Automobile Accidents

June 16, 2010

Truck Wrecks in Tennessee

I was hurt in a truck wreck, and someone told me that truck drivers and trucking companies have special rules to follow. Is that true?

Yes. In addition to the normal rules of the road (stopping a stop signs, driving the speed limit, etc.) truck drivers and trucking companies have a large number of federal regulations and state laws that they must follow. These special laws are designed to make our highways more safe.

To learn more about this subject, read our Legal Guide called "Understanding Truck Wrecks in Tennessee."

June 9, 2010

Should I Settle My Case on My Own?

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

I was hurt in a car wreck last year. I having been talking with the other driver’s insurance company and they tell me that they are going to make me a settlement offer. How much time do I have to file a lawsuit in the event I don’t get the case settled on my own?

In Tennessee you ordinarily have one year from the date of a car or truck accident to file suit against the responsible parties. Do not assume you have more time unless a lawyer familiar with all of the facts advises you that you have more than one year. Failure to file suit on time will result in a loss of your rights.

However, you should not wait until the eve of the one-year deadline to contact a lawyer. A lawyer needs time to conduct an investigation and do the paperwork necessary to file a lawsuit.

June 8, 2010

Hiring a Lawyer for an Out-of-State Accident

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

I was in Chicago and riding in a taxicab that got hit by another driver from Chicago. I spent four days in the hospital in Chicago and have been continuing to see a doctor in Tennessee. What rights do I have? Do I have to go to Chicago to hold the people who hit me responsible?

People in other states have to follow the same basic rules as drivers in Tennessee, and they are responsible for the harm they cause if they are negligent in the operation of their vehicle.

However, usually a lawsuit for such claims must be brought in the place where the accident occurred or where the other driver resides. (There are some exceptions to this rule – an experienced personal injury lawyer can tell you if the driver or the driver’s employer can be sued in Tennessee.)

May 29, 2010

How to Persuade My Kids to Stop Texting While Driving?

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

My daughter refuses to stop texting while she is driving. I know it is unsafe, but she won’t stop. What do I do?

I was listening to the Kim Komando show recently and she identified some great software packages for cell phones that could prevent a teenager (or anyone else) from receiving or sending texts or call while a vehicle was moving. .

The life you save could be your daughter’s.

May 27, 2010

Average Verdicts in Tennessee Car Accident Cases

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

I got hurt in a car wreck. What is the average jury verdict in car wreck cases in Tennessee?

I can give you that number, but it is meaningless.

Why do I say that? Assume there were just two car wreck verdicts in Tennessee in 2009. One was a case where the person who filed suit had no treatment in the emergency room, $3000 in chiropractic treatment, and a history of prior neck and back pain. Assume that the verdict in that case was $3500.

April 9, 2010

Understanding Truck Wrecks in Tennessee

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

1. What are the responsibilities of truck and bus drivers?

Answer: Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road. In addition to these general rules, there are special safety laws that also cover most commercial drivers.

First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.

April 9, 2010

Understanding Automobile Wreck Cases

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

1. What duties do drivers owe to other people on the road?

Answer: Drivers owe other persons upon the roadway a duty to use reasonable and due care in the operation of their vehicles so as to avoid injury to other persons using the roadway. This includes keeping a proper lookout, maintain proper control of the vehicle, turning appropriately, stopping appropriately, and maintaining an appropriate speed. A driver also has a duty to follow state laws and local ordinances in operation of their vehicle. One example of a state law that drivers must follow is that it is illegal to operate a vehicle under the influence of alcohol or other drugs.

Common carriers (those that carry passengers for hire, such as buses and taxi cabs) are held to a higher standard of care. They must exercise the highest degree of care for their passengers’ safety.