Automobile Accidents

April 27, 2015

Is The Other Driver’s Traffic Citation Admissible In My Injury Case?

Here is the scenario: You are lawfully passing through an intersection when you are struck by another vehicle that ran the red light. Police respond to the scene and investigate the accident. After talking to witnesses, the police issue the other driver a citation for running the red light. Because you were injured in the wreck, you hire a lawyer (hopefully us) to file a lawsuit for your damages. As part of that litigation, you want to know if the citation is admissible to help prove your case.

So what is the answer? It depends. Sorry, we know folks hate those kind of answers but here is why we say that. A traffic citation is sort of like being arrested – it is not proof of anything unless there is a finding of guilt. So if the other driver’s traffic citation is tried and he either pleads guilty or is found guilty of running the red light, then the finding or conviction may be used in the civil case. But what if there is not a guilty plea or guilty finding?

April 23, 2015

New State Legislation for Uber, Lyft and Other Ride-Sharing Companies

by The Law Offices of John Day, P.C.

SB 0907/HB 0992 seeks to establish requirements for transportation network companies (TNC). The bill defines a TNC as a business that operates suing a digital network to connect drivers and customers/passengers for prearranged rides. Taxi services, shuttle services, limousine services and other private passenger services are not subject to the bill.

The bill has several positive features for Tennessee consumers. Below is a summary of some of the key provisions:

April 17, 2015

Distracted Driving: You Shouldn’t Walk and Chew Gum at the Same Time

by The Law Offices of John Day, P.C.

April is National Distracted Driving Awareness Month. While texting and driving gets a lot of attention (and for good reason), there are many forms of distracted driving, just as many laws that relate to it and, the good news, plenty of strategies for preventing it. Let’s review, shall we?

The Centers for Disease Control and Prevention categorize distracted driving into three forms: visual (taking your eyes off the road), cognitive (letting your mind wander from the task of driving) and manual (taking your hands off the steering wheel). Some of the more common forms of distracted driving are texting while driving, eating while driving, using a navigation system, putting on make-up and daydreaming.

April 15, 2015

Higher Speed Limits Present Hidden Danger

by The Law Offices of John Day, P.C.

Fourteen states now have a speed limit between 75 and 85 mph, and these higher speed limits present several problems when it comes to tractor-trailers and other big trucks. Of course, the faster you are going, the quicker your reaction time must be. In addition, higher speeds and the increased weight of trucks mean they need a greater stopping distance. But, while those problems may seem fairly obvious, there is also a hidden danger associated with higher speed limits.

April 8, 2015

Is It Harder to Give Good Advice or Take It?

by The Law Offices of John Day, P.C.

Deep down, whether we like to admit it or not, we all want to be told what we want to hear:

Yes, we can get you a million dollars for your injuries. Don’t worry, the litigation process is quick and easy. No, the other side will never try to blame you. Of course, those pants make you look skinny.

And believe me, when I tell you, we would love to dispense such easy, breezy news to every one of our clients. But, we can’t. Sometimes, there is not enough insurance to fully compensate our clients for their losses. Sometimes, the other side wants to make life difficult, drag things out and blame the victim. Other times, the venue for the case is not ideal or is in a court that is not particularly efficient.

April 2, 2015

The Most Fatal Form of Distracted Driving

by The Law Offices of John Day, P.C.

Yesterday, we started the discussion for National Distracted Driving Awareness Month with some of the crazier forms of distracted driving (using the bathroom, taking selfies, curling eyelashes, putting in contacts, etc.) But today, the focus is on the most fatal form of distracted driving. I think the answer will surprise you. Most people, including me, would likely guess that texting is the most fatal form of distracted driving. And while texting and driving is indeed very common and very dangerous, it does not hold the top spot.

April 1, 2015

You were doing WHAT at the time of the accident?

by The Law Offices of John Day, P.C.

To kick off National Distracted Driving Awareness Month, we thought we would review some of the crazy stuff people are doing behind the wheel. In a recent survey, drivers from across the country admitted to an array of distracted driving behaviors including:

Combing/brushing hair

Romantic encounters/PDA

March 30, 2015

Church Van Wreck Raises Lots of Questions

by The Law Offices of John Day, P.C.

Earlier today, a 15 passenger van wrecked in Florida killing eight people on board and critically injuring five others. This crash like most other cases involving passenger vans will have a number of key issues including:

Were the occupants wearing their seatbelt? It has already been reported that a 4 year old child was not in a car seat. We also know 18 people were in a 15 passenger van so at a minimum 3 of them were not wearing their seatbelt. In serious accidents, especially frontal crashes, the components of the seatbelt system will have “witness marks” on them if the occupant was wearing a seatbelt. The D-ring, the webbing of the belt and latch will also show signs of load caused by a combination of the accident forces and the occupant’s body weight. While the failure to wear a seatbelt is not admissible in the typical motor vehicle accident claim, it is admissible in a product liability claim.
Were there any mechanical issues with the vehicle or its tires? One of the accident victims has reportedly indicated the driver did not notice a curve in the road and then could not stop in time. So obviously the braking system will be analyzed and likely the tires too. As explained here, churches often fail to adequately maintain their tires.

February 26, 2015

How To Protect You and Your Family When Renting A Car

by The Law Offices of John Day, P.C.

The past year was a record year for vehicle recalls with over 62 million vehicles recalled. In the General Motors ignition switch recall alone, there have been 4,345 claims made including 479 death claims and 292 “Category One” claims which require an injury involving permanent brain damage, paraplegia, quadriplegia, severe burns or double amputation. The remaining 3,574 “Category Two” claims involve injuries that required a hospital visit within 48 hours after the accident.

If you are the registered owner of a recalled vehicle, then the manufacturer, with oversight by the National Highway Traffic Safety Administration, will notify you that your vehicle contains a safety defect and provide instructions on how to get it repaired. But what about when you rent a vehicle? How are you supposed to know if all recalls have been addressed before you put yourself, your friends or your family in the vehicle?

Here is an easy solution to the dilemma: before you accept the car the rental car company assigns to you, quickly run the Vehicle Identification Number (VIN) on www.vinrcl.safercar.gov/vin/. If there are open recalls on the vehicle, alert the rental car agency to the problem and ask for a different vehicle. Typically, you will find the VIN in several places including: the driver’s side dash by the bottom of the front windshield (this location is easier to read outside the vehicle), the engine block, underneath the spare tire and the driver’s side door post (open the driver’s side door for this location).

February 25, 2015

Ten Things You Can Do to Help EMS Workers

by The Law Offices of John Day, P.C.

According to the National Highway Traffic Safety Administration, EMS workers will respond to roughly 37 million emergency calls in a given year, and they will treat and transport approximately 28 million people. Emergency medical personnel must quickly assess the accident scene and victim, determine and provide what the patient needs and record their assessments, care and the patient’s response. Victims and bystanders can help make the job of EMS workers easier and more efficient by following the steps below:

1. Stay calm.

2. Provide as much information as possible about the accident scene location using mile markers, intersecting roads, landmarks.