Truck Accidents

May 17, 2012

Under-Insured Drivers

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.

January 19, 2012

What Types of Damages Are Available in a Tennessee Truck Accident Lawsuit?

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

In any type of Tennessee personal injury case, including injuries caused by careless truck drivers or trucking companies, an injured person can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

A significant part of many personal injury claims in the recovery of the reasonable medical bills necessarily incurred as a result of the incident. To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

Physical pain and suffering is physical discomfort caused by an injury. In the event you suffer an injury that will cause pain in the months and years after a settlement or trial, you can recover damages for that as well.

January 9, 2012

What is Uninsured Motorist Insurance Coverage?

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

What is uninsured motorist coverage?

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. Subject to certain limitations, you may recover damages under your own uninsured motorist policy if the other driver is proven to be uninsured.

Uninsured motorist coverage must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured motorist coverage unless you waived your right to have it in writing.

December 19, 2011

Deadline For Filing a Truck Accident Case in Tennessee

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

Is there a deadline to file a lawsuit for truck wreck cases in Tennessee?

Yes. Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases. The length of time varies depending on the type of case. In most instances you have one year from the date of the incident causing injury to bring a lawsuit, although shorter time limitations apply in some types of cases. In cases involving truck accidents, any lawsuit must be filed within one year of the date of the accident. Failure to file suit on time will result in a loss of your rights.

Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.