Automobile Accidents

February 26, 2012

Wrong – Way Crashes on Interstate Highways

In 2010 over 100 wrecks occurred on Tennessee interstates because a driver was operating down the wrong side of the roadway.

There are several reasons this can occur. First, the driver of the vehicle going down the interstate the wrong way can be intoxicated by alcohol or operating under the influence of another drug. Liability may be imposed on the driver and, if the excessive consumption of alcohol contributed to the problem, those who illegally served an obviously intoxicated person may bear some responsibility.

Second, the signage at the entry point of interstate can be absent or misleading. It is not uncommon for people in road construction areas to be lead astray by poor signage or signs that are just plain wrong. Under these circumstances, those involved in the road construction project may have some responsibility for what occurred.

February 21, 2012

Can I Borrow Money From My Tennessee Car Accident Attorney?

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

I have a car accident case but am in desperate need of money right now. Can I borrow money from my attorney and pay her back out of the settlement I know I am going to receive?

It is not uncommon for people who have been injured to have financial difficulties, but in Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. This is true even if the attorney does not charge interest. (It is appropriate for the attorney to advance money for case-related expenses to help prepare your case.)

Rumor has it that some attorneys will promise potential clients that they will help them with living expenses and that some attorneys actually do it. However, this is wrong, and an attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. Loaning or giving money to clients or potential clients can result in discipline against the attorney, including the loss of his or her law license.

February 10, 2012

Deaths from Tennessee Car and Truck Accidents Decline

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

Tennessee has seen a decline in the number of deaths from car and truck accidents.

Recently released statistics reveal that the number of people killed on Tennessee roads decreased from 1032 in 2010 to 946 in 2011, a drop of almost 9%.

Traffic fatalities were down in most counties in Middle Tennessee. In fact, the only counties that saw in an increase in the number of deaths in traffic accidents were Williamson County (up 3 from 6 deaths to 9), Wilson County (up 6 deaths from 15 to 21), Rutherford County (an increase in one fatality from 20 to 21), Houston County (a significance increase – from 1 to 3); and Coffee County (deaths doubled from 8 to 16). Lawrence County reported the biggest increase in traffic deaths in terms of raw numbers, from 4 to 14. Giles County County increased from 7 deaths to 10 and Maury County increased from 10 to 14 fatalities.

February 6, 2012

Where Must A Car Accident Lawsuit Be Filed?

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

I live in Knoxville and I was in a car wreck in Nashville. The driver of the other car lives in Murfreesboro. If my case doesn’t get settled can I file a lawsuit in Knoxville?

No. Under a new Tennessee law that was effective for all lawsuits arising from injuries arising on or after October 1, 2011, this type of case must be filed where the wreck occurred or where the individual defendant resides.

Therefore, if you must file a lawsuit, you will have to file it in Nashville or in Rutherford County.

February 2, 2012

Jury Trials in Nashville, Tennessee in 2011

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

The Clerk of the Circuit Courts for Davidson County, Tennessee has released the following statistics for jury trials for 2011:

There were 10 health care liability (medical malpractice) jury trials. The health care providers won six of those cases, the patient won two, and the other two cases resulted in a hung jury.
There were 36 auto liability cases tried, 22 of those to a jury. The plaintiff won 25 of those cases. Note, however, that the word "won" means that the plaintiff recovered some amount of money – not that the amount beat the defendant’s last offer or was otherwise a reasonable amount.
There were only two jury trials in December, 2011 one of which was a health care liability case (defense verdict) and one of which was an auto case (case dismissed by judge).

Despite what one reads in the papers or hears on the news, there are relatively few jury trials. This number has steadily decreased across the entire state for many years.

February 1, 2012

14 Things to Do After A Car Accident

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

Here is a list of 14 things you can do after a car accident:

1. Do your best to remain calm.

2. Assess the scene. Do not get out of your car if it is not safe to do so.

January 30, 2012

How Can I Prove What Happened in My Wife’s Accident?

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

My wife was killed in an automobile wreck. She was alone in the car. The other driver says the wreck was her fault, but I don’t believe it. How can I prove what happened?

You need the help of an experienced automobile wreck attorney to lead an investigation into what happened.

Tennessee law provides that, because your wife is not able to testify about what happened, she is presumed to have been exercising due care at the time of the wreck. However, other testimony and evidence can make that presumption disappear.

January 25, 2012

Parent’s Right to Damages For Injury to Child in Automobile Crash

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

My son was seriously injured in a auto accident. What rights do I have as his parent in a lawsuit against the person who caused the wreck?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

January 9, 2012

Why Is My Medical History Important in a Tennessee Personal Injury Claim?

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

I am in a lawsuit over a car accident that wasn’t my fault. The insurance company wants to see my old medical records. What does my past medical treatment have to do with my car wreck case involving a broken hip?

Answer: Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.

In your particular case, the insurance company will be looking to see if you had a prior hip problem or other medical problem that affected your overall well-being or your able to work or enjoy recreational activities.

January 9, 2012

What is Uninsured Motorist Insurance Coverage?

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

What is uninsured motorist coverage?

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. Subject to certain limitations, you may recover damages under your own uninsured motorist policy if the other driver is proven to be uninsured.

Uninsured motorist coverage must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured motorist coverage unless you waived your right to have it in writing.