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Middle Tennessee public and private schools are now back in full swing for the new school year.  That means students biking and walking to school as well as children boarding and exiting school buses.  Drivers have special obligations towards pedestrians, bikers and around school buses.  Would you receive a passing grade if quizzed on these rules?  Continue reading

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The college football season is almost here, and The Law Offices of John Day is excited to announce that once again it will offer Middle Tennessee State University Blue Raiders fans discounted Lyft rides home after the game.  Read on to learn how to take advantage of this offer and why you should. Continue reading

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Let’s start with who is officially Gen Z.  Individuals born between 1997 and 2012 are considered Gen Z.   The adult members of Gen Z range from 18 years old to 27 years old.  .

As these Gen Z adults leave the nest (hopefully) and make their way into the world, they need to understand terms like “deductible”, but only 27% of them do.  Specifically, as to auto insurance, 22% of Gen Z adults have “little or no awareness” of the importance of auto insurance”.  This is especially frightening because this age group also happens to be the most likely to be in an auto accident.  Read on for one of the most important auto insurance tips for everyone, not just Gen Z. Continue reading

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Part of our job is to attempt to keep up with what our opponents (the insurance industry and their lawyers) are thinking and doing.  One of the many ways we try to do that is by reading insurance industry publications such as Claims Journal.  In a recent Claims Journal article, the author interviewed Harish Kapur, CEO of Across America Insurance Services.  Mr. Kapur’s comments are nothing new to us, but they are a good reminder to anyone who is considering filing a personal injury or wrongful death claim.  Here are three key take-aways:

  1. The insurance companies handle injury claims all day-every day, while this is hopefully your one and only injury claim.

Mr. Kapur bragged about his “crack team of in-house adjusters” and how they “have to know everything about the file.”   The insurance adjusters know what information is critical.  They know how to ask questions and frame the narrative during a recorded statement.  They are trained how to interview witnesses and scour the internet for information on you.

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The 4th of July is almost here and the majority of people have some type of plans to celebrate Independence Day.  Of course, those plans do not include a car accident, but because folks are heading to the mountains, the lake, a friend’s backyard BBQ or to watch a parade, etc., the roadways are expected to be very busy and dangerous.  In fact, while the 4th of July is usually the peak of summer travel, this year is expected to be a recording setting weekend.   Based on statistics from prior years, The National Safety Council estimates 599 people will lose their lives in car accidents over the 4th of July holiday and another 68,000 will be injured.   Here are some tips for staying safe on the roads this holiday and living to enjoy the 5th of July.  Continue reading

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It is hot and humid outside, in other words, it is a Tennessee summer. Many Tennesseans are trying to beat the heat with a trip to their local lake or river.  But before you head out, there are some things you should know.   The 2023 Tennessee Boating Incident Statistical Report has been released and boating accidents have increased.   Read on to learn which bodies of water had the most incidences and fatalities, what day and times are the most dangerous and about Boating Under the Influence laws and penalties.  Continue reading

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In the past several years, car accidents have been on the rise.  In fact, according to the most current data, deadly car accidents have increased by 16% throughout the United States.  Automakers and safety regulators at The National Highway Traffic Administration (NHTSA) are keen to use new technology to try and help reverse that trend with the implementation self-driving tractor-trailers and automatic emergency braking systems.  But others are concerned about the safety of the technology and its overall effectiveness. Continue reading

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Dogs are often referred to as “man’s best friend”.  Apparently, the expression has its origins from an 1870 trial in Missouri, Burden v. Hornsby.   Lawyer and senator, George Vest represented a man whose dog, Old Drum, had been shot by a neighbor for allegedly killing the neighbor’s sheep.  In his closing arguments, while eulogizing Old Drum, Vest suggested the idea that a dog is man’s best friend.*   But unfortunately, that is not always true.  In fact, the number of dog bites and dog attacks is increasing.   Read on for the surprising statistics and how to prevent dog bites and attacks. Continue reading

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For Valentine’s Day, I received a gift card for a spa.  When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims.  Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible.  There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated.  Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities.  As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

 

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The most common cause of a bike accident is collision with a car or truck.  Not surprisingly, given the disparity in weight and protection between a bicycle and car, the bicyclist typically suffers serious injuries.   Most bicycle accidents occur in urban areas and are caused by a car or truck driver failing to yield.  According to the Department of Safety, there were 370 bicycle accidents in Tennessee in the most recent data year.  So, if you are a bicyclist, do you know what to do after a bike accident?  Do you know what insurance covers a bicycle accident?  Do you know how to make a claim for a bike accident?   And do you know how long it is going to take to recover from a bike accident? Continue reading

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