Truck Accidents

October 30, 2024

Car Accidents and Admissible Evidence

This image shows what happens if you are involved in a car accident and your front airbag deploys with your feet on the dash. Ouch! The result is ugly: two femoral hip fractures which are serious and painful and will require surgery to repair followed by a 4 to 6 month recovery period. The owner’s manual of every vehicle with airbags warns of this danger. Assuming the accident was the fault of someone else, can you still recover compensation for your injuries in such an accident if you failed to heed the airbag warnings and that failure caused your injuries in the accident to be worse? Continue reading

July 29, 2024

Would You Settle for Less?

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

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:

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.

May 2, 2024

New Developments in Safety Technology and Car Accidents

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

In the past several years, car accidents have been on the rise. In fact, according to the most current data, deadly car accidents have increased by 16% throughout the United States. Automakers and safety regulators at The National Highway Traffic Administration (NHTSA) are keen to use new technology to try and help reverse that trend with the implementation self-driving tractor-trailers and automatic emergency braking systems. But others are concerned about the safety of the technology and its overall effectiveness. Continue reading

February 26, 2024

What Is a Release of All Claims?

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

For Valentine’s Day, I received a gift card for a spa. When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims. Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible. There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated. Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities. As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

February 19, 2024

What to Do After a Bicycle Accident

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

The most common cause of a bike accident is collision with a car or truck. Not surprisingly, given the disparity in weight and protection between a bicycle and car, the bicyclist typically suffers serious injuries. Most bicycle accidents occur in urban areas and are caused by a car or truck driver failing to yield. According to the Department of Safety, there were 370 bicycle accidents in Tennessee in the most recent data year. So, if you are a bicyclist, do you know what to do after a bike accident? Do you know what insurance covers a bicycle accident? Do you know how to make a claim for a bike accident? And do you know how long it is going to take to recover from a bike accident? Continue reading

January 10, 2024

Tennessee 7th Worst in the Nation for Truck Accidents

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

Last week, we told you that Tennessee ranked as the 7^th worst in the nation for car accidents and how to protect yourself with uninsured/underinsured motorist coverage. Unfortunately, Tennessee also ranks 7^th worse in the nation for accidents involving trucks, so this week we have advice for you in the event you are injured by a large truck. Continue reading

November 3, 2023

Don’t Be Cute

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

Litigation is fighting with rules, confrontation with a referee. Most people do not enjoy confrontation, and for others, it brings out their worst. If you are involved in litigation or have a claim that may result in litigation, please take our advice: don’t get cute. A few news articles lately have shown what happens when people try to get cute during litigation. Continue reading

April 28, 2023

Distracted Driving and Traffic Deaths Are Increasing

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

Drivers are using their cellphones during 58% of trips taken, an 8% increase from just 3 years ago. Just as alarming, the amount of time drivers are interacting with their phones while driving increase by 23% during that same time period. In 2020, drivers would interact with their phone while driving for 1 minute and 47 seconds. A recent report indicates that has now increased to 2 minutes and 12 seconds. Not surprisingly, all of this distracted driving is literally killing people. Accidents involving cars, bicycles and pedestrians are all up because distracted drivers are 2.4 times more likely to cause a crash. Read on for more scary statistics and tips to protect yourself. Continue reading

February 28, 2023

The South: A Dangerous Place to Drive

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

Perhaps, too many of us watched an excessive number of Smoky & The Bandit reruns or thought Ricky Bobby of Talladega Nights should be used for driving inspiration. We don’t know the cause, but we do know this: the South is a dangerous place to drive. In fact, according to recently released federal statistics, 8 of the top 11 most dangerous places to drive are “southern states”, as that term is defined by the U.S. Census as opposed to the teams currently comprising The SEC. Read on to learn where Tennessee is ranked and our number one piece of advice on protecting yourself. Continue reading

January 26, 2023

Scary Statistics on Car Accidents and How to Protect Yourself

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

The National Highway Traffic Safety Administration (NHTSA) recently released its report on accidents involving cars, trucks, pedestrians and cyclists for 2021 (the most recently analyzed data) and the numbers are alarming. So, let’s just get right to them. More Americans were killed on our roadways in 2021 than any year since 2005 – 42,915 people lost their lives. Another 4.5 million people were injured and 23 million vehicles were damaged. 7,342 pedestrians were killed in 2021, the biggest number since 1981. 985 cyclists were killed, the biggest number since 1980. What is causing this increase in car, pedestrian and bicyclists accidents? What are the financial costs? And how can you protect yourself from this growing trend? Continue reading