Truck Accidents

July 16, 2012

Deadlines for Filing Personal Injury Cases in Tennessee

As a Tennessee personal injury lawyer, I receive at least one call every week from a potential personal injury client who has waiting too long to hire a lawyer to get help with filing a lawsuit. Recently, I had calls from three people in one week who called me too late for help.

There are lots of reasons you should call a lawyer quickly after a Tennessee auto accident or other event in which the negligence of another resulted in a serious injury, but one reason for prompt action is the delay can make it impossible to hire a lawyer who can help you.

Why do people wait to hire a lawyer? Some people think that they can resolve the personal injury case on their own, without any legal advice. Of course, sometimes that is true: a lay person may be able to settle a personal injury case without the assistance of a lawyer. For instance, car accident cases that involve only property damage, or that involve one trip to the emergency room and no other medical treatment frequently can be resolved without the help of a lawyer.

July 4, 2012

Damages in Car Accident Cases in Tennessee

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

A person who suffers an injury in Tennessee automobile or truck accident as a result of the negligence of another person has a right to recover damages for their injuries. As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident injury victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for

May 23, 2012

Why is My Past Medical History Important in My Personal Injury Lawsuit?

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

As Tennessee personal injury lawyers, we spend of time listening to our clients explain about injuries they received in car wrecks, truck accidents, and lots of other situations. One frequent question we are asked is whether the insurance company defending the case will be able to explore the client’s medical history.

A person’s medical history is important in any case in which he or she is claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. The medical history establishes the baseline of the person’s physical or psychological well being before the injury. Tennessee law requires medical evidence to show that a negligent act caused an injury, so a medical history can establish the lack of any prior problem that our client complains was caused in a car wreck or other event.

Tennessee law provides that you may not recover damages for physical and mental suffering from prior medical problems or medical care to treat those pre-existing problems. However, when a preexisting condition is made worse y the wrongful act of another person byou can recover damages for the worsening of the condition. Your medical history will be important to proving this claim – your lawyer will have to show what the condition was before you were injured and, with the assistance of testimony from a doctor, how the injury made that condition worse.

May 17, 2012

Under-Insured Drivers

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

I remain amazed at people of means who do not maintain sufficient liability insurance on their vehicles and homes.

The most frequent problem we see is with middle-income people who are driving around with "25 / 50" or "50 / 100" liability insurance policies on their cars. A "25 / 50" policy is one which provides a negligent driver with insurance protection of $25,000 for any one person they hurt or kill in an accident, up to a total of $50,000 for all persons hurt or killed in an accident. A "50/100" policy, provides a negligent driver with up to $50,000 worth of insurance protection for any one person they hurt or kill in an accident, up to a total of $100,000 for all persons hurt or killed.

If there is insufficient insurance to pay the damages caused, the driver is personally responsible for the balance of the damages. Thus, if a negligent driver with a "25 / 50" liability insurance policy on his car causes injuries to another person worth $50,000, the negligent driver is responsible for the $25,000 his insurance company does not pay.

May 2, 2012

Tennesee Trucking Accident

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

The Law Offices of John Day, P.C. has recently updated its website to share more information about Tennessee truck accidents with those injured as a result of truck driver or trucking company negligence.

The following links will guide you to information about trucking accidents and your legal rights.

It is essential to remember that a victim of a truck accident must act quickly to protect his or her legal rights. Tennessee law proviides that cases arisisng out of truck wrecks must be filed within one year of the date of the incident, but more prompt action is required because important evidence is often lost in the days following the accident.

April 29, 2012

Drunk Driving Arrests Increase in Tennessee

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

The good news is that the overall crime rate in Tennessee has decreased. The bad news is that the report reveals that a total of 26,340 people were arrested for DUI in 2011, an increase from the 24,154 arrests made in 2010.

Here is some more data about those arrested from driving under the influence in Tennessee in 2011:

19,845 of those arrested were male and 6495 were female
22, 415 of arrestees were White and 3201 were African American
the age group with the most arrests was age 25-34 (both males and females)

Driving under the influence takes the lives of hundreds of people every year and injures many more. If you choose to drink alcoholic beverages, be sure to limit your alcohol consumption to an amount that will not impact your ability to drive safely.

April 12, 2012

What Is the Deadline For Filing A Truck Accident Case in Tennessee?

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

My car was hit by a truck in Mt. Juliet, Wilson County, Tennessee. How much time do I have to file a lawsuit against the truck driver and the trucking company?

Tennessee law ordinarily requires that such cases be filed within one year of the date of the accident.

There are a couple exceptions to this general rule, but you should not assume that you have more time unless an experienced Tennessee truck accident lawyer familiar with all of the facts advises you that you have more time to file suit.

April 7, 2012

Deaths from Tennessee Car and Truck Accidents Increase in 2012

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

Deaths from car and truck accidents in Tennessee have increased in the first three months of 2012, an unusual result given the general decline in accidents, injuries and deaths in the past few years.

238 people lost their lives on Tennessee highways in the first three months of 2012. In the same period last year, only 186 deaths were reported. The 52 additional deaths represents about a 30 percent increase.

The increase in the number of deaths is largely from automobile accidents. Death rates for accidents involving trucks are down slightly. Pedestrian deaths are also down from the same period in 2011.

February 26, 2012

Wrong – Way Crashes on Interstate Highways

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

In 2010 over 100 wrecks occurred on Tennessee interstates because a driver was operating down the wrong side of the roadway.

There are several reasons this can occur. First, the driver of the vehicle going down the interstate the wrong way can be intoxicated by alcohol or operating under the influence of another drug. Liability may be imposed on the driver and, if the excessive consumption of alcohol contributed to the problem, those who illegally served an obviously intoxicated person may bear some responsibility.

Second, the signage at the entry point of interstate can be absent or misleading. It is not uncommon for people in road construction areas to be lead astray by poor signage or signs that are just plain wrong. Under these circumstances, those involved in the road construction project may have some responsibility for what occurred.

February 10, 2012

Deaths from Tennessee Car and Truck Accidents Decline

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

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.