Articles Posted in Lawsuits Arising From Criminal Conduct

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Here is a statistic that is both tragic and embarrassing for our State: Tennessee has the 3rd most road rage shootings in the nation.  A recent study found that in 2020 three people were killed and 25 injured in roadway gun violence.  In 2021, five people were killed and 2021 injured in road rage shootings.  Of course, these numbers do not reflect the number of accidents caused by road rage or the road rage incidences that resulted in physical violence with things like bats, knifes, bear spray (yes, bear spray), vehicles and objects other than guns.  Let’s take a look at the most common causes of road rage, the civil and criminal penalties for road rage and how to avoid being a victim. Continue reading

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It is fascinating to see what some people search for on the internet.  “I want a lawyer and a sandwich” is commonly searched because of a popular line in the 2011 movie titled Blitz.  A sassy criminal suspect delivers the line in response to being placed in police custody.   Of course, most internet searches focus on more routine and basic legal issues such as “When do I need a lawyer for a car accident?” and “How do I hire a lawyer with no money?” and “Can anyone be your lawyer?”  We have rounded up some of the most common questions and answered them.  Read on. Continue reading

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Deaths related to car, truck and motorcycle accidents increased by 10.5% in 2021, the highest number of deaths on U.S. roadways in a single year since 2005.   Unfortunately, the bad news does not end there.  Pedestrian deaths increased by 13% with 7,342 pedestrians killed in a single year.  Bicyclist deaths increased by 5% with 985 bicyclists losing their lives last year.  Now for the better news, the federal government has taken two significant steps to try to reduce U.S. roadway deaths, and there are steps you can take too. Continue reading

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We all give advice. Whether you are a lawyer, teacher, parent, doctor, plumber, etc..,  at some point, someone is going to ask for your advice. But here is the thing about the advice you seek:  you do not know how good it is until you do the exact opposite.[1]

Why do people not follow advice?  Well, some folks do not really want advice.  They want permission.  They are only asking as a way of confirming what they wanted to do in the first place.  The other main reason people do not follow advice is because it is not easy.  Having the discipline to do what you know you should do can be hard i.e., exercising, saving for retirement, studying for exams, etc.   So, we thought we would give you some important legal advice that is easy to follow and, trust us, you won’t know how good it is unless you don’t follow it. Continue reading

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If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution.  If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer.  But anything beyond that, you really should, at a minimum, consult an injury lawyer.  Now let us tell you why. Continue reading

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Earlier this week, on January 26, 1838, Tennessee was the first state in the nation to pass a Prohibition law.  The law made it a misdemeanor to sell alcoholic beverages.  Interestingly, the penalty for doing so was left completely to the discretion of the court.  Whatever fine the court did impose was to be used for the support of public schools.  Prohibition officially ended in 1933 but there are still plenty of laws related to the sale and consumption of alcohol in the State of Tennessee including laws creating liability for bars, restaurants and clubs that over-serve patrons who then get into accidents or otherwise harm others.  Read on for more on this type of prohibition. Continue reading

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In California, a man has been charged with two counts of vehicular manslaughter after his car left the freeway at a high rate of speed, ran a red-light and struck another vehicle killing two people. After the accident, the National Highway Traffic Safety Administration (NHTSA) confirmed that Autopilot was in use in the Tesla at the time of the crash.   The NHTSA has categorized these types of crashes as “automation complacency”.  This raises the questions of: why are drivers being complacent and who is to blame? Continue reading

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On this day in 1904, Henry Ford set a land-speed record of 91.37 miles per hour in Michigan.  A lot has changed since then.  Ninety-one miles per hour is hardly a record.  In Nashville, you can find folks doing that speed during rush hour on Interstate 65.  But like so many of our decisions and actions, drivers that speed are not just placing themselves at risk but others on the road as well.  Do you know how many accidents were caused by speeding last year?  More importantly, how do you keep you and your loved ones safe on the roadway? Continue reading

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The first person ever arrested for drunk driving was a man named George Smith.  According to the History Channel, on September 10, 1897, Mr. Smith, a young taxi driver, got drunk and then drove his taxi into a building.  124 years and 6 days later, drunk driving continues to be a problem on roadways.   That is why The Law Offices of John Day continues to offer safe ride homes, and we are excited about our current free rideshare program with Middle Tennessee State University. Continue reading

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In Tennessee, for every 100,000 drivers, 10.19 engage in street or drag racing, and street racing is on the rise.  In some areas of our State, police calls about street racing have more than doubled in two years.  For example, in Memphis, in 2018, there were 843 calls about drag racing in 2018.  In 2020, reported incidences of drag racing had jumped to 1,973. The Tennessee Legislature has recently enacted new legislation to combat this dangerous practice and we have some tips on what you can do. Continue reading

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