The motorcycle accident occurred on April 1, 2012, in another state, but it could so easily have happened here. According to the details of the case, a group of motorcyclists were riding on a highway near a small town when a pickup truck driven by the 44-year-old defendant plowed into the riders.
]]> The accident left riders scattered on the road. One of them, a 57-year-old woman, died at the scene. Some of the others who were injured had to be airlifted from the area because they were in such dire condition.At the sentencing hearing earlier this month, the widow of the dead victim told how his wife had ended up face down on the pavement. He described how he remained by her side as she died. Meanwhile, he says, the pickup driver was apparently oblivious to the carnage around him and was seen picking up beer cans and throwing them into the back of his vehicle.
As the widow put it, he feels as if the pickup driver destroyed the foundation of his home. He described his wife as the love of his life and said they'd been together for 36 years.
The 14-year prison term is the maximum allowed under the law in Illinois where this all took place. That didn't sit too well with the widow. The judge also ordered the defendant to pay a $10,000 fine and restitution of nearly $42,000.
Source: WSIL-TV, "Harris Sentenced to 14 Years for Deadly Crash," Stephanie Tyrpak, May 3, 2013
]]>When all is said and done, there could well be cause for action on claims of wrongful death and personal injury. Victims of such fatal motor vehicle accidents should be aware that they have rights and should be in touch with an attorney to learn what options may exist for seeking just compensation for their suffering.
]]> According to authorities, the accident happened on Hartsville Pike just outside Gallatin on Saturday. Witnesses reportedly told police that a white pickup truck was looking to pass two vehicles ahead of it on the two-lane road. It pulled into the opposing lane of traffic and smack dab into the front end of a black pickup carrying five people – three adults and two children, ages 8 and 1.The two passengers in the black pickup were killed in the wreck. The other three and the driver of the white pickup were all hospitalized at Vanderbilt University Medical Center. Their conditions were not available at the time this post was being written, but officials say the children are reportedly recovering.
Officials indicated that charges would be filed against the driver of the white pickup truck. The nature of those charges isn't known, but it is possible that vehicular homicide might be on the list.
Witnesses told reporters that accidents along Hartsville Pike are common. They express the hope that the deadly crash this weekend may serve as a reminder that it's important for all drivers to be careful and to drive defensively.
Source: WTVF-TV, "Victims Identified In Sumner County Crash," May 19, 2013
]]>All of them have crash safety ratings, and chances are those ratings played a role in the owner's decision to plunk down money for a particular vehicle. But a new study just out concludes that when it comes to human safety in a head-on collision, size of the vehicle trumps the crash safety rating almost all the time.
]]> That might not come as much of a surprise for readers. Basic physics would tend to support the notion. The bigger a vehicle is, the greater the chances are that it will fare better in a crash. By extension, it makes sense that the human beings in the larger vehicle will fare better, too.That doesn't diminish the value of the findings offered up today by researchers at the University of Buffalo. To explore the question of the value of crash test ratings, the scientists looked at government data from severe head-on crashes. In all, they looked at more than 83,000 accidents and then compared the types of vehicles that were involved.
What they discovered was that when car meets SUV head on, those in the car were more than seven times more likely to be killed. Even when a car's rating for safety in a front-end crash was better than the SUVs, the car passengers were still about four times more likely to be killed in the crash.
Despite what seems to be an obvious skew in favor of SUVs in terms of safety, consumer advocates say it shouldn't lead us to conclude that the small vehicles are unsafe. Consumer Reports notes that standard cars are a lot safer than they have ever been. And the organization says paying attention to factors such as whether a vehicle has antilock brakes, air bags or stability controls is important. Those things can help avoid accidents in the first place.
Source: Consumer Reports, "SUVs are safer than cars in front crashes, but there is more to the story," Jeff Bartlett, May 15, 2013
]]>At the time, arresting officers reported that the man had told them that he had taken the truck and started driving erratically because he was trying to shake zombies from the rig. Yesterday, the man pleaded guilty to criminal counts in connection with the truck accident case. They reportedly included charges of assault with a deadly weapon, hit-and-run causing death or injury and vehicle theft.
]]> More charges had been leveled against the man, but prosecutors say they opted to drop them in return for the guilty plea. As a result of the deal, what could have been a sentence of more than 12 years in prison will be limited to no more than five. Sentencing is set for sometime next month.The defendant apparently had climbed aboard the strawberry-hauling truck in Tennessee and rode with the driver to the West Coast. According to the California Highway Patrol, the man stole the truck during a weigh station stop when the driver was getting paperwork taken care of. As he swerved and sped down the highway he struck some five vehicles and left up to eight people hurt.
So this is a case in which criminal justice has been meted out fairly quickly. What remains in question is whether full accountability has been weighed in the matter. As we noted when we first wrote about this incident, it isn’t clear whether the trucking company and the licensed driver involved have been cited in connection with the case.
It could be that they and the young man convicted this week all bear some level of liability for the personal injuries that resulted. Such issues are complicated, which is why anyone involved in such an accident should be contacting an attorney to ensure their rights are protected.
Source: San Diego Union-Tribune, “Zombie-fearing truck thief pleads guilty Monday,” Aaron Claverie, May 13 2013
]]>Knoxville authorities say the driver of the SUV, a 19-year-old Jackson man, escaped the crash unhurt. They say he is expected to be charged with driving under the influence of drugs or alcohol, if he hasn't been already.
]]> All three of these young people are identified as being students of the University of Tennessee. They reportedly had been at a party in the Fort Sanders area on the night of the crash and were on their way back to the UT campus at about 5:45 a.m. when the driver of the SUV lost control of the vehicle just south of the Cherokee Trail exit of the Alcoa Highway.Investigators say evidence of marijuana use was found near the crash site and one TV news report says it discovered a set of Twitter messages from the driver of the SUV indicating he had been smoking marijuana, though it wasn’t clear whether the tweets were from the night in question.
One 18-year-old Knoxville woman was treated for minor injuries at the UT Medical Center. The other victim, a 19-year-old woman from Humboldt, suffered what authorities describe as potentially life-threatening injuries when she was ejected from the vehicle. The full extent of her injuries isn’t known as this is written, but at last word she was listed in critical condition.
There may be some inclined to write this type of story off as an example of just youthful indiscretion. But in today’s environment of hyper-awareness about the dangers of drinking and driving, it perhaps serves as a shock to the system, reminding us to be responsible for thinking beyond ourselves.
Source: WATE-TV, “3 UT students involved in crash after SUV rolls down steep embankment,” Samantha Manning, May 7, 2013
]]>According to the only story we could find on the matter, the accident happened a couple of weeks ago on Highway 41 during rush hour. A young mother was headed for Goodlettsville, north of Nashville, with her two young children in tow. Suddenly, she was confronted with a tractor-trailer truck coming from the opposite direction and heading head-on for her vehicle.
]]> Later, in an interview, she told a reporter that she laid on the horn to alert the truck driver, but he wasn’t responding. She says that’s when she noticed he was unconscious; his head up against his window. His vehicle was weaving all over the road, across all four lanes of traffic.The woman says she managed to avoid being hit. She could have just kept going, but she decided to turn around to do more to help. That alone was above and beyond. But that’s not the end.
By now, the truck had run off the road and was slowing, but it was still moving. The mom somehow caught up to the truck. She got the driver to open his door and, following his mumbled directions, she managed to engage the air brakes on the truck. Then she called 911.
What exactly happened to the 34-year-old truck driver isn’t clear. The woman who saved the trucker says he was clearly having a medical emergency. He is now believed to be OK.
Interestingly, while witnesses credit the woman with being the hero in this instance, she credits the driver. She notes he had turned on his emergency flashers to alert others he was in trouble.
This story ended well, thank goodness. Most truck accidents don’t. And when they occur, they tend to leave a lot of destruction, injury, and very often death in their wake. Very often they occur due to truck driver negligence or recklessness. Victims should be aware they have rights regarding the pursuit of compensation in such instances.
Source: WTVF-TV, “Woman Helps Stop Runaway 18-Wheeler,” Marcus Washington, April 23, 2013
]]>Despite a general trend of declining fatalities from traffic accidents, statistics show that motorcyclist deaths continue to rise. Specifically, government data notes that while the number of all motor vehicle fatalities is down 23 percent, the number of motorcycle deaths have doubled in the past 15 years.
]]> While numbers for all of 2012 aren’t yet available, initial figures for the first nine months suggest an annual increase of about 9 percent. If that bears out, officials say the death toll from motorcycle accidents for the year could top out at about 5,000.A lot of reasons are given for the graphic rise in deaths. The weather was generally warmer throughout the year last year across all states. That weather, combined with an improving economy reportedly encouraged more motorcycle sales in 2012. And high gas prices were cited by some states as contributing to the issue.
But the GHSA says a lot of unnecessary death occurred because of speeding, alcohol consumption and too many cyclists opting to forego basic safety measures like wearing proper safety gear, like a helmet.
The National Highway Traffic Safety Administration says that more than 700 bikers who died in 2010 might have survived if they had only been wearing a helmet. It says that in nearly a third of accidents, motorcycle riders had been over the legal limit for alcohol. And speed was identified as a factor in about 35 percent of accidents.
What doesn’t appear to be addressed in the statistics reported, though we are sure the issue has not been overlooked, is how many accidents involving motorcyclists occurred because other drivers didn’t see the bikers on the road.
Yes, motorcyclists need to be particularly careful to counter the intrinsic risks they face, but all drivers share the road and the responsibility for safety.
Source: The Washington Post, “Motorcycle deaths continue to climb,” Ashley Halsey III, April 24, 2013
]]>The onus is on all who use the roads for travel, whether by motorized power or human, to be extra careful. To help highlight this responsibility, the U.S. Department of Transportation is sponsoring a two national summits on bicycle safety. The first was held in Tampa earlier this month. the second is taking place in Minneapolis today.
]]> When the event was held in Tampa April 11, special focus was placed on reducing the number of accidents that end in death in the area. According to cycling enthusiasts in Tampa, the region is an ideal cycling environment. The terrain is generally flat and the weather is nice pretty much all of the time.But they say it's also known to be deadly. They recorded 13 fatalities in the county in 2012. Interestingly, that compares with 57 deaths of people under pedal power in Davidson County in 2010, apparently the latest year for which complete statistics are available from the state of Tennessee.
So far in 2013 in Tampa, there are no bicycle deaths reported, and it's that trend that appears to have prompted federal officials to host one of their two summits there. As part of the promotion for the summit, U.S. Transportation Secretary Ray LaHood noted that, because of the number of cyclists and the dedication of city officials, the community is well positioned to shed its reputation as being dangerous for cyclists.
Officials say Minnesota got the nod to host a summit because it saw bicycle deaths drop steadily every year from 2008-2011. Nationally meanwhile, just from 2010-2011, fatalities from bicycle accidents went up 9 percent.
LaHood says he is of the opinion that increasing bike use needs to be encouraged and that it doesn't need to happen with increased fatalities.
Source: Tampa Bay Times, “Tampa bike safety summit features U.S. transportation chief,” Erin Sullivan, April 11, 2013; Minnesota Public Radio, “Bicycle safety: Minnesota's efforts held up as model for US,” Elizabeth Dunbar, April 29, 2013
]]>Sometimes the source of the distraction is outside the vehicles. It's easy for the eye to be drawn away from the road by that place you're looking for; the clever billboards; an interesting looking person. But let's not forget the distractions inside the car; children fussing in the back seat; that spilled snack or coffee; the airing of that song on the radio that, if you hear it one more time, is going to drive you batty. What about the electronic gadgets in cars today?
]]> The federal government is asking car makers to do something about that last issue. Safety regulators came out this week with some new voluntary guidelines for car manufacturers to consider. They include designing dashboards and access to electronic devices so that drivers won't have to look away from the road or steer the car with one hand for more than two seconds at a time. Attempting to text or surf the Internet would only be possible under the guidelines if the vehicle's transmission is in park.The ease-of-access recommendations would apply to just about everything: on-board phones, GPS systems; and entertainment consoles (radios and DVD players).
Officials say the devices being targeted for action are those that are seen as driver want-to-haves, but not necessarily driver need-to-haves. As officials put it, the devices affected would be those that are secondary to the more important task of driving.
The reports we've seen don't indicate what vehicle makers think of the new guidelines.
Source: CNN, "'Two second' safety guideline for cars of the future," Mike M. Ahlers, April 24, 2013
]]>The musician, 41-year-old Todd Harrell, is reportedly being held in Davidson County Jail in lieu of $100,000 bond. Records show that he was arrested on Friday night and booked on a charge of vehicular homicide by intoxication early on Saturday.
]]> According to police, Harrell was speeding along Interstate 40 in Hermitage when his Cadillac came into contact with the victim's pickup truck. Officials say the truck's driver lost control and his vehicle headed over an embankment, only coming to rest after it had overturned. Police say the victim wasn't strapped into his truck and was ejected. He died later at a Nashville hospital.When authorities arrived on the scene, they subjected Harrell to field sobriety tests and is said to have displayed evidence of impairment. A police statement says Harrell admitted to having been drinking hard cider and having taken prescription pain and anti-anxiety medications. Later, at the jail, authorities say they also discovered a stash of controlled drugs in a plastic bag in one of Harrell's socks.
Little information about the victim in this crash is available from the reports we've seen. What we know we've shared. Where the man was from or whether he leaves behind any loved ones is unclear.
Situations like this are always traumatic. Those left behind to deal with the aftermath may find some limited consolation in the knowledge that regardless of what happens in the context of the criminal courts in this case, they may be able to seek and obtain some financial help and compensation through civil action.
Source: Reuters, "3 Doors Down bassist charged in fatal crash in Tennessee," Tim Ghianni, April 20, 2013
]]>Harper was found guilty on a total of 10 counts in the case yesterday. They included three charges of vehicular homicide, another three vehicular homicide counts due to intoxication, evidence tampering, reckless endangerment, fleeing the scene, and driving under the influence. Killed in the night-time, hit-and-run wreck was the pregnant 24-year-old Chastity Thornell, her unborn daughter, and 45-year-old Nelzon Soto.
]]> According to the case laid out during the trial, Thornell and Soto were helping a friend of Thornell's who had run out of gas. Just as they were finishing up their efforts, Harper was alleged to have come along in an SUV and struck the pair and then continued driving.While there wasn't any apparent direct evidence that Harper was driving impaired, and he denied that he was during his own testimony, witnesses who testified indicated that he had admitted to them that he had been drinking that night. The prosecution also claimed that Harper had been speeding at the time, a known possible indicator of DUI.
Drunk drivers also tend to have poor reflexes and impaired depth perception, both of which could be used to support claims of recklessness or negligence in the event that relatives of the victims determine to pursue their right for compensation through civil action.
With the criminal conviction handed down against the defendant in this case, sentencing is now pending. It's not clear from the reports when that might take place.
Sources: The Tennessean, "Jury finds Franklin man guilty on 10 counts in triple fatal Knoxville hit and run," WBIR, April 17, 2013; WATE-TV, "Jury deliberating charges in Curtis Harper hit-and-run trial," Stephanie Beecken, April 16, 2013
This all happened earlier this month. According to the reports about the incident, the young man had been picked up by a long-distance hauler after he was kicked out of his home in Tennessee. The driver and his passenger proceeded to head west and had made it to California when things went south.
]]> The full details of what prompted the events that followed aren't clear. What authorities are saying at this point is that the trucker had stopped at an inspection site near Temecula and had stepped out of the cab to complete some paperwork. While he was away, the 19-year-old man got behind the wheel of the Strawberry-loaded rig and took off.Officials say that as he drove along Interstate 15, he was erratically zigzagging along. They say he triggered collisions involving five other vehicles before losing complete control of the big rig. At least five people, and perhaps as many as eight, were injured.
Arresting officers said that when pressed for an explanation for his actions, the young man said he had been trying to shake zombies from the truck. Officials say he apparently under the influence of something, though they don't know what. The young man is now held on multiple charges.
Accidents involving big rigs are typically the most devastating and complicated to work through for everyone involved. Those who wind up being hurt often don't have the physical or emotional wherewithal to deal with the morass of legal and insurance issues that develop, which is why it's wise to consult an attorney.
In this particular case, there are a number of specific factors that could eventually affect determinations of liability. One major question that would seem to need answering is whether the trucking company and its driver bear any responsibility. Federal Department of Transportation rules prohibit the carrying of unauthorized passengers in commercial vehicles without proper approval. It's not clear from what we've read whether that rule was violated or not.
Sources: CNN, "Cause of multiple collisions in California? Zombies, driver tells police," Dorrine Mendoza, April 11, 2013; latimes.com, "Zombies? Suspect in wreck of stolen truck says undead were chasing him," Ruben Vives, April 10, 2013
Readers of this blog are likely aware of just how devastating motorcycle accidents can be. Most of the ones we write about on this site involve situations in which a motorcyclist suffered significant injuries or was killed after failing to be seen by other drivers.
]]> Bikers tend to suffer most in such crashes just because they are more exposed. But it isn't always negligence on the part of drivers that can lead to tragic accidents. If a motorcycle happens to have defective equipment it may be subject to recall. And if the recall doesn't get made, the repair won't be made.The question can legitimately be asked then, what standard of liability should a motorcycle dealership be held to if that failure results in injury or death? The answer is something that should be explored with an experienced attorney.
This is brought to mind by a news story out of Chattanooga. Federal authorities recently levied penalties in the amount of $125,000 against a motorcycle dealership in that city. The National Highway Traffic Safety Administration says the company sold nearly 330 Honda motorcycles between 2008 and 2012 that were subject to recalls for safety issues. But the firm didn't notify buyers or do the work as required by law.
As it happens, the dealer says no one ended up suffering death or injury as a result of the failure. That's fortunate, because it surely would be of little consolation to anyone caught up in a wreck due to the oversight.
Source: Claims Journal, "Tennessee Dealer Pays $125K Penalty Over Unrepaired Recalls," Associated Press, March 18, 2013
The 28-year-old Bouge herself was critically injured in the crash. Her weeks-old son also was also hurt, but apparently has been home for some time.
]]> Bouge only just returned to her Greenbrier home last week. While hospitalized for the past few months, she's undergone seven surgeries. And, while doctors say she will walk again within six months, she's currently in a wheelchair. That may be of particular frustration considering that she is a dance instructor.The accident that wreaked such devastation happened on U.S. Highway 41. According to reports made at the time, Bouge, her mother and her children were on their way between Springfield and Greenbrier when a car driven by a 27-year-old man crossed the center line into their lane. As a result of the collision, all four people in Bouge's car were injured. The driver of the other car also was hurt and later died of his injuries.
Commenting on her homecoming last week, Bouge said she's a ball of mixed emotion. She says she's anxious, nervous, excited and mad. She says she still finds it hard to comprehend what happened and how it happened. She continues her recovery and says that she is really focused on first standing, and then walking. At the same time, she and her husband say they try to keep the good memories of their child alive.
Reports about the accident that are available at this point don't indicate what investigators might have determined regarding the specifics of the crash. Negligence of some sort seems to have been in evidence on the part of the other driver. In any such situation as this, victims should seek to know what their legal rights and options for seeking compensation are by consulting an attorney.
Sources: WTVF-TV, "Mother Injured In Robertson County Crash Returns Home," Emily Luxen, April 5, 2013; WKRN-TV, "Robertson County collision kills 2, injures mom, 2 young kids," Jan. 29, 2013
However, it would be wrong to draw the conclusion that all fatal motorcycle accidents are the result of negligence on the part of drivers alone. The truth of the matter is that motorcycles are machines with a lot of moving parts and if any of the most critical ones are defective for some reason, they can give out. If that happens, accidents can result.
]]> One such accident is said to have occurred last June in Pennsylvania. Now, the son of the couple that died in that crash is suing the maker of the tires that were on the motorcycle. Also named in the wrongful death suit is a motorcycle shop. Why the shop has been included isn't clear. Perhaps it sold the motorcycle to the couple. Maybe it did the service work on it.According to one report we've seen about the accident, a husband and wife, aged 56 and 52 respectively, were out riding their 2007 Harley-Davidson motorcycle when the rear tire blew out. The vehicle went out of control and crashed. The husband died at the scene and the wife died 10 days later of injuries she suffered.
The suit alleges that the Dunlop tube used to support the Goodyear tire on the motorcycle was faulty. It makes a claim of negligence and accuses the companies of wrongful death.
Goodyear and the cycle company had both refused to comment as of the time this post is being written.
Source: Pittsburgh Post-Gazette, "Tire maker sued in fatal cycle crash," March 5, 2013
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