Truck Accidents

May 29, 2015

Whipped Cream: Bad for the Hips and Your Criminal Record

Last week, a Franklin woman drove her Lexus SUV into a ditch. After she managed to get her vehicle out of the ditch, she proceeded along Battle Avenue until she crashed into a brick mailbox. When police arrived on the scene, they found the driver disoriented. Upon searching her vehicle, they found 13 cans of nearly empty whipped cream. According to reports, the driver had been huffing the aerosol in the whipped cream cans in order to get high.

Of course, a natural reaction upon hearing this story is to titter and then crack all sorts of wise comments. But, we need to remember that impaired driving is impaired driving. It really does not matter whether you impairment stems from alcohol, prescription drugs, street drugs, whipped cream or something else. If you are impaired, you should not be driving. Fortunately, for this woman, she did not hurt anyone else or herself. So how common is this problem? Continue reading

May 18, 2015

Preventing Wrong-Way Accidents

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

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

April 29, 2015

I Was Not Wearing My Seatbelt At The Time of the Wreck. Will That Hurt My Case?

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

It depends upon the type of claim you have. If you have been injured in a car wreck, you may have multiple claims. Of course, you have a claim against the other driver who caused the accident. But, you may also have a claim against your own insurance carrier if the other driver was not insured or not adequately insured to compensate you for all your damages. If the other driver had been drinking before the accident, you may have a liquor liability claim if the other driver was overserved at a restaurant or bar. If your vehicle failed to perform as designed in the accident, such as the airbags failed to deploy, you may have a product liability claim against the automaker. If the accident happened in a construction zone that was improperly marked, you may have a claim against the construction company. Other claims might also be possible.

In most of these cases, the fact that you were not wearing your seatbelt, or that you were cited for failing to wear your seatbelt, is NOT admissible based on a Tennessee statute, T.C.A. 55-9-604. In other words, the other side will not be able to bring it up in your case. Below is a handy-dandy list on whether the seatbelt issue could hurt you in your type of case: Continue reading

April 27, 2015

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

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

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.