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New Tennessee Law Increases Penalties for Careless Driving
Tennessee has passed the "Due Care Law" to provide increased protection for bicyclists and pedestrians.
October 23, 2011 /Law and Legal PR News/ -- New Tennessee Law Increases Penalties for Careless Driving
For years, the families of Tennessee bikers, walkers and joggers killed or injured at the hands of careless drivers have had to sit back and watch as the person responsible for harming their loved one escaped punishment.
Thankfully, a new law effective July 1, 2011 will help these families seek justice.
An organization called Bike Walk Tennessee partnered with Tennessee lawmakers this past legislative session to amend the state's "Due Care Law" to provide increased protection for bicyclists and pedestrians. The campaign was spurred after a Nashville man was killed on his morning walk by a driver who fell asleep behind the wheel. His family discovered that there was no law on the books that allowed the state to prosecute his killer.
Previously, Tennessee law only required drivers to exercise due care to prevent a collision with another motor vehicle. Now, the amended law extends that requirement to include bicycles and pedestrians, whether they are located on the road, in a bike lane, on a sidewalk or on the road's shoulder or berm.
The law further extends criminal penalties to drivers who cause serious bodily injury or death by failing to yield the right-of-way to pedestrians, by failing to safely overtake and pass a bicyclist or by generally failing to exercise due care. Violations are punishable by up to 11 months and 29 days in jail, a fine of up to $500 and revocation of driving privileges for up to one year.
"I Didn't See You" No Longer an Excuse
Often, drivers who cause an accident with a bicyclist or pedestrian will try to blame the victim by saying they couldn't see them coming. The new law is specifically designed to take away this excuse. It requires drivers to operate their motor vehicles in a manner and at a speed that allows them to see other users of the road, essentially placing an affirmative duty on drivers to be on the lookout for bicyclists and pedestrians.
Law Will Help Civil Claims
An added benefit of the law is that it will help strengthen negligence and wrongful death claims pursued by victims of motor vehicle accidents. The Murfreesboro Post quotes Sen. Andy Berke, one of the new law's legislative sponsors, as saying that victims' rights will be strengthened by "making it clear that the law requires people in a car to exercise proper driving restraint around people on a bicycle and pedestrians."
If you or a loved one has been injured or killed as a result of a motor vehicle accident, you may want to contact an experienced personal injury attorney in your area who can help explain how the new law affects your rights.
Article provided by Mart G. Fendley, Attorney at Law
Visit us at www.fendleylaw.com
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