Tennessee Injury Law Center

February 25, 2016

If you see something, say something! (It’s the law)

I have been meaning to write about this for days but work and other matters have kept me too busy to do so. But in the days since I first heard about this, I can tell you my anger has not dissipated. Earlier this month, Newsweek ran the following headline on a story: “New Catholic Bishops Told They Don’t Have To Report Sexual Abuse to Police”. French Monsignor Tony Anatrella told bishops they do not have a duty to report abuse to the police because that is the responsibility of the victims and their families. Oh really? Let’s discuss this for a moment. Continue reading

February 15, 2016

Trying To Be Cheap When Purchasing Insurance Could Cost You

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

Last week, a question was posted on Avvo (a legal Q & A site) seeking advice about what should be done following a car accident. The questioner was worried about getting sued, and the primary source of his anxiety was because he had substantial assets including investment accounts but he only had $100,000 in automotive insurance coverage. In particular, he wanted to know if he should hire his own lawyer separate and apart from any lawyer hired by his insurance company? Before I get to that, let me start with something more important. Continue reading

February 1, 2016

Protecting Yourself Against Defective Products

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

Last year was a record year for vehicle recalls. Already this year, Ford has announced a recall of nearly 400,000 Ranger pickups due to faulty airbags. The National Highway Traffic Safety Administration (NHTSA) has just announced a recall of Britax car seats. The Consumer Product Safety Commission issues a new recall virtually every day. As a consumer, how do you know if the products you and your family use are safe? And what do you do if you get hurt by a defective product? Continue reading

January 29, 2016

Xarelto: Convenient But Also Dangerous

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

You may have seen the Xarelto commercials featuring Arnold Palmer, Kevin Nealon, Chris Bosh and Brian Vickers — the ones that tout the convenience of Xarelto. According to the manufacturer, there are two benefits of Xarelto: (1) patients on Xarelto do not have to avoid vitamin K rich foods and (2) patients on Xarelto do not have to undergo frequent blood tests to monitor their INR. Now, if you are a patient on warfarin (Coumadin), the decades-old blood thinner, Xarelto might sound like an attractive option. But, most patients do not know the dangers of Xarelto. Continue reading

January 20, 2016

Winter Weather Driving and Car Insurance

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

Well it is finally here: winter weather. If you have to get out and about in it, here are some winter driving tips along with a very important piece of advice about your insurance. Continue reading

January 4, 2016

Need Help with Those New Year’s Resolutions?

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

So, it is January 4^th. How many of your New Year’s resolutions are already busted? If you are like most of us, it is probably at least one. That is the bad news. But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading

December 28, 2015

Still Driving Despite 17 DUIs and a Suspended License: How to Protect Yourself From Folks Like This

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

Earlier this month, a Shelbyville woman was arrested for her 17^th DUI. No, that is not a typo– seventeen DUIs. According to reports, the habitual drunk driver was arrested yet again after she crossed the center-line and crashed head-on into another vehicle injuring the other driver.

Of course, given her driving record, this woman should not have been driving and, in fact, her license was suspended. But she was nonetheless out on the roadways again and almost certainly she was not insured. Tragically, this is not an isolated occurrence. Fifty to seventy-five percent of drunk drivers will continue to drive on a suspended license. If the drunk driver does not have any insurance, where does it leave the innocent victim injured by this woman’s criminal conduct? Continue reading

December 15, 2015

Make Me A Witness

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

A few weeks ago, I received a voicemail from a lawyer indicating he would like me to be a witness in a case and wanted to talk to me about my recollections surrounding the event at issue. I will confess my response was to cringe a little. As a trial lawyer, I am intimately familiar with the litigation process so nervousness about the process, etc. was not the issue as it understandably is with some who get a subpoena. Instead, my cringing had more to do with the time involved in being a witness and getting involved in a conflict with folks that I happen to know. But once the cringe moment passed, I realized this was an opportunity similar to the one I received when I was called for jury duty. It was an opportunity for me to be reminded of what it is like to be a part of litigation in a role other than as a lawyer.

So I thought it might be helpful to write a few posts about the overall process of being a witness in hopes it might be helpful to others in the same situation. Let’s start with the cardinal rule: any trial lawyer worth his or her salt does not want you to testify at a trial without knowing what you intend to say. So that only leaves a few options. Continue reading

December 2, 2015

Pedestrians in Wheelchairs at Much Greater Risk of Injury and Death

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

Being a pedestrian is dangerous. Each year in the United States roughly 5,000 people are killed in pedestrian accidents and another 76,000 are injured. But recent data shows the risk to pedestrians using wheelchairs is even more profound as those individuals are 36% more likely to die in an accident with a vehicle. The majority of these crashes occur while the wheelchair user is properly within the crosswalk, and about 18% of the crashes occur where no crosswalk was available. Why is this happening? Continue reading

November 24, 2015

Beware Ban the Box

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

Ban the Box is a movement, which seeks to eliminate from job applications any questions about a job applicant’s criminal background. The theory behind the movement is that by “banning the box” prospective employers will not automatically discriminate against and eliminate candidates in the hiring process.

Metro Nashville has adopted a ban-the-box policy that will take effect January 1^st. As it has been reported, under the policy, job applicants will not be asked if they have ever been convicted of a crime unless they are applying for a position in an emergency department or a Metro school position. It also does not prohibit the applicant from being asked about their criminal history during an in-person interview or prevent a criminal background check. Continue reading