Tennessee Injury Law Center

July 6, 2014

Another Cause of Impaired Driving: Hypothyroidism

We all know that drinking and driving is dangerous. The same is true about driving while under the influence of certain drugs including prescription medications. But, most people are not aware that certain medical conditions can impair driving ability. For instance, individuals diagnosed with epilepsy need to have their seizures well-controlled and meet certain criteria before they can be medically cleared for driving. Likewise, diabetics must carefully monitor their blood sugar or they can present a serious risk on the roadways. (In fact, one of our lawyers has successfully secured a seven-figure settlement in a car accident caused by a diabetic blackout.) And now, we are learning that individuals with significant hypothyroidism can experience impaired driving similar to that of a driver under the influence of alcohol.

Hypothyroidism is a condition in which an individual produces insufficient amounts of the thyroid hormone. The condition is fairly common and it can impair a number of bodily functions including brain function. According to a study recently released by the International Society of Endocrinology, untreated hypothyroid patients placed in a driving simulator performed similar to drivers with blood alcohol concentrations above the legal limits. Like any other medical condition, hypothyroid patients should talk to their doctor and ensure they are receiving appropriate medicine to combat the deficient levels of thyroid hormone so they do not present a risk on the roadways.

If you or a loved one has been injured in a car accident and would like to discuss your case for free and without obligation, contact one of our award-winning lawyers at 615-742-4880 or toll-free at 866-812-8787 or fill out this online form and we will be happy to call you. We handle all Tennessee car accident cases on a contingency basis which means we only get paid if we win. And unlike some lawyers, we advance all case expenses so you are never out of pocket any money to pursue your rights.

July 3, 2014

Defective Air Bags Affect Millions of Vehicles

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

If you have an airbag system in your vehicle, you likely take comfort in this additional piece of safety equipment. But because of a defect, your airbag may now present a serious risk of injury. Takata Corporation, a Japanese company, is the second largest manufacturer of vehicle safety equipment including airbags. But in the past several years, Takata has experienced problems with its airbags. The defective airbags can explode causing injury and even death. The explosions are different from an intended deployment in a crash. Instead, the defective airbags actually detonate and shoot shrapnel at drivers and passengers. In fact, in at least one incident, the metal ejected during the airbag explosion was so hot it set fire to the instrument panel and glove compartment of the vehicle.

As a result, in recent days, Nissan and Honda have recalled more than 3 million vehicles because of defective Takata airbags, and Mazda has recalled a smaller number of vehicles. More recalls may be looming as Chrysler, Ford and BMW are investigating the issue in their vehicles. And, it is important to note that these recent recalls are in addition to earlier recalls involving millions of vehicles affected with the same airbag problem.

The cause of the explosions appears to be related to inadequate pressure and excess moisture during production of the airbags. The National Highway Safety Administration (NHTSA) is, of course, investigating the problem and is also studying whether driving in high humidity presents an increased risk factor for the explosions, which is troubling news for Tennessee drivers as we enter the hot and humid summer months. You can visit the NTHSA’s website to determine if you vehicle is affected by the recall and the steps to take to address the problem.

June 30, 2014

New iPhone App Prevents Texting and Driving

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

Yesterday, we told you about the alarming increase in texting while driving amongst teens. Today, we want to share with you some new technology to help combat this dangerous and deadly behavior. Earlier this week, a new app was released in the Apple store. The app completely disables an iPhone while driving. The app is called No Text and Drive and it uses GPS to sense when a vehicle is traveling in excess of 10 mph. At that speed, the app disables the iPhone and prevents a user from texting or making phone calls. (And for those of you who are wondering, you can still listen to music.) The app also has an override feature for when the user is a passenger and a parental feature that alerts parents when the app has been turned off. This is the first app of its kind in the app store, and since a whopping 61% of American teens own an iPhone, it could be an important weapon in the campaign to end texting and driving.

June 29, 2014

Texting While Driving Now a Greater Risk to Teens than Smoking

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

The good news: teen smoking is down. In fact, it is at a 22 year low. The bad news: texting while driving is on the rise. The Centers for Disease Control and Prevention has recently released a new report which shows that 41.4% of students admit to texting and emailing while driving a car. Two years ago, the number was 32%.

Car crashes remain the number one cause of death for teenagers. Texting or emailing while driving and inexperience can make a deadly combination. According to research, drivers who text while driving are 23 times more likely to be involved in a crash than a driver who is undistracted.

Through education, as a society, we have made some headway on the risks of smoking. And now, we must turn our focus on distracted driving. Here are some tips to help avoid this dangerous behavior:

June 25, 2014

Dog Bite Claims Continue To Rise

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

In 2013, the number of dog bite claims rose 5.5%, and in the last decade claims have risen more than 45%. Dog bite claims account for more than 1/3 of all homeowners’ claims, and in 2013 the average claim was $29,752.00. In total, insurance carriers paid out more than $438 million dollars in dog bite claims. Of course, the severity of a dog bite claim can vary greatly. Some victims get away with only a small bite or scratch. While other dog bite incidents should be more appropriately characterized as an attack given the substantial injuries suffered by the victim.

At The Law Offices of John Day, P.C., our award-winning lawyers are experienced in dog bite claims and would be glad to talk to you about your case free of charge. We handle all dog bite cases on a contingency basis so we only get paid if we recover money for you. So call us any time at 615-742-4880 or toll-free at 866-812-8787 or simply fill out this form and we will call you.

To learn more about Tennessee dog bite cases and Tennessee dog bite law, click on the links below:

June 16, 2014

On-Call Chauffeurs and Things You Should Consider Before Letting Them Drive Your Little Deuce Coupe, Little Red Corvette or your Hot Rod Lincoln

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

OK, I will admit it. I am a card-carrying member of AARP and I am proud of it – mostly because of the discounts I have enjoyed since qualifying for membership at age 51. Earlier this week, while reading the AARP monthly magazine, I was alerted to the growing trend of on-call chauffeurs. Rather than using a taxi, the bus or Uber, etc., these on-call chauffeurs will drive you in your car. While many of these companies are clearly trying to minimize drunk driving, they are certainly not limited to those situations. Over 600 such companies exist in over 46 states. In Nashville, our research revealed three on-call chauffeur companies: Guardian Angel Drivers, noDUIride and Scooter Squad. Additional companies are located in Knoxville and Memphis.

These on-call chauffeurs are fantastic to the extent that they prevent even one drunk driving accident. However, there are some things consumers should consider when using these services:

· How are the drivers screened? Clearly, they should have a clean driving and criminal history?

June 12, 2014

Troubling News About Uber

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

For the reasons outlined in this prior post on the subject, we have been interested in the tort implications associated with Uber and similar ride-sharing services. Recently, we read some troubling comments from Uber’s CEO regarding an alleged assault perpetrated by an Uber driver. Apparently, an Uber driver allegedly choked a woman who was kissing her bi-racial husband in the back seat of the Uber car. The Uber driver denies this account and claims the woman was drunk and belligerent. To be sure, we do not know what happened and who is telling the truth about the incident. But, we do know this: following the incident Uber’s CEO emailed his press team telling them that “we need to make sure these writers (press) don’t come away thinking we are responsible even when things do go bad. . . these writers are starting to think we are somehow liable for these incidents that aren’t even real in the first place.“

To be sure, Uber’s CEO may have been correct: this alleged assault may have been contrived. But since his email was sent the same day as the attack, it is unlikely that he had the benefit of a full investigation into the matter to know one way or the other. Instead, his approach appears to be: deny, deny, deny. The fact that Uber’s CEO thinks he has no responsibility to his customers “when things do go bad” is alarming. However, it is unfortunately not unique. As injury lawyers, we see this approach taken time and time again, which is why we do what we do.

If you or a loved on has been injured and need to hold the at-fault party accountable and recover the damages you deserve, call our award-winning lawyers at either our Nashville or Murfreesboro office. Nashville 615-742-4880 . Murfreesboro: 867-9900. Toll-free 866-812-8787. We will review your case at no charge an we handle all accident cases on a contingency basis so we only get paid if we win.

June 12, 2014

More Uber News

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

It is not just U.S. taxi drivers who are upset over Uber. In some European cities yesterday, taxi drivers took to the streets without passengers yesterday to clog traffic in protest over the unregulated Uber. The protests in Europe focus on the same issues raging in the United States: licensure, training, insurance, fare regulation and safety. Uber is now valued in the $17 to $18 billion range, so this start-up is quickly turning into a giant. Uber’s liability to injury victims is an issue we are following closely as this type of service becomes more popular.

Views…News…And Reviews is keeping on close eye on Uber and similar companies.

May 12, 2014

Case Expenses in Tennessee Injury and Wrongful Death Cases

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

Virtually all, if not all, Tennessee personal injury and wrongful death lawyers will work on a contingent fee – which means the lawyer receives a percentage of the total recovery for the client in the case. If there is no recovery, the lawyer charges no fee whatsoever.

However, not all personal injury lawyers have the same approach on the question of expenses incurred during the preparation and trial of personal injury cases. Litigation expenses can be relatively small – $100 – $300 in a case involving minor injuries which is settled before a lawyer is filed – to hundreds of thousands of dollars in complex medical malpractice and product liability lawsuits.

Here are the common approaches to the issue of case expenses in personal injury and wrongful death cases in Nashville and throughout Tennessee:

May 5, 2014

Speed Limiters and Big Trucks: A New Law Is Coming Down the Road

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

Interstates 40, 65, 75, 24, and 81 cross through Tennessee, and Interstates 40, 65 and 24 run right through the heart of Nashville. Thousands and thousands of tractor-trailer rigs pass over these highways every day, and most of the operators follow act responsibly and obey the laws that govern the operation of these large vehicles.

Speeding can significantly influence the safe operation of a tractor-trailer. The first and most obvious factor is that high speed decreases a truck driver’s ability to react to a situation on the roadway. But, high speeds can also affect handling, stopping distances, the ability to safely deal with a tire blowout, etc. According to the Insurance Institute for Highway Safety, approximately 3,413 people die each year in trucking accidents. Because tractor-trailers can weigh 30 times more than passenger vehicles, not surprisingly, most of the deaths were occupants in the other vehicle.

In an effort to reduce the number of deaths in tractor-trailer and other big truck accidents, the Department of Transportation is scheduled to require all such trucks to use speed limiters by October of this year. The speed limiters or electronic governors would be set in the vehicle’s ECM or electronic control module. Notably, some trucking companies already use these speed limiters on their vehicles in an effort to reduce speeding by their drivers. The current proposal would set a speed limit of 68 mph on tractor-trailers and other heavy trucks.