Truck Accidents

April 27, 2015

Is The Other Driver’s Traffic Citation Admissible In My Injury Case?

Here is the scenario: You are lawfully passing through an intersection when you are struck by another vehicle that ran the red light. Police respond to the scene and investigate the accident. After talking to witnesses, the police issue the other driver a citation for running the red light. Because you were injured in the wreck, you hire a lawyer (hopefully us) to file a lawsuit for your damages. As part of that litigation, you want to know if the citation is admissible to help prove your case.

So what is the answer? It depends. Sorry, we know folks hate those kind of answers but here is why we say that. A traffic citation is sort of like being arrested – it is not proof of anything unless there is a finding of guilt. So if the other driver’s traffic citation is tried and he either pleads guilty or is found guilty of running the red light, then the finding or conviction may be used in the civil case. But what if there is not a guilty plea or guilty finding?

April 17, 2015

Distracted Driving: You Shouldn’t Walk and Chew Gum at the Same Time

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

April is National Distracted Driving Awareness Month. While texting and driving gets a lot of attention (and for good reason), there are many forms of distracted driving, just as many laws that relate to it and, the good news, plenty of strategies for preventing it. Let’s review, shall we?

The Centers for Disease Control and Prevention categorize distracted driving into three forms: visual (taking your eyes off the road), cognitive (letting your mind wander from the task of driving) and manual (taking your hands off the steering wheel). Some of the more common forms of distracted driving are texting while driving, eating while driving, using a navigation system, putting on make-up and daydreaming.

April 15, 2015

Higher Speed Limits Present Hidden Danger

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

Fourteen states now have a speed limit between 75 and 85 mph, and these higher speed limits present several problems when it comes to tractor-trailers and other big trucks. Of course, the faster you are going, the quicker your reaction time must be. In addition, higher speeds and the increased weight of trucks mean they need a greater stopping distance. But, while those problems may seem fairly obvious, there is also a hidden danger associated with higher speed limits.

July 15, 2014

Fight Underway Over Trucking Regulations Designed to Prevent Fatigued Truck Drivers From Being on the Road

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

You may have heard about the trucking accident that seriously injured actor and comedian Tracy Morgan and killed comedian Jimmy McNair. The truck driver who crashed into their limousine van is alleged to have been sleepless for 24 hours before the crash. Fatigued drivers are less attentive and often fall asleep so federal regulations are in place to prevent this type of reckless conduct and protect the motoring public. But, a fight is now underway in Congress on just how tough those regulations should be.

In fact, just days before the Tracy Morgan accident, the Senate Appropriations Committee passed an amendment which would suspend the regulation which requires truckers to take an extended break from driving after reaching weekly limits. Under current regulations, if the driver has driven 70 hours over 8 days or 60 hours over 7 days, there is a mandatory restart requirement which provides the driver must take 34 hours off. But, a group of senators including Cory Booker, Dianne Feinstein, Charles Schumer, Elizabeth Warren and others think these regulations save lives and have introduced an amendment which would keep these important safety regulations in place.

According to the senators involved in the amendment, the number of deaths caused by truck accidents nationwide has increased 16 percent since 2009 and the number of injuries has increased by 40%. On average, more than 4,000 people lose their lives and another 100,000 are injured in truck crashes. In Tennessee, in 2013 alone, the big four counties of Davidson, Knox, Hamilton and Shelby saw over 4,000 large truck crashes. Given these statistics, we find it hard to believe that anyone would suggest the regulations should be weakened.

July 6, 2014

Another Cause of Impaired Driving: Hypothyroidism

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

We all know that drinking and driving is dangerous. The same is true about driving while under the influence of certain drugs including prescription medications. But, most people are not aware that certain medical conditions can impair driving ability. For instance, individuals diagnosed with epilepsy need to have their seizures well-controlled and meet certain criteria before they can be medically cleared for driving. Likewise, diabetics must carefully monitor their blood sugar or they can present a serious risk on the roadways. (In fact, one of our lawyers has successfully secured a seven-figure settlement in a car accident caused by a diabetic blackout.) And now, we are learning that individuals with significant hypothyroidism can experience impaired driving similar to that of a driver under the influence of alcohol.

Hypothyroidism is a condition in which an individual produces insufficient amounts of the thyroid hormone. The condition is fairly common and it can impair a number of bodily functions including brain function. According to a study recently released by the International Society of Endocrinology, untreated hypothyroid patients placed in a driving simulator performed similar to drivers with blood alcohol concentrations above the legal limits. Like any other medical condition, hypothyroid patients should talk to their doctor and ensure they are receiving appropriate medicine to combat the deficient levels of thyroid hormone so they do not present a risk on the roadways.

If you or a loved one has been injured in a car accident and would like to discuss your case for free and without obligation, contact one of our award-winning lawyers at 615-742-4880 or toll-free at 866-812-8787 or fill out this online form and we will be happy to call you. We handle all Tennessee car accident cases on a contingency basis which means we only get paid if we win. And unlike some lawyers, we advance all case expenses so you are never out of pocket any money to pursue your rights.

May 5, 2014

Speed Limiters and Big Trucks: A New Law Is Coming Down the Road

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

Interstates 40, 65, 75, 24, and 81 cross through Tennessee, and Interstates 40, 65 and 24 run right through the heart of Nashville. Thousands and thousands of tractor-trailer rigs pass over these highways every day, and most of the operators follow act responsibly and obey the laws that govern the operation of these large vehicles.

Speeding can significantly influence the safe operation of a tractor-trailer. The first and most obvious factor is that high speed decreases a truck driver’s ability to react to a situation on the roadway. But, high speeds can also affect handling, stopping distances, the ability to safely deal with a tire blowout, etc. According to the Insurance Institute for Highway Safety, approximately 3,413 people die each year in trucking accidents. Because tractor-trailers can weigh 30 times more than passenger vehicles, not surprisingly, most of the deaths were occupants in the other vehicle.

In an effort to reduce the number of deaths in tractor-trailer and other big truck accidents, the Department of Transportation is scheduled to require all such trucks to use speed limiters by October of this year. The speed limiters or electronic governors would be set in the vehicle’s ECM or electronic control module. Notably, some trucking companies already use these speed limiters on their vehicles in an effort to reduce speeding by their drivers. The current proposal would set a speed limit of 68 mph on tractor-trailers and other heavy trucks.

April 8, 2014

New Hope for Patients with Paralysis

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

In the United States, over 6 million Americans suffer with paralysis. Some of the injuries were induced by traumatic spinal cord injuries. Others were the result of medical conditions such as stroke or medical malpractice in the form of birth injuries and otherwise.

But, there is new hope in the form of implanted electrical devices. The devices are implanted under the skin of the abdomen and electrodes are then placed at the patient’s spinal cord. Then, the device sends electrical impulses to the spinal cord which basically reboots the neurons and retrains the nerves.

In a recent study, four patients who were all left paralyzed from car accidents and motorcycle accidents have been able to retrain their damaged nerves allowing them to voluntarily move their affected limbs. While none of the patients have learned to walk again, one of them has been able to stand for as long as 27 minutes.

March 18, 2014

Punitive Damages for Texting and Driving

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

In California, an appellate court is being asked to consider whether a texting driver can be held liable for punitive damages. Punitive damages are intended to punish the wrongdoer and, hopefully, deter others from engaging in the same harmful conduct. In the texting while driving context, the argument is that by texting while operating a vehicle, the driver “consciously disregarded” the safety of others on the roadway. The same argument is used in drunk driving cases.

While texting and driving is definitely illegal in Tennessee, this issue of whether a driver who was texting and driving can be held liable for punitive damages has not yet been decided by Tennessee courts. Of course, proving the driver was texting will often be an issue. In the California case, a witness testified the driver had been testing for a while and had swerved in and out of lanes before finally losing control and injuring someone. And of course, if there is reason to suspect the driver was texting, a subpoena can be issued for the drivers’ phone records.

Please do not text and drive. It could cost a life – maybe your own. If you or a loved one has been injured in a car accident, contact one of our award-winning lawyers for a free, no-obligation consultation. Call us any time at 615-742-4880 or toll-free at 866-812-8787. For information about fees, click here.

January 31, 2014

Driving While Drowsy – Dangerous and Deadly

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

According to the National Highway Traffic Safety Administration, more than 100,000 police-reported accidents each year are directly attributable to driver fatigue. And this figure is almost certainly low because some states do not have coding for fatigue or driver fell asleep and if fatigue is combined with another factor, such as alcohol use, it does not get coded at all, etc. Unbelievably, 41% of drivers have reported actually falling asleep at the wheel, and one in every six fatal car crashes is related to a drowsy driver.

While anyone who is sleep-deprived is at risk for a crash, certain groups are at higher risk. Those groups include: (1) drivers who suffer with untreated sleep apnea syndrome; (2) shift workers who work at night or irregular hours; (3) young drivers (ages 16 to 29) especially males. And, as this trucker will tell you, truck drivers definitely work at night and keep irregular hours. So it is not surprising that the Large Truck Crash Causation Study found that 13 percent of Commercial Motor Vehicle drivers were fatigued at the time of a crash.

Some drivers will try to combat fatigue by drinking caffeine, rolling the window down, turning up the radio or other tricks. But, the U.S. Department of Transportation warns that such tricks are not an alternative for rest and can actually produce a false sense of security.

December 9, 2013

The Roads Were Icy; A Deer Jumped Into My Path; I Had A Diabetic Reaction — The Defense Of Sudden Emergency In A Car Accident Case

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

Let’s start this discussion with how the law handles sudden emergencies. Tennessee law recognizes that a driver faced with an unexpected or sudden emergency which calls for immediate action is unlikely to exercise the same good judgment as a driver who is operating his vehicle under normal circumstances. In the past, a sudden emergency could constitute a complete defense to an injury claim. However, under current Tennessee law, a sudden emergency is just another factor for the judge or jury to consider when determining if the defendant was at-fault for the car accident.

So with that in mind, let’s look at some of the examples above. Icy roads might constitute a sudden emergency, but a judge or jury is less likely to excuse the defendant if he or she was driving too fast for the road conditions. Or, if the defendant driver was texting and driving and failed to brake until the last minute and then slid on ice, the defense is not going to be of much help to the defendant. Many of the same considerations apply to the situation where a deer suddenly appears in your path.

In the diabetic reaction example, to decide whether the sudden emergency defense might apply, we would want to know how long the defendant had been diagnosed with diabetes and therefore how experienced he or she was in managing his blood sugar. We would also want to know what the defendant ate and drank that day, what physical activity the defendant had engaged in, did the defendant take their insulin, what the defendant’s blood sugar readings had been in the days leading up to the accident, etc. If the evidence demonstrates the defendant had failed to properly manage his diabetes, then the defense of sudden emergency is less likely to be successful.