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Memorial Day is a day to remember and be grateful for those brave men and women who have died while serving our country in the military. It is also the unofficial start of summer. Beach trips, parades, lake outings, pool parties and barbecues are on a lot of folks’ agenda.   Here are ten safety tips to help keep your weekend fun and injury-free:  Continue reading

mean dog
This is National Dog Bite Prevention Week, so it is a great time to give you some advice on how not to be a dog bite statistic and how to avoid being sued if you, like us, are a dog owner.

First, let’s look at the numbers of this very real and common problem. About 4.5 million people are bitten or attacked by a dog each year in the United States. While some of the bites are not terribly serious, almost 900,000 of those dog bites will require medical attention. Each year, roughly 27,000 victims will require reconstructive surgery – not just stitches. And, while more rare, dog attacks can be deadly. The average dog bite claim costs $37,214.

So, let’s start with a few tips for how to avoid being the victim of a dog bite.

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According to the Tennessee Department of Safety and Homeland Security statistics, there were 1,579 pedestrian accidents last year. But, there were actually many more because the State’s statistics do not include pedestrian accidents that occurred on private property, which means parking lots (where lots of pedestrian accidents occur because of the unavoidable interaction between cars and pedestrians). For the first quarter of this year, there have already been 378 pedestrian accidents, so we thought we would share some tips to help avoid being a pedestrian accident statistic: Continue reading

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The summer driving season is just around the corner. Time for vacations, trips to summer camp and the like.  Gas prices are expected to remain low.  In fact, the federal government is expecting gas to be at its lowest since the summer of 2004.  So, the roadways will likely be busy and, unfortunately, dangerous.  Here are a few tips for making sure you and your family stay safe including one you might not know.

  1. The Tennessee Department of Safety and Homeland Security offers licensed Tennessee drivers the ability to add emergency contacts to their driver’s license online. So, if you are involved in an accident, emergency workers can quickly contact your spouse, parents, legal representative, etc. If you are unconscious, this could save valuable time in a medical emergency as your contact could provide medical history, information on any medications you are taking, etc.   In addition, not only will your loved ones be alerted to the emergency quicker but they can begin helping quicker. For instance, maybe at the time of the accident you were on your way to pick up your daughter from school, if your spouse is quickly alerted to the accident, he could get someone to your daughter promptly. The process is simple. Just go to www.dl.safety.tn.gov.   The 7th star on the page is a link for Manage Emergency Contacts. Click it, fill out the requested information and hit submit. Now, your emergency contacts are linked to your driver’s license number.
  2. Register your vehicle and your tires with the manufacturer so that you are kept updated on any recalls. Last year, the National Highway Traffic Safety Administration oversaw a record number of recalls. If your vehicle and tires are not registered, the manufacturer cannot notify you directly. Vehicles and tires are only recalled if there is a safety defect or if they fail to comply with Federal Motor Vehicle Safety Standards. So, recalls are serious business.   At www.nhtsa.gov, you can search to see if there are any recalls affecting your vehicle, tires, child safety seats, etc. You can also sign up for safety alerts.

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Almost any coach will tell you that fundamentals win games. While lawsuits are definitely not a game, they are about winning. So just as a good baseball coach will instruct you to field a grounder with your glove on the ground and your bare hand above the glove, we want to tell you four fundamentals you can do to help win your lawsuit. Continue reading

pedestrian light

At The Law Offices of John Day, P.C., we are definitely seeing more accidents involving pedestrians but we are not relying on just our own anecdotal evidence for this post.  The Governors Highway Safety Association (GHSA) is projecting, once all the data is in, that 2015 will have the largest year-to-year increase in pedestrian fatalities since national records have been kept. Pedestrians now account for about 15% of all motor vehicle crash-related deaths.   So what is to blame for the national increase and what are the statistics for pedestrian accidents in Middle Tennessee? Continue reading

hospital bed

Here is the scenario we often see: a patient goes in for a surgery. The surgery is successful but the patient continues to experience pain and other symptoms without any identifiable source.  Often the patients are treated as though they are whiners or malingerers.  Finally, at some point, the medical providers realize the source of the patient’s pain and problems: a surgical item has been left inside the patient during the surgery.  Of course, this necessitates a second surgery with all the attendant risks, more medical bills and more pain and suffering.  Think this is a rare occurrence?  Think again. Continue reading

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Over Spring Break, we were blessed to get to vacation in Belize. On our last day of vacation, we took a catamaran to Caye Caulker.  While walking through the village, we noticed the island’s traffic laws posted on the wall.  While Title 55 of the Tennessee Code dealing with motor and other vehicles has 53 Chapters, Caye Caulker on the other hand has a very limited set of regulations.  Beyond requiring a license, registration and insurance, drivers are prohibited from driving on the airstrip runway, the beach, the football field and any unauthorized piers.  The Tennessee Legislature might take a tip or two on brevity from the Caye Caulker Traffic Control Committee.

Some other interesting fact about driving in Belize: Continue reading

mean dog

I know you may think this article is about politics and it surely could be. The rhetoric in this election year has been meaner and uglier than I can remember. But, I am talking about lawyers. While mean is not the quality anyone is usually looking for in leaders, family or friends, contrary to a lot of folks popular belief, it is also not the quality you should be seeking in a lawyer. Let me explain. Continue reading

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In a nutshell, here is the case: Jacqueline Fox had used talcum powder for more than 35 years. After she was diagnosed with ovarian cancer, a pathologist found talc in Fox’s ovaries.   Experts believe the talc caused inflammation, which led to cancer and Fox’s death. During a recent trial, a St. Louis jury awarded $72 million dollars to Fox’s family. Continue reading

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