Due Care Law

Bike Walk Tennessee has joined with the family of Jerry Norman, Sr, 74 who was hit and killed by Charles Mays who alledgedly fell asleep while driving are asking the Tennessee General Assembly to create a new law that would allow prosecution. The driver has not been charged because under current Tennessee law, falling asleep behind the wheel is not illegal, even if it results in someone's death.

http://www.wkrn.com/story/13304578/family-looks-to-prosecute-drowsy-drivers?redirected=true

A charge of vehicular homicide in Tennessee requires one for four circumstances:

- Intoxication by alcohol or drugs,

- Reckless conduct with willful intent,

- Drag racing, or

- Killing a construction worker in a construction zone.

Even though the driver could be at fault, falling asleep and killing someone is not a crime. New Jesey has the only law, known as Maggie's Law, that prosecutes drowsy drivers. Maggie McDonald was a college student hit who was killed by a driver who fell asleep.

In February Bike Walk Tennessee obtained the support of Rep. Mike Stewart and Sen Andy Berke to introduce HB 1007/SB1171.

Related Stories:

- May 22, 2011: States Move to Make Biking Safer

- May 19, 2011: Memphis Man Receives $25 Fine for Striking Jogger

- May 01, 2011: Bill Would Boost Safety for Cyclists

June 30, 2010: Man hit, killed by truck leaves behind legacy

June 29, 2010: Pedestrian struck by truck, killed in Hermitage

OLD

Section 55-8-136

(b) Notwithstanding any speed limit or zone in effect at the time, or right of way rules that may be applicable, every driver of a motor vehicle shall exercise due care to avoid colliding with any other motor vehicle, either being driven or legally parked, upon any roadway, or any road sign, guard rail or any fixed object legally placed within or beside the roadway right of way, by operating the motor vehicle at a safe speed, by maintaining a safe lookout, by keeping the motor vehicle under proper control and by devoting full time and attention to operating the motor vehicle, under the existing circumstances to avoid endangering life, limb or property.

NEW (As Proposed by HB1007/SB1171)

Section 55-8-136

(b) Notwithstanding any speed limit or zone in effect at the time, or right of way rules that may be applicable, every driver of a vehicle shall exercise due care by operating the vehicle at a safe speed, by main-taining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right of way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm.

Section 55-8-197. Failure to yield right of way. —

(a) Any person who violates subdivisions (a)(1)-(3) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor:

(1) Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202;

(2) Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections; or

(3) Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right of way as provided in those sections.

[For sections (b) through (e) see NEW]

Section 55-8-197. Failure to yield right of way. —

(a) Any person who violates subdivisions (a)(1)-(6) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor:

(1) Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202;

(2) Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections; or

(3) Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right of way as provided in those sections.

(4) Section 55-8-134, by failing to yield the right of way to pedestrians in crosswalks as provided in the section;

(5) Section 55-8-136, by failing to exercise due care as provided in this section; or

(6) Section 55-8-175(c), by failing to overtake and pass a bicycle safely as provided in the subsection; or

(b) For the purposes of this section, unless the context otherwise requires, “serious bodily injury” means:

(1) Substantial risk of death;

(2) Serious disfigurement; or

(3) Protracted loss or impairment of the function of any bodily member, organ or mental faculty.

(c) (1) A violation of subsection (a) is a Class B misdemeanor punishable by a fine of two hundred and fifty dollars ($250) if the accident results in serious bodily injury of another.

(2) A violation of subsection (a) is a Class A misdemeanor punishable by a fine of five hundred dollars ($500) if the accident results in the death of another.

(d) The court shall send the department a record of any of the convictions of any of the sections indicated in subsection (a). The court shall indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another.

(e) Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted under this section for a period of up to six (6) months, if the accident results in serious bodily injury of another, and up to one (1) year if the accident results in death of another.