease the risk of a truck accident?

Due to their large size, truck accidents tend to be some of the most severe motor vehicle accidents on Tennessee roads. Victims regularly suffer traumatic brain injuries, broken bones, paralysis and even death.

Certain driving practices place drivers at a greater risk for accident than others. How can drivers decrease their chances of a truck accident?

How to choose the right motorcycle helmet

Safety should be a crucial concern for motorcyclists in Tennessee. In addition to following all rules and regulations, choosing the right motorcycle helmet is imperative to keeping you and any passengers safe. But how can you be sure that a particular helmet is good for you? Motosport.com offers advice on the different types of helmets available and which ones offer the highest level of protection.

Research Safety Ratings

With fatal crash claims, best outcome depends on knowing the law

In the wake of a Tennessee vehicle crash that claims the life of a loved one, the last thing someone may be thinking about is the future. The grief of the moment is so encompassing, affecting immediate and extended family alike. Only sometime later might the reality of the financial impact of the loss come to be appreciated, initiating thoughts about whether it's possible to recover stability and raising questions about how to go about making that happen.

If another's recklessness caused the loss, a wrongful death claim might be the best option. Consulting experienced legal counsel is necessary, and the nature of Tennessee law is such that such appointments should be scheduled sooner, rather than later.

What can you do to cycle safely?

To keep Tennessee roads as safe as possible, drivers and cyclists have to look out for one another. There is no other way to make it happen. The National Highway Traffic Safety Administration perhaps put it best: "A large percentage of crashes can be avoided if motorists and cyclists follow the rules of the road and watch out for each other." 

This blog has already covered how motorists can keep an eye out for bicyclists, so let's take a look at what you, as a bicycle rider, can do to share the road well. 

Explaining fault vs. no-fault insurance laws

When one gets in a car accident in Shelby, the expectation is that auto insurance will pay for any injuries he or she (as well as other involved) sustained, along with the whatever repairs to any and all vehicles caught up in the collision. The question is whose insurance is going to pay for it. Most might automatically assume that the "at-fault" driver is responsible. At the same time, some might say that regardless of fault, those involved in car accidents are required to submit claims to their own insurance companies. So who is correct?

The issue of fault vs no-fault insurance can be a complex one, yet in terms if differentiating the two, a "fault" (or more appropriately, "at-fault") auto insurance case is one where the insurer of the driver who caused the accident is liable to pay for damages to all parties involved. A "no-fault" case is one where all parties file claims with their insurers. Which philosophy applies depends on the state in which the accident. Per the Insurance Information Institute, there are currently 12 states that have adopted no-fault insurance laws; Tennessee, however, is not one of them. 

3 Tips on Sharing the Road With Cyclists

Drivers in Tennessee may have noticed an influx of cyclists over the years. As a result, it’s crucial that drivers are aware of the proper methods of driving alongside cyclists in order to prevent a serious accident from occurring. In this case, esurance.com offers the following tips to ensure the safety and well-being of all who share the road.

Pass Cyclists Carefully

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