Last year, 121 motorcycle riders were killed in Tennessee. And statistically, July is the most dangerous month for motorcycle riders. So now is the time to review steps that can be taken to help reduce the number of motorcycle accidents. Below are six ways you can help. Continue reading
Wrong-way accidents are just as the name implies: an accident caused by another driver going the wrong way on a street, highway or interstate. Wrong-way accidents are not terribly common but when they occur they typically involve a fatality because the impacts are usually head-on and severe. In fact, more than 350 people are killed each year in wrong-way accidents.
By and large, wrong-way accidents involve a driver who is impaired by alcohol. So then, it will probably not surprise you to know that you are more likely to be the victim in a wrong-way accident at night and on weekends. You are also more likely to be involved in a wrong-way accident if you are driving in the lane closest to the median. Why? Because the wrong-way driver will typically move to the far right lane thinking it is the slow lane. Since they have been drinking, they choose this lane so they do not get pulled over for speeding. Finally, older drivers are over-represented in wrong-way accidents. Aside from cracking down on drunk driving, what can be done to prevent wrong-way accidents? Continue reading
Middle Tennessee has many wonderful lakes: Center Hill, Old Hickory, Percy Priest, Normandy Lake and others. Our family’s favorite is Tims Ford where we like to spend as much time as possible out on the water.
While boating and jet skiing are fantastic recreational activities, there are a number of laws applicable to both. Let’s review 10 of the most important: Continue reading
For the past eleven summers, our family has spent as many weekends as possible on Tims Ford Lake. We enjoy swimming, water skiing, jet skiing, grilling out with friends and all of the other fun the lake has to offer. But, in those eleven years, there have been some unspeakable tragedies as a result of electrocutions.
Around the corner from us, two young boys were electrocuted and died when they jumped from their dock and into the water. The electrical work on the newly installed dock had been improperly installed allowing a live charge to enter the water. Then, just two years ago, an adult was electrocuted and died as a result of an improperly grounded dock. Both accidents were preventable. So what can you do to make your dock safe? Continue reading
While the numbers are only preliminary, the Tennessee Department of Safety has released the statistics on crash fatalities for Tennessee in 2013. The news is wonderful: traffic fatalities dropped from 1015 in 2012 to 988 in 2013. That is 27 families who did not suffer the pain and turmoil of losing a family member in a car accident.
The Commissioner for the Tennessee Department of Safety believes the improvement is related to stronger enforcement of seatbelt violations and DUI laws. State troopers issued 74,277 seat belt and child restraint citations in 2013, which is a 135.1 percent increase since 2010. Seatbelt enforcement is critical as unbelted occupants were 48.9 percent of the fatalities in 2013.
Similarly, Tennessee state troopers arrested 6,428 motorists for DUI in 2013, which is 90.4 per cent increase since 2010. In 2013, preliminary numbers reveal 211 people were killed in alcohol-related crashes in Tennessee.
Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit. However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a period of two years.
If this situation exists, the courts will presume that the surviving spouse has forfeited his or her rights to file and control the wrongful death suit and that right will go to others.
If a dispute about this occurs, the surviving spouse will have the right to be heard in court and argue that he or she is the appropriate person to file and control the lawsuit. A determination against the spouse can also affect his or her right to receive any of the proceeds of the wrongful death lawsuit itself.
Deaths on Tennessee roads increased in 2012 over a year earlier. Here is some of the key statistics as gathered by the Tennessee Department of Safety:
Is this number of deaths an anomaly? Unfortunately, it appears that they are not. The death rate for January 2013 is 6 people higher than it was in January 2012.
Don’t become a statistic. Wear a seat belt. Don’t drink and drive. Don’t text and drive. Drive defensively. Stay within the speed limit, reducing your speed in when required by traffic or weather.
The distribution of the monies received in a successful Tennessee wrongful death case is described in this post.
Funeral expenses are re-paid to the person who paid the funeral bills. (Note: the actual law on this issue is a little unclear, but this is what generally occurs.)
Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills. (Once again, there are some who take a different position on this issue, depending on who paid the bills, but this is what generally occurs.)
Suing the State of Tennessee in a personal injury or wrongful death case is different than suing a person or business in a personal injury case. Here are some of the major differences:
1. Formal notice must be given before a lawsuit is filed with the Division of Claims Administration. Failure to give written notice in the correct way will result in the loss of the right to bring a claim. Notice typically must be given within one year of the date of the incident causing injury or death, although this area of the law is very complicated. The actual deadline that applies in your case should be determined by an experienced Tennessee personal injury and wrongful death lawyer who has been made aware of all of the facts.
2. After notice is filed, the injured person must wait 90 days before taking other legal action. The State may settle or deny the claim during this 90-day period. (I have filed claims against the State of Tennessee many times over my 30+ years as a lawyer and they have never settled a claim in this 89 day period.) If the claim is not settled or denied, proper papers must be filed with the Tennessee Claims Commission.
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.
Tennessee Injury Law Center