Memphis a Top 5 Most Dangerous Metro Area for Pedestrians

Have you ever tried to scramble across Poplar Avenue? If so you know that it’s like a high wire circus act. I can’t even walk the one mile from my home in Germantown to the Saddle Creek mall because of lack of sidewalks and safe street crossings!

A new rankings list confirms what Memphis personal injury lawyers have known all along – our city makes commuting on foot a death defying stunt that only the brave should attempt.

The rankings by the Surface Transportation Policy Partnership, place Memphis at number 5 on a list of the most dangerous metro areas, based on a Pedestrian Danger Index (PDI). This PDI was calculated by dividing the average pedestrian accident fatality rate between 2007 and 2008, by the percentage of residents walking to work. It was created to compare metropolitan areas across the US, taking into account that in some cities, more people walked daily to work and therefore, there may be a higher rate of pedestrian fatalities. The first four spots on the list were taken by four metropolitan areas in Florida, making that state the most dangerous for pedestrians.

As I drilled down further into Tennessee’s data, I found that while the national PDI is 52.1, Tennessee has a PDI of 71.5. Memphis has a PDI of 137.7 followed by Chattanooga at 78.6, Nashville-Davidson-Murfreesboro-Franklin at 70.2, Kingsport-Bristol-Bristol at 54.7 and Knoxville at 54.5.

According to the researchers, most pedestrian accidents occur on arterial roads, or highways that have simply expanded and become more congested over time. Poor design has contributed to these arterial roads becoming pedestrian fatality magnets.

As a Memphis injury lawyer, I know that it’s possible to prevent fatalities simply by making greater investments in pedestrian infrastructure, and using traffic calming techniques that can slow down traffic, and make streets safer for pedestrians. Programs like Complete Streets, which aim to ensure that road construction projects factor in the needs of all users, including pedestrians and bicyclists, can also help reduce pedestrian fatalities.

The researchers are calling for adopting a national Complete Streets policy, expanding the Safe Routes to School program and dedicating a portion of federal transportation funds to pedestrian projects.

Here’s my suggestion:

• For starters, why can’t we put in some pedestrian friendly sidewalks? It would be great if I could walk from my house to local restaurants without have to cross Poplar once to get to a sidewalk and then cross it again to come back to the same side of the street I was on previously, just to make it a few hundred yards.

• Secondly, how about some secondary routes that lead pedestrians to cool and fun areas? A prime example is the southern part of Shelby Farms. The only way for a pedestrian or biker to access the trails there is for them to cross a busy Germantown Parkway bridge. There have been several accidents and injuries from wrecks at that at that very bridge.

A better solution would be to connect Shelby Farms to the Germantown Greenway trails by building a pedestrian bridge over the Wolf River. This would alleviate the problem of pedestrians having to walk on a narrow side of a major 5-lane parkway bridge.

Come on Memphis, Germantown, Collierville and all of Shelby County – let’s start working on solutions for pedestrian safety today!

What do you think? Let me hear your ideas on how to improve pedestrian and biker safety in Memphis and Shelby County.

Physician, Heal Thyself? Memphis Police Officer Arrested for Drunk Driving

You would think that a police officer who is aware of the dangers of drunk driving would avoid such behavior like the plague.  Not so, it seems. A Memphis police officer has been arrested this week for driving under the influence and reckless driving after he caused an accident.

According to news reports, the accident occurred on highway 385 this Tuesday at about 2:50 in the morning. Major Prentiss Jolly was driving a pickup truck when he suddenly changed lanes without warning, and side swiped another car. According to police officers as they were talking to Jolly, they detected the odor of alcohol on his breath. Jolly was asked to submit to a field sobriety test, and not surprisingly refused. He was immediately arrested, and charged with driving under the influence, public intoxication and refusal to submit to a blood alcohol test and reckless driving.

Jolly has been with Memphis police since 1989. However, this doesn’t seem to have been his first brush with the law.  In 1990, he refused a breathalyzer test at a road block in Kentucky.

As a Memphis personal injury lawyer, I must confess some disappointment at Jolly’s conduct. As a member of Memphis’ finest, Jolly has no excuses for his behavior. Fortunately, no one was injured in the accident he was involved in, but every year, thousands of people are killed nationwide in drunk driving accidents caused by people too irresponsible to understand that they are a danger to everybody else on the street.

Last year, 1,035 people were killed in traffic accidents in Tennessee. Out of these, 327 fatalities occurred in accidents caused by intoxicated drivers. We expect our police officers not just to crack down on intoxicated drivers and keep them off the streets, but also to set an example for the general motoring public. Memphis car accident lawyers, who frequently come across victims of drunk driving accidents, will have no sympathy for this disgraced officer.

Memphis dog bites, What’s the law?

One of the big news stories here in Memphis at the end of last week was about a pit bull attack that occurred in Cordova.

Here’s a quick synopsis of the story, but if you’re just wanting to know the law then scroll on down.

Helen Marshall was walking her son’s husky in her Cordova neighborhood last Thursday when three pit bulls attacked both her and her son’s dog. The Commercial Appeal reported that Mrs. Marshall had to be taken to The Med where she was treated for injuries caused by over 50 bites to her arms, legs and forearms.

It’s sad, but this type of event is not unknown to the Memphis community. Just this past September a young girl was hospitalized for dog bites she received in a dog attack, and in February of 2008 a mother was bitten by pit bulls while protecting her toddler as they were walking in Memphis’ Central Gardens neighborhood.

You’re probably wondering by now, “What’s the law in Tennessee regarding dog bites?”

Tennessee addresses dog attacks and dog bites in the Tennessee Code. Section 44-8-413 states that a dog must be kept under reasonable control and kept from running at large. A dog’s owner is libel for any injuries caused by a dog while that dog is in a public place or on someone elses’ private property.

The Tennessee code also states that the owner is liable even if the dog has never shown any “dangerous propensities” before.

There are exceptions to this liability however. The dog’s owner has NO liability to the person who was bitten in any of the following situations.

1. The dog is a police or military dog and the bite happened during the dog’s official duties. (The injury has to occur to you while you are either committing, participating in, or are suspected of a crime.)
2. You are bitten while trespassing on the private, nonresidential property of the dog’s owner. (Think of a junk yard dog.)
3. You are bitten by a dog that is protecting his owner from your attack on him, or from your dog which is attacking him.
4. You were bit by a dog that was in a kennel, crate or some other type of enclosure.
5. You were bit after you enticed, disturbed, alarmed, harassed or provoked the dog.

There is also one more exception to this law.

• The owner of a dog is not liable for any damages for a bite if you are invited or guest by permission to his home, farm, or other non-commercial property unless the owner knew, or should have known of the dog’s “dangerous propensities”.

So what does that mean in the case of Mrs. Marshall and the bites she received from Andre Robinson’s three pit bulls?

Is Mr. Robinson liable for the injuries Ms. Marshall suffered and could she bring a lawsuit against him for her injuries?

Yes and Yes.

In this case Mrs. Marshall was walking her son’s dog in a public space and Mr. Robinson had allowed the dogs to run at large. It is uncontested that Mr. Robinson was the owner of the pit bulls and it is also uncontested that the pit bulls were the cause of Mrs. Marshall’s injuries.

All prerequisites are therefore met in regards to the dog owner’s liability. If Mrs. Marshall were to pursue a lawsuit against Mr. Robinson she would most likely win her case without difficulty.

If you have a question about a dog bite case or if you have been seriously hurt by someone’s “pet” give me a call or email me at James@LawFerrell.com

901-754-1340