Bus Accidents

November 19, 2016

Chester County, Tennessee School Bus Accident Exposes Legal Issues

The Chester County school bus crash in Nashville injuring 23 students (with 20 more seeking a medical evaluation) provides a good opportunity to remind our readers of one of the most unfair provisions of Tennessee law. That’s saying a lot – there are lots of unfair parts of Tennessee personal injury and wrongful death law – but this one is a biggie.

Most people think that people and companies who harm others should be held accountable for the harm they cause. But, when a local government causes harm, its accountability is very limited. Local governments (and the state and federal government) can only be sued under certain circumstances and when they can be sued special rules apply. The special rules are set forth in the Tennessee governmental tort liability act and the relevant case law. (Claims against the State of Tennessee are addressed in a separate law.)

The Chester County school bus crash shines the light on two of the special rules. Before I discuss them please know that I know nothing of the facts of the accident. I have seen the news reports, but cannot vouch for their accuracy or completeness.

May 10, 2016

Ten Tips To Help Avoid Pedestrian Accidents

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

According to the Tennessee Department of Safety and Homeland Security statistics, there were 1,579 pedestrian accidents last year. But, there were actually many more because the State’s statistics do not include pedestrian accidents that occurred on private property, which means parking lots (where lots of pedestrian accidents occur because of the unavoidable interaction between cars and pedestrians). For the first quarter of this year, there have already been 378 pedestrian accidents, so we thought we would share some tips to help avoid being a pedestrian accident statistic: Continue reading

April 25, 2016

A Driving Safety Tip You May Not Know

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

The summer driving season is just around the corner. Time for vacations, trips to summer camp and the like. Gas prices are expected to remain low. In fact, the federal government is expecting gas to be at its lowest since the summer of 2004. So, the roadways will likely be busy and, unfortunately, dangerous. Here are a few tips for making sure you and your family stay safe including one you might not know.

The Tennessee Department of Safety and Homeland Security offers licensed Tennessee drivers the ability to add emergency contacts to their driver’s license online. So, if you are involved in an accident, emergency workers can quickly contact your spouse, parents, legal representative, etc. If you are unconscious, this could save valuable time in a medical emergency as your contact could provide medical history, information on any medications you are taking, etc. In addition, not only will your loved ones be alerted to the emergency quicker but they can begin helping quicker. For instance, maybe at the time of the accident you were on your way to pick up your daughter from school, if your spouse is quickly alerted to the accident, he could get someone to your daughter promptly. The process is simple. Just go to www.dl.safety.tn.gov. The 7^th star on the page is a link for Manage Emergency Contacts. Click it, fill out the requested information and hit submit. Now, your emergency contacts are linked to your driver’s license number.
Register your vehicle and your tires with the manufacturer so that you are kept updated on any recalls. Last year, the National Highway Traffic Safety Administration oversaw a record number of recalls. If your vehicle and tires are not registered, the manufacturer cannot notify you directly. Vehicles and tires are only recalled if there is a safety defect or if they fail to comply with Federal Motor Vehicle Safety Standards. So, recalls are serious business. At www.nhtsa.gov, you can search to see if there are any recalls affecting your vehicle, tires, child safety seats, etc. You can also sign up for safety alerts.

April 11, 2016

Pedestrian Accidents Are on the Rise in Middle Tennessee

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

At The Law Offices of John Day, P.C., we are definitely seeing more accidents involving pedestrians but we are not relying on just our own anecdotal evidence for this post. The Governors Highway Safety Association (GHSA) is projecting, once all the data is in, that 2015 will have the largest year-to-year increase in pedestrian fatalities since national records have been kept. Pedestrians now account for about 15% of all motor vehicle crash-related deaths. So what is to blame for the national increase and what are the statistics for pedestrian accidents in Middle Tennessee? Continue reading

March 30, 2016

Unbelizable Facts About Driving in Belize

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

Over Spring Break, we were blessed to get to vacation in Belize. On our last day of vacation, we took a catamaran to Caye Caulker. While walking through the village, we noticed the island’s traffic laws posted on the wall. While Title 55 of the Tennessee Code dealing with motor and other vehicles has 53 Chapters, Caye Caulker on the other hand has a very limited set of regulations. Beyond requiring a license, registration and insurance, drivers are prohibited from driving on the airstrip runway, the beach, the football field and any unauthorized piers. The Tennessee Legislature might take a tip or two on brevity from the Caye Caulker Traffic Control Committee.

Some other interesting fact about driving in Belize: Continue reading

February 15, 2016

Trying To Be Cheap When Purchasing Insurance Could Cost You

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

Last week, a question was posted on Avvo (a legal Q & A site) seeking advice about what should be done following a car accident. The questioner was worried about getting sued, and the primary source of his anxiety was because he had substantial assets including investment accounts but he only had $100,000 in automotive insurance coverage. In particular, he wanted to know if he should hire his own lawyer separate and apart from any lawyer hired by his insurance company? Before I get to that, let me start with something more important. Continue reading

December 28, 2015

Still Driving Despite 17 DUIs and a Suspended License: How to Protect Yourself From Folks Like This

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

Earlier this month, a Shelbyville woman was arrested for her 17^th DUI. No, that is not a typo– seventeen DUIs. According to reports, the habitual drunk driver was arrested yet again after she crossed the center-line and crashed head-on into another vehicle injuring the other driver.

Of course, given her driving record, this woman should not have been driving and, in fact, her license was suspended. But she was nonetheless out on the roadways again and almost certainly she was not insured. Tragically, this is not an isolated occurrence. Fifty to seventy-five percent of drunk drivers will continue to drive on a suspended license. If the drunk driver does not have any insurance, where does it leave the innocent victim injured by this woman’s criminal conduct? Continue reading

December 2, 2015

Pedestrians in Wheelchairs at Much Greater Risk of Injury and Death

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

Being a pedestrian is dangerous. Each year in the United States roughly 5,000 people are killed in pedestrian accidents and another 76,000 are injured. But recent data shows the risk to pedestrians using wheelchairs is even more profound as those individuals are 36% more likely to die in an accident with a vehicle. The majority of these crashes occur while the wheelchair user is properly within the crosswalk, and about 18% of the crashes occur where no crosswalk was available. Why is this happening? Continue reading

November 5, 2015

National Drowsy Driving Prevention Week: 5 Tips For Staying Awake and Alive

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

More than 1/3 of Americans have reported following asleep at the wheel, and drowsy driving causes roughly 100,000 accidents each year, claims roughly 1,500 lives and results in 71,000 injuries. In fact, driving while sleepy can impair your performance as much as alcohol.

While drowsy driving can affect anyone, some folks are more at risk than others and include: Continue reading

October 6, 2015

Feel Free To Complain

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

Some people are natural born complainers. Like this one from Middle Class Problems on Twitter: “A pecan from my maple and pecan slice has tragically fallen into my fresh coffee. Worst day ever.” (If you have never checked out Middle Class Problems, you should.) But some of us are loathe to complain. We do not want to be perceived as demanding, obnoxious, whiny, needy, etc. Or, we don’t complain because we think it will not do any good. But from my perspective as a personal injury lawyer, there are times when it is critical to complain. Below are 5 times you should complain freely and without hesitation. Continue reading