Posted in Motorcycle Safety on August 5, 2014
Earlier last month in Knoxville, a tragic accident took the life of one motorcyclist and sent his passenger to the hospital with serious injuries. According to a report by one local news source, the accident occurred on a Saturday evening on Chapman Highway, just north of East Dick Ford Lane.
Evidently, the motorcyclist was driving in the left lane of Chapman Highway when an SUV made an abrupt U-turn in front of him. The motorcyclist was unable to avoid the SUV, and the two collided. The driver of the motorcycle was taken to the University of Tennessee Medical Center, where he was later pronounced dead. His passenger was also taken to the hospital, but luckily she is expected to recover from her injuries. Neither the driver of the SUV nor the passenger was injured in the accident.
However, the driver of the SUV was taken into the hospital as well, although not for any injuries he sustained but for a mandatory blood draw to test for the presence of drugs or alcohol in his system. Such procedure is Tennessee state law following any fatal traffic accident.
While police await the results of the blood test, they have submitted the case to the District Attorney’s office. No charges against the SUV’s driver have been pressed as of yet.
Mandatory Blood Testing
The law in Tennessee requires that after any fatal Tennessee car accident all surviving drivers have their blood taken to test for the presence of drugs or alcohol. The evidence from this blood test can be used by the District Attorney in a criminal case against the driver, but it can also be used against the driver in a civil case for damages brought by the accident victim or the victim’s family.
This kind of blood-alcohol evidence is key in civil cases because it provides the jury with nearly irrefutable scientific evidence that the driver of the car was intoxicated at the time of the accident. Once a driver is established to have been operating the vehicle while intoxicated, the plaintiff’s job is made much easier in that he or she must only prove causation and submit proof of damages.
In cases where there was not a blood test taken after the accident, recovery is still possible through other means. For example, eyewitness testimony that a driver was intoxicated may convince a jury of that driver’s intoxication.
Have You Been Injured in a DUI Accident?
If you or a loved one has recently been injured in a DUI accident, you may be entitled to monetary damages from the drunk driver. Depending on the circumstances of your case, recovering compensation may be easier than you think. To learn more about the laws in Tennessee that permit the innocent victims of drunk driving accidents to recover for their injuries, click here, or call 615-200-1111 to schedule a free consultation with a dedicated Tennessee personal injury attorney.
See Related Blog Posts:
Chain Reaction Accident in Knoxville Claims Two Lives, Nashville Injury Lawyer’s Blog, published June 30, 2014.
Domino-Effect Accident Leaves Three Dead in Tennessee, Nashville Injury Lawyer’s Blog, published July 15, 2014.
