Personal Injury – Queener Law https://queenerlaw.com Nashville, Kentucky & Colorado Accident Lawyer Tue, 22 Jan 2019 18:35:28 +0000 en-US hourly 1 https://wordpress.org/?v=5.0.3 October Proves Deadly for Motorists https://queenerlaw.com/blog/deadly-october/ Mon, 15 Oct 2018 15:44:37 +0000 https://queenerlaw.com/?p=1617 During the time leading up to and including Halloween in October, motorists in Colorado need to take extra precautions to […]

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During the time leading up to and including Halloween in October, motorists in Colorado need to take extra precautions to minimize their accident risks. In 2017, October had the second highest number of car accident fatalities with 3,700 deaths. Children and pedestrians are especially at risk during October. There are steps that motorists can take to mitigate their accident risks so that they can keep themselves and others safe.

Accident Dangers in October

According to the National Safety Council, 7,330 pedestrians were killed in both traffic and non-traffic accidents. Among the fatal incidents, 18 percent happened at intersections or crossings. October had the second highest number of deaths behind July with 3,700. On Halloween, children have twice the likelihood of getting killed as adults.

Reasons Why Halloween Is Dangerous

There are several factors that make Halloween especially dangerous for children and pedestrians. Most people go trick or treating from 5:30 pm to 9:30 pm. During that time frame, it gets darker making it harder for motorists to see pedestrians and children. Children might dart out into the roads. Many Halloween costumes are made out of dark materials. Some motorists may be out celebrating Halloween at parties where drinking occurs. All of these factors can combine to make fatal pedestrian accidents more likely to happen.

Mitigating the Risk of Accidents

There are several steps that people can take to mitigate the risk of accident involvement on Halloween. Parents may want to choose brightly colored costumes for their children or to place reflective tape on the costumes so that they can be seen. Responsible adults should accompany children while they trick or treat so that they don’t run out into traffic. Motorists should never drink and drive at any time, including Halloween. When people are driving, they should obey the speed limits and watch for pedestrians on the sidewalks, recognizing that children may suddenly try to dash across the roadways. Drivers should also watch out for children who are on curbs or in medians as they may try to cross without warning.

Parents should discourage teens from driving on Halloween. They might be likelier to cause auto accidents by failing to see children who are wearing dark costumes. Finally, people should not wear masks that make it difficult for them to see and should exercise caution when they prepare to cross the streets.

 

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Data from Commercial Truck Black Box Could Strengthen Your Case https://queenerlaw.com/blog/black-box-data/ Fri, 14 Sep 2018 18:49:02 +0000 https://queenerlaw.com/?p=1602 When commercial truck drivers cause accidents in Colorado, it is important for the injured victims or the families of people […]

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When commercial truck drivers cause accidents in Colorado, it is important for the injured victims or the families of people who are killed to try to preserve the evidence that is contained on the trucks’ black boxes. Like airplanes, commercial trucks contain electronic control modules or electronic logging devices that record important data about the truck in the moments leading up to the crash that can help plaintiffs prove the fault of the truck drivers. This type of data has the potential to help to strengthen the claims of injured victims or of surviving family members.

Data Collected by Trucks’ Black Boxes

The Federal Motor Carrier Safety Administration requires that all commercial trucks have electronic logging devices installed in them. These devices record such information as the speed at which the truck was traveling, whether the driver applied the brakes or the gas pedal, the change in the truck’s velocity after the impact, whether the driver was wearing a seatbelt and whether the airbags deployed. They also record when the trucks are in motion and record data about multiple crashes and the time that elapses between them. All of this information can be important in a claim involving a commercial truck. Plaintiffs may be able to use the data to show that the truck drivers did something wrong so their cases are strengthened.

Getting Evidence From Black Boxes

Some electronic logging devices store information about the trucks while others transmit it back to the companies. Because of the possibility of the evidence getting sent to the companies, there is a potential that the companies might alter or destroy the data in an effort to avoid liability. Companies that destroy electronic evidence may face sanctions from the court. It is possible to secure a court order to preserve black box evidence by filing a motion for preservation of the evidence. This can prevent the trucking carrier from altering or destroying the data on the black box of the commercial truck that was involved in the accident.

While black box data is important, there are other types of evidence that can also help to prove liability. An accident reconstruction expert may review the scene and take photographs. He or she may measure any skid marks and complete calculations that might reveal the speeds and positions of the truck and the other vehicles. With strong evidence, plaintiffs are likelier to receive fair settlements.

 

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Traffic Fatalities Are Climbing in Denver https://queenerlaw.com/blog/traffic-fatalities-climbing/ Thu, 23 Aug 2018 15:14:00 +0000 https://queenerlaw.com/?p=1587 While the overall number of crash deaths in the United States has decreased slightly, the motor vehicle accident fatality rate […]

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While the overall number of crash deaths in the United States has decreased slightly, the motor vehicle accident fatality rate has been increasing in Denver, making it one of the highest per capita among large cities. Denver’s accident fatality rate is much higher than the rates of some large cities such as New York and Los Angeles. Several factors, including the improved economy, more people taking to the roads, and riskier driving behaviors, have contributed to the increase.

Fatality Rate Increases

According to the Denver Post, a study that was conducted of 23 large cities found that the city’s fatality rate was higher per capita than the rates in cities like New York, Los Angeles, Chicago, and Washington, D.C. On the list, the higher-ranked cities had the lowest traffic fatality rates. While Denver was ranked at 17 out of 23, Washington, D.C. was ranked at number one, demonstrating that it is safer despite its larger population.

In Colorado, 642 people lost their lives to car accidents in 2017, the highest number in over a decade. In 2016, there were 208 crash fatalities.

Contributing Factors

There are several reasons that traffic deaths have been increasing in Denver. Improvements to the economy have led to a lower unemployment rate, meaning more people are on the roads commuting to and from work. More people are also able to take road trips because of the economic improvements, making them likelier to be involved in accidents. Another factor that has contributed to the increase in traffic deaths is engaging in risky driving behaviors such as distracted driving. Many drivers continue to talk and text on their phones while they drive despite prohibitions against the behavior. Modern cars also have other distractions inside such as infotainment systems that can divert the attention of the drivers away from the road.

Avoiding Accidents

Motorists can help prevent car accidents by keeping their attention on the roads and the traffic around them at all times. They should avoid engaging in any distracting activity while they drive, including using their phones, adjusting their electronics or looking at maps. Drivers should never get behind the wheel after they have been drinking or when they are drowsy. People should also follow the traffic rules and drive defensively.

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Over 11,000 Aircraft May Be Out of Compliance https://queenerlaw.com/blog/unsafe-aircrafts/ Fri, 20 Jul 2018 15:09:32 +0000 https://queenerlaw.com/?p=1557 FAA safety inspectors may have improperly approved thousands of aircraft for commercial operation without first reviewing the exemption limitations that […]

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FAA safety inspectors may have improperly approved thousands of aircraft for commercial operation without first reviewing the exemption limitations that could cause them to be prohibited. A whistleblower made a report to the Office of Special Counsel, which requested that the Federal Aviation Administration conduct an investigation. The investigation found that more than 11,000 planes that should have failed their inspections were passed by the inspectors, endangering the public.

Problematic Plane Inspections

According to the whistleblower, the safety inspectors regularly approved planes to fly without reviewing critical safety information about the planes, passing many that should have failed their inspections. Some planes that were passed had rear exit doors that were nearly inaccessible, which could mean that passengers on the plane could be trapped in the case of a crash. Many planes that were passed had expired registrations at the time of their inspections. A number of planes that were no longer registered continued to be operated for flights.

Findings of the FAA

The FAA conducted its investigation and reported its findings to the Office of Special Counsel. It substantiated the report that the planes were passed despite having inaccessible exit doors. According to the FAA, some of the planes had interior doors installed that blocked people’s access to the rear exits. The planes are only permitted to have those interior doors if they have locking mechanisms installed that prevent the doors from becoming closed. However, many of the planes did not have the locking mechanisms installed and were still allowed to fly. The FAA also substantiated the whistleblower’s report that some planes were allowed to continue flying despite having expired registrations in violation of the FAA’s safety regulations.

Corrective Actions

The FAA recommended a number of corrective actions, including the development and implementation of a corrective action plan that includes specific due dates. It also recommended clarifying any exclusions or limitations that are included in the FAA manual to make certain that inspectors look for the locking mechanisms and to fail passenger planes that don’t have them. It also recommended that the registration system is updated and that planes that are expired are not passed.

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Are Drivers Paying Attention when Autopilot Is in Use? https://queenerlaw.com/blog/tesla-autopilot-problems/ Mon, 18 Jun 2018 15:48:42 +0000 https://queenerlaw.com/?p=1525 A recent crash in Utah has raised concerns that drivers may be inattentive when they are using autopilot, failing to […]

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A recent crash in Utah has raised concerns that drivers may be inattentive when they are using autopilot, failing to react and take control when doing so is needed. When the woman crashed into a stopped firetruck while she was traveling at 60 mph in her Tesla with the autopilot system engaged, her hands had not been on the wheel for about 80 seconds. She was ticketed after telling the police that she was looking at her phone just before the collision.

Tesla Crashed While on Autopilot

A 28-year-old Utah woman was driving her Tesla Model S on autopilot, which requires driver oversight. She took her hands off of the wheel to look at her cell phone while she was traveling at 60 mph. While she was looking at her phone, her car crashed into a fire truck that had stopped. She only suffered a broken foot in the collision, and Tesla placed blame on her for her accident. The woman reportedly did not have her hands on the wheel for the 80 seconds that led up to the accident.

The crash was not the first one involving a Tesla while it was on autopilot. The National Highway Traffic Safety Administration is currently investigating collisions of Tesla cars in California and Florida.

Problems Revealed by the Crash

The latest car crash occurred amidst the rush of car manufacturers to add driverless technology to their vehicles. Carmakers tout the technology, claiming that it is much safer than human drivers and should lead to a drop in accidents. One issue that was revealed by this accident is that drivers may become complacent when they are driving on autopilot and fail to pay attention to what is happening on the road around them. In the woman’s case, data from her car revealed that she had taken her hands off of the wheel more than 12 times. The woman only placed her hands back on the wheel for a few seconds when the car prompted her to do so on its heads-up display. Tesla does not have the technology to track when motorists are not paying attention like other carmakers do in their autonomous vehicles.

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Death of Trapped Teen Raises Awareness About Improving Emergency Response Systems https://queenerlaw.com/blog/emergency-response-systems/ Mon, 11 Jun 2018 16:00:43 +0000 https://queenerlaw.com/?p=1527 A tragic incident involving a teen that died after calling 911 while trapped in his van highlights problems with emergency […]

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A tragic incident involving a teen that died after calling 911 while trapped in his van highlights problems with emergency response centers nationwide, including in Tennessee. The center and others like it have been plagued with inadequate staffing, training issues, and outdated technology for years, and the failure to take prompt action could result in catastrophic consequences for injured or ill victims.

Police Fail to Find Teen

According to reports, 16-year-old Kyle Plush was asphyxiated by a seat in his Honda Odyssey when he became trapped while reaching for his tennis equipment. The Ohio teen was scheduled to practice tennis and was parked outside his high school. He reached to retrieve his equipment when the seat flipped over and trapped him. Since his phone was in his pocket, Kyle used voice commands and Siri to call 911. An internal investigation revealed several problems that were highlighted by the Cincinnati City Council. The automated response overrode the teen’s initial comments, he was unable to respond to questions from the dispatcher, and the first call was disconnected. He called a second time and provided vehicle description information, but his comments, and the fact that someone was heard banging and yelling was heard, were not communicated to police. Additionally, information that was available was not adequately utilized to locate Kyle. The teen’s father found him dead inside the van nearly six hours after the initial 911 call. The Cincinnati City Council is now working to improve its emergency response center after admitting that multiple errors were made in response to the boy’s two 911 calls. The city and Honda may both be liable for the accident.

Problems With Emergency Response Systems

Problems with staffing, operations, outdated technology and inadequate training plague emergency response systems throughout the nation. These issues can result in extensive wait times for people to get help, miscommunication, disconnected calls, the inability of responders to locate callers, inappropriate responses to true emergencies, and more. As 911 calls from cellular phones become more common, problems within emergency systems are only getting worse. When every second counts, cities, counties, manufacturers, and others can be held liable for technological errors, negligence in hiring, training and supervising workers, communication problems, and equipment failures.

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Is Your Local Water Park Making You Sick? https://queenerlaw.com/blog/local-water-park-dangers/ Thu, 24 May 2018 16:09:57 +0000 https://queenerlaw.com/?p=1523 When Tennesseans swim in pools and waterparks, they could become sick due to waste byproducts called chloramines and disease-causing pathogens […]

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When Tennesseans swim in pools and waterparks, they could become sick due to waste byproducts called chloramines and disease-causing pathogens that are present in the water if disinfection efforts are performed incorrectly. Many pools are disinfected with chlorine, but chlorine can form chemical byproducts with urine, sweat, and other organic waste that people leave in the water. These byproducts can leave a layer in the water and in the air, irritating people’s respiratory tracts. There may also be a number of disease-causing pathogens that remain behind in the water, causing swimmers to contract a variety of illnesses.

Chloramines in the Water and Air

Swimming pools may be disinfected using several different approaches, including UV light and others, but the most popular disinfection method is using chlorine because it is cheap. While chlorine can do a good job of killing most pathogens, it reacts with organic waste, such as urine, sweat, feces, and sunscreen, that is introduced by people when they swim. When chlorine reacts with these different types of waste, they can form irritants called chloramines and nitrosamines. These irritants give off gases that are heavier than the air, and they can settle around the swimming pool in the air while also settling in a thin layer on the water’s surface. These irritants have been shown to cause irritation to the eyes, nasal passageways, and respiratory illnesses, and they have been linked to certain types of cancer. Swimming pools can use ventilation systems to remove chloramines from the pool area and prevent personal injuries. If the pool owner does not have a ventilation system installed or has it installed improperly, people may become ill.

Disease-Causing Pathogens Remaining Behind

While chlorine kills many pathogens, some only die after being exposed to the chemical for 20 or more minutes. This means that people who are present in the pool when a baby in a swim diaper defecates may contract illnesses despite the presence of chlorine. Guests at swimming pools and water parks should always take showers before they enter the pool, and parents should be aware that swim diapers are ineffective for preventing contamination. Public pools should have ventilation systems installed that are working properly and they should post signs telling people to shower.

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The Most Dangerous Times, Days and Months to Drive in Tennessee https://queenerlaw.com/blog/dangerous-times-to-drive/ Mon, 23 Apr 2018 22:58:58 +0000 https://queenerlaw.com/?p=1486 While there is always a risk of being involved in a car accident in Tennessee, there are certain times, days […]

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While there is always a risk of being involved in a car accident in Tennessee, there are certain times, days and months that carry much higher risks. When people know when the most dangerous times to drive are during the year, they can take added precautions to reduce the likelihood that they will be involved in automobile accidents.

The Most Dangerous Times to Drive

According to the Tennessee Highway Patrol, there was a total of 37,150 automobile accidents that happened on Fridays in the state in 2017, making it the most dangerous day of the week to drive. During the first quarter of 2018, there were 8,482 accidents that occurred on Fridays. In 2017, the most dangerous time of the day to drive was between 3 pm and 6 pm with 52,457 accidents occurring during those times. The greatest number of accidents happened in November in 2017, which had 19,043 collisions. Other months that also saw increased numbers of automobile accidents included December, October, May, and August. Each of these months had a little more than 18,000 accidents.

Why Are These Times More Dangerous?

There are several factors that make these times more dangerous for drivers. On Fridays, more people may be on the road to start their weekends. An increasing number of accidents may occur between 3 pm and 6 pm because of schools letting out and people commuting home from work. During the holidays, there is an increased number of people who are out shopping. The added congestion can result in more accidents.

Reducing Accident Risks

People can do several things to reduce their chances of accidents during periods of increased risks. They can always follow the traffic laws and remain alert. They should avoid engaging in distracting activities while they drive, and they should watch the behaviors of other drivers so that they can anticipate when they might suddenly do something unexpected. When there is ice or snow on the ground, people should drive slowly. Wet pavement should also lead people to slow down so that they can minimize the risk that they will hydroplane. People should never drive after drinking. While not all motor vehicle accidents can be avoided, following these basic steps may help to lessen the chances of injuries.

 

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Will This Act Put Teen Truckers Behind the Wheel? https://queenerlaw.com/blog/teen-truckers-behind-wheel/ Thu, 15 Mar 2018 14:28:27 +0000 https://queenerlaw.com/?p=1472 A Republican-sponsored bill in Congress would expand a pilot program under the FAST Act to allow drivers under the age […]

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A Republican-sponsored bill in Congress would expand a pilot program under the FAST Act to allow drivers under the age of 21 who have commercial drivers’ licenses to drive large trucks across state lines, including in Tennessee. The previously passed pilot program allows drivers between the ages of 18 and 21 who are military veterans to drive commercial trucks across state lines, but other people in the age group may not. While the bill’s backers claim that the expansion is warranted because of the shortage of qualified truck drivers for the trucking industry, drivers in this age group have been shown to have higher risks of accident involvement. The passage of this bill might mean that there would be a corresponding increase in the truck accident injury and fatality rates in Tennessee and in the rest of the nation.

What the Wheel Act Would Do

In 2016, Congress passed the Fast Act. This law established a pilot program through which minors between the ages of 18 and 21 who were veterans and who had CDLs were allowed to drive for trucking companies in interstate commerce. However, other drivers in the same age group who were not veterans but who did have CDLs were not allowed to drive across state lines. The Wheel Act, which is sponsored by Representative Claudia Tierney, R-New York, would expand this demographic to include anyone who is between ages 18 and 21 as long as they had clean driving records, CDLs, and certificates showing they completed safe driving courses. Tierney says that the expansion is needed because the trucking industry is expected to have a shortage of 175,000 drivers by 2024.

Why the Wheel Act Should Not Pass

The bill and its sponsors are focused on the trucking industry’s interests rather than on the public’s welfare. Teens are less experienced drivers, and statistics have demonstrated that younger drivers account for far more injury and fatality accidents than older drivers. Allowing drivers who are younger than age 21 to drive commercial trucks is likely to cause an increased number of truck accidents as well as a corresponding increase in injuries and fatalities. It is unclear whether this bill will pass, but public safety could be at risk if it does.

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