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On Sunday, we were at Percy Warner Park walking the 6-mile loop at the same time as a small marathon.   About 3 miles into the loop, we crossed paths with the former soldier in the photo above.  At this point on the route, you might see an owl in a tree, or a deer might cross your path, but we were not expecting to see a man dressed in fatigues carrying an enormous American flag.  It was a lovely sight.  The golden leaves of the park juxtaposed against the American flag.   I took a picture as he was approaching.  We stopped and talked briefly, and we learned that, during a tour in Iraq, he had been gravely injured and spent 9 months recuperating in medical facilities.  He was told he would never walk again.  This past Sunday was his 72^nd marathon.  And he always carries the flag.  As we walked away, we wished him a Happy Thanksgiving and remarked that he had a lot for which to be thankful.  As we walked on, we realized that we did too.

To keep the spirit of gratefulness going, we asked the Law Offices of John Day team to share three things they are grateful for and to assume that family, friends, health and faith were already included.  We got some great responses:

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“I feel the need, the need for speed” is one of the most quotable lines from the original Top Gun movie.  But when you consider the statistics and facts about speeding, speed is not needed on Tennessee roadways.  In fact, The National Highway Traffic Safety Administration has launched a new safety campaign about speeding because 11,258 people were killed in 2020 (the most recent complete and analyzed data year) because of speeding, which was a 17% increase over the prior year.  In addition to the statistics, let’s look at whether speeding really saves time, when speeding rises to the level of reckless driving and other downsides of speeding including the points on your license. Continue reading

At The Law Offices of John Day, P.C., we deal with insurance policies and insurance companies every single day. Unfortunately, all too often we see clients who declined uninsured/underinsured motorist coverage or bought too low a limits for their circumstances simply because the right questions were not asked of their agent.  So start the New Year off right by taking a few minutes to talk to your agent about your coverage so that you get the best premium possible and so you are adequately protected in the event of an accident.  Below are some of the questions you should ask:

1. What optional coverage is available? At The Law Offices of John Day, P.C., we believe the most important optional coverage is uninsured/underinsured motorist coverage. (If you are unfamiliar with this type of coverage and how it works, go to the side bar on the right and just type in uninsured motorist in the Search function. You will be taken to a number of articles on the subject). From our experience with our clients, most people decline this coverage because they think it will be too expensive. Talk to your agent. We think you will find it is inexpensive especially when you consider 1 in 5 drivers in Tennessee are uninsured. This coverage could mean all the difference if you are involved in an accident with one of those drivers.
2. How will an accident affect my policy? Now some insurance companies are offering “accident forgiveness” and other similar benefits for their insureds. Discuss how an accident may affect your premium and/or even cancellation of the policy. This is especially important if you have teen drivers who tend to have more fender benders.

The Tennessean reports that the it is not the City of Chattanooga, the school district, or Hamilton County that owns the bus involved in the Chattanooga crash but rather a private company out of Illinois.

It that is correct, the cap on damages applicable to governmental entities discussed in my previous post  will not apply and general Tennessee damages law will be applicable.

There are artificial limits on damages that may be awarded by a judge or jury in personal injury and wrongful death cases but they are not by any means as limiting as those against governmental entities.

This really is the big question, isn’t it? On Avvo, you see it asked a lot by folks who are trying to handle their case without a lawyer. And at The Law Offices of John Day, P.C., we get asked this question, or some variation of it, almost every single day by clients who call in for a free initial consultation.  And, believe it or not, other lawyers often ask us this question when they are trying to handle an injury or death case even though that is not their normal area of the law. So what is the answer? Continue reading