Tennessee Injury Law Center

June 2, 2015

The Music City Star Is Going To Be Busier. Can It Be Safer?

Recently, officials for the Music City Star commuter train announced construction on a new Lebanon station will get underway later this summer. The new Lebanon station will be the seventh for the commuter rail line operating through Davidson and Wilson counties.

Mass transit options are welcome by many in the Nashville area. Mass transit would help alleviate some of the heavy volume that regularly snarls traffic on area interstates. And because the Nashville Area Metropolitan Planning Organization estimates one million more people will be in Nashville by 2035, traffic volume will only increase. So many see commuter train travel as an easier and cheaper way of getting to and from Nashville. Continue reading

May 29, 2015

Whipped Cream: Bad for the Hips and Your Criminal Record

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

Last week, a Franklin woman drove her Lexus SUV into a ditch. After she managed to get her vehicle out of the ditch, she proceeded along Battle Avenue until she crashed into a brick mailbox. When police arrived on the scene, they found the driver disoriented. Upon searching her vehicle, they found 13 cans of nearly empty whipped cream. According to reports, the driver had been huffing the aerosol in the whipped cream cans in order to get high.

Of course, a natural reaction upon hearing this story is to titter and then crack all sorts of wise comments. But, we need to remember that impaired driving is impaired driving. It really does not matter whether you impairment stems from alcohol, prescription drugs, street drugs, whipped cream or something else. If you are impaired, you should not be driving. Fortunately, for this woman, she did not hurt anyone else or herself. So how common is this problem? Continue reading

May 27, 2015

Tennessee Trial Stats: How Many Injury and Death Cases Were Filed, Who Won and How Much Did They Get?

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

According to the Administrative Office of the Courts data, for the 2013-2014 reporting year, there were 10,232 tort cases filed in the State of Tennessee. (Tort cases are claims for injury or death and include medical malpractice or healthcare liability claims.) During that same time frame, 10,322 cases were concluded in some fashion such as dismissal, settlement or trial. However, very few were concluded by way of a trial. In fact, only 416 cases or 4% of tort or healthcare liability cases were tried in the entire State of Tennessee last year. So what kind of verdicts were returned in these 416 cases? Continue reading

May 26, 2015

Damage Caps on Train Accidents Hurt Victims

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

Almost two decades ago, Congress decided $200 million should be the most a passenger train company like Amtrak should be required to pay to injury victims. Sounds like a lot of money, but let’s look at that for just a moment.

Passenger trains can hold hundreds of people and train wrecks can cause an array of injuries from broken bones to death. Without knowing how many people would be injured or what type of injuries they sustained, Congress set a limit on how much money, as a group, they could recover. Congress set a limit without knowing how many people would be killed and what those lives lost meant to their families. For example, was the person who was killed the sole breadwinner for a family consisting of three very young children? But it gets worse. Continue reading

May 21, 2015

How Do I Win My Accident Case At Trial?

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

Not surprisingly, every accident victim whose case goes to trial wants to know the answer to this question. Of course, victory at trial depends upon a number of factors including the facts of your case, your lawyer, the opposing lawyer, the judge, the jury pool, etc. Below we will examine each of these in a little more detail and how you can help your case: Continue reading

May 18, 2015

Preventing Wrong-Way Accidents

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

Wrong-way accidents are just as the name implies: an accident caused by another driver going the wrong way on a street, highway or interstate. Wrong-way accidents are not terribly common but when they occur they typically involve a fatality because the impacts are usually head-on and severe. In fact, more than 350 people are killed each year in wrong-way accidents.

By and large, wrong-way accidents involve a driver who is impaired by alcohol. So then, it will probably not surprise you to know that you are more likely to be the victim in a wrong-way accident at night and on weekends. You are also more likely to be involved in a wrong-way accident if you are driving in the lane closest to the median. Why? Because the wrong-way driver will typically move to the far right lane thinking it is the slow lane. Since they have been drinking, they choose this lane so they do not get pulled over for speeding. Finally, older drivers are over-represented in wrong-way accidents. Aside from cracking down on drunk driving, what can be done to prevent wrong-way accidents? Continue reading

May 14, 2015

Irresponsible Pet Owners Really Get My Goat!

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

Last week, my wife and daughter were driving home from school when they noticed a goat in the road. Fearful the goat was going to get run over or cause an accident on the narrow little road, my wife decided to try and find its owner. Two farms were nearby so my wife pulled into first farm and went to the front door to alert the owner about the escaped goat. The homeowner advised my wife the goat in question belonged to the farm on the other side of the street. The woman also reported she herself had put the goat up on several occasions. Armed with this information, my wife drove to the farm across the street to alert them their goat was loose.

When my wife and daughter exited the car, the goat was still at the road. They knocked on the door and waited a few moments but no one was home. As they turned to walk back to the truck, they noticed the goat was approaching. Before they could get back to their vehicle, the goat became aggressive, and this goat had horns. Continue reading

May 12, 2015

Water Safety Month: Boating and Jet-Skiing

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

Middle Tennessee has many wonderful lakes: Center Hill, Old Hickory, Percy Priest, Normandy Lake and others. Our family’s favorite is Tims Ford where we like to spend as much time as possible out on the water.

While boating and jet skiing are fantastic recreational activities, there are a number of laws applicable to both. Let’s review 10 of the most important: Continue reading

May 8, 2015

Facebook: So Many Ways To Get In Trouble

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

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