Tennessee Injury Law Center

May 8, 2015

Facebook: So Many Ways To Get In Trouble

Last month, a judge was publicly admonished by the Texas Commission on Judicial Conduct because she posted comments on Facebook about a trial she was presiding over. Then, earlier this month, a Michigan prosecutor lost her job due to statements she posted on Facebook related to the looting in Baltimore. And for accident victims, Facebook is just as dangerous.

As soon as an accident victim makes a claim, a claims adjuster or a defense lawyer will likely try to find the person on Facebook to glean as much information as they can. And if your Facebook posts are not consistent with the allegations of your lawsuit, then they start doing a happy dance. Let me give you some examples of how Facebook can be used against an accident victim. Continue reading

May 4, 2015

Water Safety Month: Dock Electrocutions

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

For the past eleven summers, our family has spent as many weekends as possible on Tims Ford Lake. We enjoy swimming, water skiing, jet skiing, grilling out with friends and all of the other fun the lake has to offer. But, in those eleven years, there have been some unspeakable tragedies as a result of electrocutions.

Around the corner from us, two young boys were electrocuted and died when they jumped from their dock and into the water. The electrical work on the newly installed dock had been improperly installed allowing a live charge to enter the water. Then, just two years ago, an adult was electrocuted and died as a result of an improperly grounded dock. Both accidents were preventable. So what can you do to make your dock safe? Continue reading

May 1, 2015

May Is National Water Safety Month

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

I can feel it. Can you? Summer is almost here. The kids have just a few more weeks of school and then it is time for pools, lakes, waterparks, time at the river and more fun in the sun. In an effort to ensure everyone has a safe summer, May is National Water Safety Month, and in March of this year, Governor Bill Haslam signed a proclamation to that effect for the State of Tennessee.

While water can be the ideal spot for summer fun, it can also be a spot for terrible drowning and near-drowning accidents. According to the Centers for Disease Control and Prevention, more than 10 people a day die from drowning accidents. And drowning is the number one cause of death for children 1 to 4.

April 29, 2015

I Was Not Wearing My Seatbelt At The Time of the Wreck. Will That Hurt My Case?

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

It depends upon the type of claim you have. If you have been injured in a car wreck, you may have multiple claims. Of course, you have a claim against the other driver who caused the accident. But, you may also have a claim against your own insurance carrier if the other driver was not insured or not adequately insured to compensate you for all your damages. If the other driver had been drinking before the accident, you may have a liquor liability claim if the other driver was overserved at a restaurant or bar. If your vehicle failed to perform as designed in the accident, such as the airbags failed to deploy, you may have a product liability claim against the automaker. If the accident happened in a construction zone that was improperly marked, you may have a claim against the construction company. Other claims might also be possible.

In most of these cases, the fact that you were not wearing your seatbelt, or that you were cited for failing to wear your seatbelt, is NOT admissible based on a Tennessee statute, T.C.A. 55-9-604. In other words, the other side will not be able to bring it up in your case. Below is a handy-dandy list on whether the seatbelt issue could hurt you in your type of case: Continue reading

April 27, 2015

Is The Other Driver’s Traffic Citation Admissible In My Injury Case?

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

Here is the scenario: You are lawfully passing through an intersection when you are struck by another vehicle that ran the red light. Police respond to the scene and investigate the accident. After talking to witnesses, the police issue the other driver a citation for running the red light. Because you were injured in the wreck, you hire a lawyer (hopefully us) to file a lawsuit for your damages. As part of that litigation, you want to know if the citation is admissible to help prove your case.

So what is the answer? It depends. Sorry, we know folks hate those kind of answers but here is why we say that. A traffic citation is sort of like being arrested – it is not proof of anything unless there is a finding of guilt. So if the other driver’s traffic citation is tried and he either pleads guilty or is found guilty of running the red light, then the finding or conviction may be used in the civil case. But what if there is not a guilty plea or guilty finding?

April 23, 2015

New State Legislation for Uber, Lyft and Other Ride-Sharing Companies

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

SB 0907/HB 0992 seeks to establish requirements for transportation network companies (TNC). The bill defines a TNC as a business that operates suing a digital network to connect drivers and customers/passengers for prearranged rides. Taxi services, shuttle services, limousine services and other private passenger services are not subject to the bill.

The bill has several positive features for Tennessee consumers. Below is a summary of some of the key provisions:

April 21, 2015

Blue Bell Ice Cream Recall and Food Poisoning

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

Yesterday, Blue Bell Creameries of Texas voluntarily recalled ALL of its products due to potential contamination with listeria monocytogenes. Blue Bell has been experiencing problems with listeria monocytogenes since early March, 2015, and the problem has just continued to grow leading to yesterday’s global recall involving ice cream, sherbet, frozen yogurt and frozen snacks.

April 17, 2015

Distracted Driving: You Shouldn’t Walk and Chew Gum at the Same Time

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

April is National Distracted Driving Awareness Month. While texting and driving gets a lot of attention (and for good reason), there are many forms of distracted driving, just as many laws that relate to it and, the good news, plenty of strategies for preventing it. Let’s review, shall we?

The Centers for Disease Control and Prevention categorize distracted driving into three forms: visual (taking your eyes off the road), cognitive (letting your mind wander from the task of driving) and manual (taking your hands off the steering wheel). Some of the more common forms of distracted driving are texting while driving, eating while driving, using a navigation system, putting on make-up and daydreaming.

April 15, 2015

Higher Speed Limits Present Hidden Danger

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

Fourteen states now have a speed limit between 75 and 85 mph, and these higher speed limits present several problems when it comes to tractor-trailers and other big trucks. Of course, the faster you are going, the quicker your reaction time must be. In addition, higher speeds and the increased weight of trucks mean they need a greater stopping distance. But, while those problems may seem fairly obvious, there is also a hidden danger associated with higher speed limits.

April 13, 2015

Meet Lincoln Day!

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

On Friday night, my wife and I surprised our seven year-old daughter with a new puppy. Lincoln is a nine week-old Cavalier King Charles Spaniel and a delight. Right now, we are trying to potty train and keep him from chewing stuff.

Of course, a dog owner’s responsibilities extend beyond keeping the flip-flops and the rug safe. Responsible pet owners must be sure to vaccinate their dog, keep the dog from running at large and keep the dog under reasonable control so that it does not harm others. While the law does not require it, I also believe a responsible pet owner should maintain adequate insurance (either via their homeowner’s or through a separate pet insurance policy) to help ensure that anyone injured by the dog receives fair compensation for their medical bills and damages.