Tennessee Law Blog

According to government statistics approximately 45 pedestrians are killed annually nationwide every year in school bus/pedestrian accidents. Of those accidents about 80% of the pedestrians killed are students. 2/3 of the total number of fatalities are struck by the front of the bus. During the last two years, two children in Washington have died after being run over by the front wheels of a bus.

In an attempt to lower the number of school bus/pedestrian accidents, North Carolina, South Carolina, Virginia, and Georgia have mandated the use of crossing control arms mounted to the front of all school buses. When extended the force students to walk at least five feet in front of the bus, which keeps the students within the bus driver's view.

I would encourage you to contact your local school board, councilman or legislature and request that Tennessee join this group of states. Nothing would make me happier than to never have another parent in my office morning the loss of a child. This is one more way we can keep that from happening.

Well, it’s that time of year. Trees get their leaves back, flowers bloom, and you waking in the morning to the gentle humming of a ninety-pound jackhammer. Yup, folks, it’s road construction time again.

Major upcoming or continuing road projects for the Nashville area include:

• Installation of traffic cameras and overhead dynamic message boards along I-440, I-65, I-24, and I-40. Look out for repairs to concrete along I-440 over the coming weeks.

• Resurfacing at night on I-65 and parts of I-40, I-24, and I-440 along the downtown loop. Driving north, watch out for resurfacing on I-65 between Honey Run Creek and Mile Marker 121 at night. Driving south, on I-65, watch out from Moore's Lane to the Davidson County line.

• Lebanon Road Bridge Construction (new bridge over the Stones River on Lebanon Road).

• South of Nashville: Look out for construction widening I-24 from SR 96 to SR 10 (US 231). Construction on I-65 of a new interchange on I-65 at McEwen Drive.

(information courtesy of the TN Department of Transportation)

With only 23 automible accident injuries and no fatalities in Shelby County last month (March) and with about three-quarters of our state now wearing its seatbelt (up 16% since 2000, according to the National Highway Traffic Safety Administration’s 2007 report), we’re doing something right on the road.

Let’s keep eye on the road, our hands at ten and two, belts buckled, and feet near the brake as we pass through these construction zones. Look out for our workers’ safety and your pocketbook: speeding violations in construction areas will cost you an additional $250-$500.

Reading the paper today I see that one of our lawmakers had an accident and appears to have been drunk. It also appears that he was drunk after attending three legislative sessions. This accident is upsetting on so many different levels.

To begin, and to state the obvious, we have a legislature that has drunk driving accident. A person that we have elected to draft laws to keep us safe. Each year I handle a number of cases where people have been injured by drunk drivers. It is difficult for any family to understand such a senseless crime. I can't imagine the betrayal a victim would feel if they were hit by a drunk representative.

Second, it really makes you wonder what type of events had he been attending. I have no problem with social and responsible drinking but if we have lobbyist getting our legislature loaded and sending them out on the road, we really need to get control of the situation.

Over the past two years Traffic fatalities have gone down in Tennessee, according to statistics. Two new laws are getting some credit in reducing the fatalities. One is the new lower minimum blood-alcohol content of 0.08 percent for drunken drivers and the second is a law which allows police officers to pull over motorists who aren’t wearing seatbelts.

It is amazing the impact these two factors have on fatality accidents. It is also interesting how simple it is to put on a seatbelt but so many of us forget. In fact, after dropping my son off at school last week a policemen pulled me over because I wasn’t wearing my seatbelt. I felt so dumb thinking about all of the devastating accident cases my office has handled where peoples injuries were exacerbated because that did not use their seatbelt. So I encourage all of you to take those extra few seconds to buckle up.

Thirty-nine-year-old William Hamilton Jr. was crossing Broadway at Third Avenue In Nashville, Tennessee on his way home from work Monday evening when he was struck by a Metro Transit Authority bus. The collision left Hamilton with broken ribs, a deflated lung, and several other injuries. The bus driver, Dujuan Thompson, who was turning left onto Broadway when he hit Hamilton, was cited for his failure to yield to a pedestrian in a crosswalk. He will continue driving city buses for the MTA while the accident is reviewed and William Hamilton Jr. heals from his injuries.

Automobiles are so commonplace in our culture that we take them and the dangers they pose to us for granted. Most of us simply accept the six-million US car accidents per year as a part of our lives, and only truly grasp how great that number is when we or someone we love becomes one of the three-million people injured or killed by those accidents.

This past Monday, the true dangers of automobiles became quite real to William Hamilton, Jr. and his family. While his injuries were not maliciously inflicted, he would be able to walk home from work today if only the bus driver had been more attentive. Hamilton, like all other individuals injured as a result of another’s negligence, deserves to be provided with the best medical attention possible and enough money to make up for his lost wages and recovery. If you or a loved one has a story like Hamilton’s, make sure you were properly compensated. If you suspect that you weren’t, we are here to help.

On October 5th, tire workers in Tennessee and other areas of the country walked off the line and into the streets in protest of Goodyear Tire’s proposal to gut their wages, health care benefits and retirement packages. Goodyear responded to the ongoing strike of over 16,000 United Steelworkers members by hiring thousands of temporary employees. The fill-in workers have been keeping the factories humming, but their inexperience may prove to be more costly to drivers everywhere—and ultimately to Goodyear Tires—than providing union employees with the wages and benefits they deserve.

A formidable group of United Steelworkers and their supporters demonstrated in front of the Nashville Goodyear Auto Service Center on November 18th in effort to raise the public’s—and Goodyear’s—awareness of the danger that temporary auto workers may cause to Americans’ lives. The group cited a study done by Princeton University scholars that linked 271 deaths and more than 800 injuries to the year 2000 Firestone/Ford recall of 14.4 million tires manufactured during times of labor strife by temporary workers. In addition to getting fairly compensated for their work, the workers want to keep drivers alive by learning from the mistakes of others.

Tomorrow, December 16, the United Steelworkers are sponsoring a nationwide Goodyear Day of Action to further inform the public about Goodyear’s labor policies and the dangers associated with the thousands of tires that inexperienced laborers are manufacturing daily.

You can help keep our roads safe by joining the union members at Goodyear’s Nashville store at 405 Harding Place where they will be handing out leaflets to shoppers from 9 to 11 in the morning. Your presence there may help prevent the kind of needless deaths that took place at the hand of defective tires in 2000. Our firm will continue to educate the public about how to minimize such tragic accidents, and to help those who are victims of them get the justice they deserve.

Last week a young man lost his life after he was served alcohol at a downtown Nashville nightclub. Bryson Maynard lost his life early Saturday morning. Accordingly to witnesses the downtown nightclub staff and management knew the boy and his friends were - and still served them. Bryson was killed in a car wreck that night.

Unfortunately, our legislature has made it difficult to hold bars and restaurants responsible for people injured consumption of alcohol. Specifically, the law declares that the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person. This law was passed after lobbying by the liquor, restaurant and hotel industry. It places profit over people. Fortunately, the legislature did place a very limited exceptions to hold the seller responsible. Specifically, a seller can be liable if a jury of twelve (12) persons finds beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:
(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or
(2) Sold the alcoholic beverage or beer to an obviously intoxicated person and such person caused the personal injury or death as a direct result of the consumption of the alcoholic beverage or beer so sold.

This is a hard burden to carry. It is sad that these business are given such preferential treatment and the legislature has such disregard for our safety. It is apparent that the have not suffered the loss of a child to a drunk driver. Our firm will fight for a change in this immoral law.

Two middle Tennessee car accidents tragically claimed the lives of two children within 16 hours. Also, two other women were killed and 13 other people seriously injured. The child who died in the first wreck was not riding in a car seat.
Police said that the child, who was sitting on her mother’s lap and bound by her seat belt, was ejected on impact and died the next day in a hospital. This loss emphasis the importance of using a child safety seat. Following are safety tips from the government as to the proper use of child safety seats.

Seats are to be secured to the vehicle by a safety belts or by the LATCH system.
-Do not use in a front seat where an air bag is present.
-Tightly install child seat in rear seat, facing the rear.
-Child seat should be reclined at approximately a 45 degree angle.
-Harness straps at or below the child’s shoulder level (lower set of slots for most convertible child safety seats).
-Harness straps should fit snug on child; harness clip at armpit level.
Less than 1 year/ 20-35 lbs. Convertible Seat/used rear-facing (select one recommended for heavier infants).

Seats should be secured to the vehicle by the safety belts or by the LATCH system.
-Do not use in a front seat where an air bag is present.
-Tightly install child seat in rear seat, facing the rear.
-Child seat should recline at approximately a 45 degree angle.
-Harness straps/slots at or below the child’s shoulder level (lower set of slots for most convertible child safety seats).
-Harness straps should fit snugly on child; harness clip at armpit level.
PRESCHOOLERS /
TODDLER 1 to 4 years/ at least 20 lbs. to approximately 40 lbs. Convertible Seat/forward-facing or Forward-Facing Only or High Back Booster/Harness.

Seats should be secured to the vehicle by the safety belts or by the LATCH system.
-Tightly install child seat in rear seat, facing forward.
-Harness straps/slots at or above child’s shoulders (usually top set of slots for convertible child safety seats).
-Harness straps snug on child; harness clip at armpit level.
YOUNG
CHILDREN 4 to at least 8 years/unless they are 4’9" (57") tall. Belt-Positioning Booster (no back, only) or High Back Belt-Positioning Booster.

NEVER use with lap-only belts—belt-positioning boosters are always used with lap AND shoulder belts.
-Booster used with adult lap and shoulder belt in rear seat.
-Shoulder belt should rest snugly across chest, rests on shoulder; and should never be placed under the arm or behind the back.
-Lap-belt should rest low, across the lap/upper thigh area—not across the child’s stomach.