Tennessee Injury Law Center

July 29, 2024

Would You Settle for Less?

Part of our job is to attempt to keep up with what our opponents (the insurance industry and their lawyers) are thinking and doing. One of the many ways we try to do that is by reading insurance industry publications such as Claims Journal. In a recent Claims Journal article, the author interviewed Harish Kapur, CEO of Across America Insurance Services. Mr. Kapur’s comments are nothing new to us, but they are a good reminder to anyone who is considering filing a personal injury or wrongful death claim. Here are three key take-aways:

The insurance companies handle injury claims all day-every day, while this is hopefully your one and only injury claim.

Mr. Kapur bragged about his “crack team of in-house adjusters” and how they “have to know everything about the file.” The insurance adjusters know what information is critical. They know how to ask questions and frame the narrative during a recorded statement. They are trained how to interview witnesses and scour the internet for information on you.

July 3, 2024

The 5th of July

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

The 4th of July is almost here and the majority of people have some type of plans to celebrate Independence Day. Of course, those plans do not include a car accident, but because folks are heading to the mountains, the lake, a friend’s backyard BBQ or to watch a parade, etc., the roadways are expected to be very busy and dangerous. In fact, while the 4th of July is usually the peak of summer travel, this year is expected to be a recording setting weekend. Based on statistics from prior years, The National Safety Council estimates 599 people will lose their lives in car accidents over the 4th of July holiday and another 68,000 will be injured. Here are some tips for staying safe on the roads this holiday and living to enjoy the 5th of July. Continue reading

June 27, 2024

Boaters Beware

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

It is hot and humid outside, in other words, it is a Tennessee summer. Many Tennesseans are trying to beat the heat with a trip to their local lake or river. But before you head out, there are some things you should know. The 2023 Tennessee Boating Incident Statistical Report has been released and boating accidents have increased. Read on to learn which bodies of water had the most incidences and fatalities, what day and times are the most dangerous and about Boating Under the Influence laws and penalties. Continue reading

May 2, 2024

New Developments in Safety Technology and Car Accidents

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

In the past several years, car accidents have been on the rise. In fact, according to the most current data, deadly car accidents have increased by 16% throughout the United States. Automakers and safety regulators at The National Highway Traffic Administration (NHTSA) are keen to use new technology to try and help reverse that trend with the implementation self-driving tractor-trailers and automatic emergency braking systems. But others are concerned about the safety of the technology and its overall effectiveness. Continue reading

April 24, 2024

Dog Bites and Attacks: Not Always Man’s Best Friend

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

Dogs are often referred to as “man’s best friend”. Apparently, the expression has its origins from an 1870 trial in Missouri, Burden v. Hornsby. Lawyer and senator, George Vest represented a man whose dog, Old Drum, had been shot by a neighbor for allegedly killing the neighbor’s sheep. In his closing arguments, while eulogizing Old Drum, Vest suggested the idea that a dog is man’s best friend.* But unfortunately, that is not always true. In fact, the number of dog bites and dog attacks is increasing. Read on for the surprising statistics and how to prevent dog bites and attacks. Continue reading

February 26, 2024

What Is a Release of All Claims?

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

For Valentine’s Day, I received a gift card for a spa. When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims. Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible. There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated. Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities. As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

February 19, 2024

What to Do After a Bicycle Accident

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

The most common cause of a bike accident is collision with a car or truck. Not surprisingly, given the disparity in weight and protection between a bicycle and car, the bicyclist typically suffers serious injuries. Most bicycle accidents occur in urban areas and are caused by a car or truck driver failing to yield. According to the Department of Safety, there were 370 bicycle accidents in Tennessee in the most recent data year. So, if you are a bicyclist, do you know what to do after a bike accident? Do you know what insurance covers a bicycle accident? Do you know how to make a claim for a bike accident? And do you know how long it is going to take to recover from a bike accident? Continue reading

February 13, 2024

When Not to Drive

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

We have a 16-year-old in our house so we have recently re-experienced the thrill of being able to drive. For those of us who do not live in walkable cities, driving is independence. It is being able to go where you want when you want. However, today’s post is going to focus on two situations in which you should not drive. Steps are underway for technology to prevent you from driving in one instance. In the other instance, the completely unsophisticated but powerful pen and paper will help you know when not to drive. Curious? Read on. Continue reading

February 6, 2024

Maybe We Are Doing it Wrong?

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

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Fatal car accidents are falling in most countries but not the United States. Why is that? Like most complex problems, there is not a singular cause, and some of the causes are uniquely American. For instance, in Europe, 75% of the vehicles have manual transmissions. In the U.S., only 4% of the vehicles on the road have manual transmissions and, since 2018, only 2% of the vehicles sold have manual transmissions. Why is this important? You need two hands to drive a manual transmission – one to hold the steering wheel and one to shift. Unless you have three hands, a manual transmission makes it more difficult to use a phone while driving. Read on to learn more and what you can do to protect yourself.

According to the experts, other major reasons for the number of fatal car accidents in the US are:

A lack of sidewalks and dedicated bike lanes

January 20, 2024

Bear Accident Is Like a Law School Exam Question

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

Whether out of boredom with teaching the same subject each year or to keep the exam sufficiently different every year to prevent collusion between students, law professors have historically used unusual scenarios as questions in their final exams. But then again, sometimes real life provides the most unusual facts. Continue reading