Death Cases

November 8, 2017

The Unfair Character Assassination of Government Regulations

Government regulations are often scorned and characterized as job killers, expensive and unnecessary. To be sure, there are some odd regulations on the books that deserve some derision (I am looking at you, T.C.A. 70-4-115, the Road Kill law). But generally, government regulations are a good thing for the public. For example, government regulations (via the EPA and FDA) have stopped the pollution of our nation’s water and air and have ensured we have access to safe and uncontaminated food and drugs. Right now, there are several government regulations in the transportation industry that are being rolled back or nixed that would offer substantial protection to the public. Here are a few: Continue reading

November 2, 2017

Pedestrian Safety (Wyoming and Everywhere)

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

We went to the Grand Tetons and Yellowstone for Fall Break. While walking in downtown Jackson, we noticed flags stuck in posts at intersections. The first time we saw them we thought they were related to some work being done on the wooden sidewalks. But as we continued to walk, we noticed they were at all the intersections in the busy shopping area. We then realized what they were for: pedestrian crossings. The Jackson Hole area does not have many street lights. Presumably, the community has made a decision to limit the amount of artificial light to offer better star-gazing and protect the natural beauty of the area. So to increase pedestrian visibility, the town has installed these bright neon orange flags at intersections for pedestrians to use while walking in the crosswalk. Once safely on the other side, the pedestrian simply places the flag in the available post. (Yes, that is John in the hat and Kate waving the flag — I was taking the picture)

October 17, 2017

A Few Bad Apples

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

In any line of work, there are always a few that embarrass the rest of the profession whether you are talking about lawyers, plumbers, car salesmen, contractors, teachers, accountants, etc. Unfortunately, some of the bad apples tend to come out after injury accidents, so here is what you need to know. Continue reading

September 27, 2017

Distracted Driving and Self-Driving Boats

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

As a driving community, we recognize distracted driving is dangerous and should be illegal, yet not only do we continue to do it but we also have the nerve to think we are good at it. A recent study by Progressive Insurance Company found that a majority of drivers believe distracted driving is the number one cause of car, truck and motorcycle accidents, 1/3 of drivers are still confident in their own ability to text and drive. Want to know who thinks they are best at it? Continue reading

August 28, 2017

Put Your Cellphone Away While Crossing the Street Unless You Want To Get a Ticket

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

Some people can’t walk and chew gum at the same time, but Honolulu thinks too many people are bad at walking and texting. The city has now passed legislation which outlaws pedestrians crossing the street while texting or otherwise using their smartphones. As you might expect, the law is receiving mixed reviews. Some safety experts believe the laws will make pedestrians think twice about using their phone while crossing the street. Others believe the law is just another form of government overreach. Finally, some critics believe the law will allow distracted drivers to blame pedestrians. But one thing is for sure. . . Continue reading

July 20, 2017

Driving Under the Influence of Electronics

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

Sit at an intersection and watch the cars go by and notice how many drivers have a phone in their hand. Or, if you are a passenger in a car, watch the drivers of oncoming cars to see how many drivers are using their phones. Perhaps most frightening is to be a pedestrian and see just how many cars that are passing you are being operated by drivers using their phones. If you do any of these, the numbers below probably will not surprise you.

Roughly 3500 people are killed and nearly 400,000 are injured in car accidents involving distracted driving. 11 teens die every day because of distracted driving. A driver distracted by their cellphone is more dangerous than a driver with a BAC of .08. An accident is 23 times more likely to occur when the driver is distracted. From 2014 to 2015, there was a 32 percent increase in deaths attributed to distracted driving. And despite these statistics, drivers continue to text, take photos, surf social media and the internet and more while driving. Now, one State has decided to do something about it. Continue reading

May 18, 2017

Hit and Run Accidents: Do You Know What To Do?

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

According to a recent report in The Tennessean, Franklin police need help locating a driver who caused a deadly motorcycle accident last week on McEwen drive. According to witnesses, an unidentified Nolensville woman, age 50, changed lanes and knocked the motorcycle into a curb. The motorcyclist, who was thrown from his bike, was severely injured and later died at the scene. If you or a family member was involved in an accident with an unidentified driver who does not stop, you can still recover money for your losses if you have the right insurance and know what to do. Continue reading

May 8, 2017

Beware of the “Lawyers”

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

Recently, I have seen two instances of people posing as lawyers and engaging in unscrupulous behavior. Tennessee Attorney General Herbert Slatery is now involved in one of the cases, and criminal charges are pending against the other. So what exactly are these posers alleged to have done and what can you do to protect yourself? Continue reading

April 26, 2017

Electrical Shock Drowning and How to Prevent It

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

It is that time again. The boat and jet skis are in the water. Spring rains are bringing the lake level up to summer pool. With the warmer temperatures, the water in the lake will soon be ready for swimming. Our family will head down to Tim’s Ford Lake every chance we get. For our family and probably most others, the first ones in the water are the kids. To keep them and everyone else safe this summer from electrical shock drowning, refresh yourself on these life-saving safety tips and teach your children the ones appropriate for them: Continue reading

March 14, 2017

DUIs Are Up Across the Country. What Is Your Risk in Tennessee?

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

In 2015, more than 10,000 people lost their lives and another 200,000 were injured in drunk driving related car accidents and another 200,000 were injured. In Tennessee, despite law enforcement making over 23,000 DUI arrests, drunk driving car accidents claimed 252 lives. How does Tennessee compare to other states? Continue reading