The holidays are supposed to be a time of celebration, joy, and togetherness. Unfortunately, many families find themselves shouldering the unexpected burden of a holiday travel accident when they’re supposed to be enjoying time with the people they love most. With more vehicles on the road, increased alcohol consumption, and unpredictable weather conditions, holiday travel accidents are all too common in Tennessee and our neighboring states.

If you or a loved one is injured in a crash during the holidays, it’s easy to feel overwhelmed, sad, and even angry. With the right legal support, however, it is possible to move forward with grace and confidence during a time filled with uncertainty. Let’s take a closer look at some of the reasons behind Tennessee’s uptick in traffic accidents around the holidays and explore how an experienced car accident attorney can help victims and their families fight for the compensation they need to recover and move forward after a holiday crash.

Why are holiday traffic accidents so common?

According to data from the National Safety Council, traffic fatalities tend to peak during major U.S. holidays. In Tennessee, crash data supports this notion, with accident reports spiking in October and remaining elevated through the end of the calendar year. But exactly why is holiday travel so uniquely dangerous?

For starters, winter travel always poses additional risks. Weather conditions in winter can make roads slippery, visibility spotty, and vehicle components more subject to mechanical failure. As if all of those things weren’t hazardous enough, the hustle and bustle of the holiday season can further compound existing risk factors and lead to an increased likelihood of traffic accidents throughout the last quarter of the year.

Some additional factors that contribute to holiday traffic accidents include:

• Distracted driving
• Drowsy driving on long-distance trips
• Drunk driving after holiday parties or events
• Speeding to arrive at social gatherings on time
• An influx of out-of-state drivers

Between work events, social gatherings, family visits, and holiday shopping, many drivers find themselves covering more ground during the holiday season and attempting to spin more plates while they do so. Unfortunately, all of these things combined can put drivers, passengers, and other motorists at an increased risk of having their holiday plans derailed by a serious motor vehicle accident.

Common injuries in holiday travel accidents

All car accidents have the potential to cause serious harm to the motorists involved in the crash, but holiday travel accidents can pose additional risks thanks to cold temperatures, crowded roads, and other hazards. Some of the injuries commonly associated with holiday travel accidents include:

• Whiplash
• Soft tissue injuries
• Broken bones
• Concussions and other traumatic brain injuries (TBIs)
• Back and spinal injuries
• Lacerations and contusions

In addition to the physical harm, holiday traffic accidents can lead to serious emotional distress. Anxiety, panic, and PTSD are common emotional symptoms of serious motor vehicle accidents and often require dedicated mental healthcare in the weeks, months, and years after a crash.

What about chain-reaction and multi-car crashes?

Stop-and-go traffic is extremely common during the holiday season as out-of-towners trek to visit family members and last-minute shoppers flock to local retail outlets. Thanks to this roadway congestion, seemingly minor car accidents can turn into major chain-reaction crashes that put multiple vehicles in harm’s way. In addition to causing additional injuries and extensive property damage, chain-reaction and multi-car crashes can pose significant legal challenges for injured victims looking to collect compensation.

Some important questions to consider after a multi-car pileup include:

• Who was the initial at-fault driver?
• Did any driver fail to stop in time or follow at a safe distance?
• Did poor road maintenance or weather contribute to the chain reaction?
• Were there any commercial or delivery vehicles involved?

While the driver whose actions initially triggered the accident will likely be assigned the majority of fault in these cases, Tennessee law allows for multiple at-fault parties to be found liable in these crashes. That’s because Tennessee follows a comparative negligence rule that requires each driver’s level of fault to be assessed when determining final settlement amounts or damage awards. If a driver involved in the chain-reaction crash is found to have been, for example, 25% responsible for their own injuries, their final compensation will be reduced by 25%.

Because chain-reaction crashes involve multiple parties who may or may not share some portion of responsibility, it is important for motorists involved in multi-car accidents to partner with an experienced attorney in order to protect themselves against unwarranted claims of shared liability. A local car accident attorney can help accident victims collect evidence and witness testimony to support their account of the crash and fight back against claims that they contributed to their own injuries.

What kind of compensation can holiday accident victims recover?

Depending on the nature of the accident and your injuries, Tennessee law dictates that victims of holiday travel accidents may be able to recover compensation for both economic and non-economic damages, such as:

• Hospital bills
• Emergency medical care or ambulance rides
• Lost income
• Reduced earning capacity
• Pain and suffering
• Property damage
• Emotional distress
• Loss of enjoyment in life

In Tennessee, there is no cap on the amount of economic damages an accident victim can recover, but the cap on non-economic damages is $750,000 in most cases. In some cases involving catastrophic injuries like loss of limb or wrongful death, the non-economic damage cap may be increased to $1 million.

Ultimately, the amount of compensation recovered in these cases varies significantly depending on the severity of the victim’s injuries, the extent of the accident-related costs, and the injured party’s ability to prove their case. That’s why it’s so important for victims of holiday travel accidents to partner with experienced legal representation who can help them compile medical records, gather evidence, and advocate for the highest possible payout in their case.

Holiday travel accident dos and don’ts

If you’re involved in a crash during holiday travel, the choices you make immediately following your accident can make a major difference in your future fight for compensation. Here is an overview of what you should and should not do in the wake of a holiday crash:

DO	DON’T
●      Call 911	●      Leave the scene of the accident
●      Move your vehicle out of traffic	●      Exit your vehicle in a dangerous location
●      Render emergency aid to anyone who needs it	●      Admit fault to anyone at the scene or on the phone
●      Take photos and videos of the scene	●      Attempt to delete or tamper with any dashcam or cell phone footage
●      Collect witness information	●      Engage in any verbal or physical arguments
●      Exchange license, insurance, and contact information with other involved drivers	●      Fail to file a police report if anyone is injured or if there is extensive property damage
●      Seek medical attention immediately	●      Put off seeking medical care because you think your injuries are minor
●      Contact a personal injury attorney	●      Post information, photos, or videos related to the crash on social media

 

Following these tips can help you protect and preserve your rights in the midst of a holiday travel accident. Even if the other driver involved in your crash is from out of state, you can still proceed as usual with filing a claim, and adhering to the protocols outlined above will help you ensure all of your bases are covered prior to interacting with any insurance companies or legal representatives located outside of Tennessee.

Remember: the statute of limitations in Tennessee personal injury cases is generally one year from the time of an accident or from the time a victim’s injuries are or should have been discovered. This doesn’t leave much wiggle room for victims and family members who are attempting to manage the physical, emotional, and financial toll of an accident. For this reason, it’s best to take legal action as soon as possible.

Final thoughts

The holidays are supposed to be a joyous time – don’t let an unexpected holiday accident spoil the magic of the season. Whether you were involved in a chain-reaction pileup or struck by an impaired driver on their way home from a holiday gathering, you deserve legal representation that will fight for your rights to the fullest extent of Tennessee law.

At Delius and McKenzie, PLLC, we understand how quickly holiday travel accidents can turn a time of celebration into a season of strife. That’s why we are here to help residents of East Tennessee fight for the compensation they deserve after a holiday travel accident. We’ll handle the hard stuff so you can focus on recovering from your injuries and spending time with the people you love.

If you or a loved one has been injured in a car accident during the holidays, don’t wait. Give us a call or fill out our contact form today to schedule a free consultation with a member of our compassionate, client-focused team. Let’s work together to start rebuilding your peace of mind and sense of security this holiday season.