Articles Posted in Death Cases

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Auto manufacturers must comply with a lot of Federal Motor Vehicle Safety Standards designed for the protection of the occupants inside the vehicle, but with a recent new proposal they may soon have to also design and manufacture vehicles that protect individuals outside the vehicle – bicyclists and pedestrians.   The reason for the new proposal by the National Highway Traffic Safety Administration is that cyclist and pedestrian deaths continue to increase alarmingly, up more than 75% since 2009.  A pedestrian is killed roughly every hour in this country and more than 60,000 are injured each year.  And, there are a lot of near misses.  In Tennessee, 1 in 4 drivers say they have almost hit a pedestrian. Continue reading

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This happens more than you might expect.  Each year, there are over 57 million medical office visits, and 40 million emergency room visits related to injuries.  A tremendous amount of malpractice happens during those visits.  According to John Hopkins, 795,000 patients each year will suffer serious harm from a misdiagnosis alone.  Medication errors and health care-associated infections are also leading causes of harm to patients.  Roughly, 250,000 patients will die from medical errors. So, what happens when you get injured by a vicious dog or injured in a car wreck, and then a medical professional makes a mistake that makes it worse? Continue reading

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Car accidents are still significantly higher than pre-pandemic numbers.  In fact, the United States performs poorly compared to other developed nations because our traffic injuries and deaths are increasing instead of decreasing.  The United States Department of Transportation estimates 18,720 people died in traffic-related deaths in the first 6 months of 2024.  Nearly 72 million people are driving for the Thanksgiving holiday, so now is the time to do some safety preparation and planning that includes vehicle maintenance as well as an insurance check-up amongst other things. Continue reading

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In subdivisions all around Middle Tennessee, you routinely see teenagers driving golf carts with their friends.  At lake communities, neighbors use them to get down to the water and to get to the neighborhood get-together.  In downtown Franklin, residents use them to go to dinner.  And while golf carts are fun, they can be dangerous.  And depending upon how you are using them, you could be breaking the law.   In fact, Tennessee law has different requirements depending upon the speed capabilities of the vehicle.  Read on to learn more about Tennessee law regarding golf carts and how to protect yourself if there is an accident. Continue reading

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Halloween is one week away, and October is Pedestrian Safety Month.  That is probably not a coincidence.  Of course, pedestrian safety is not just for Halloween or October.  The simple truth is that we are all pedestrians.  When you drive to Target and get out of your car to walk into the store, you are a pedestrian.  When you park in a parking garage in downtown Nashville and then cross the street to go to a Predators game, you are a pedestrian.  When you are out for a walk in your neighborhood, you are a pedestrian.

Unfortunately, we have some bad news for all of us.  Pedestrian accidents continue to rise.  In fact, pedestrian accidents are increasing faster than any other type of traffic death.   Almost every hour, a pedestrian is killed in this country and more than 67,000 are injured each year.   Read on to learn more about pedestrian accidents and how we can prevent them. Continue reading

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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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