Tennessee Injury Law Center

June 29, 2014

Texting While Driving Now a Greater Risk to Teens than Smoking

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.

May 1, 2014

Mom and Dad Are Just Distracted As Everyone Else

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

Distracted driving is an epidemic and apparently no one is immune. According to a recent study, 90 percent of parent drivers have engaged in distracted driving with their child in the car with them. The distractions range from talking on the phone, texting while driving, handing a child food or a toy, interacting with the vehicle’s navigation system, etc.

The dangers of this type of behavior are two-fold: First, as any parent can attest, children tend to mirror their parent’s behavior. If parents engage in distracted driving, children are more likely to model that type of behavior when they begin driving. Second, distracted driving is dangerous and the cause of many avoidable accidents. In 2012, 421,000 people were injured in car wrecks involving distracted drivers, an increase of nine percent from the previous year. And each year, more than 130,000 children under the age of 13 seek emergency room treatment for injuries sustained in a car accident.

If you or a loved one has been injured in a car accident, contact us for a free, no obligation evaluation of your case. Call us any time at 615-742-4880 or toll-free at 866-812-8787. We handle all accident cases on a contingency basis.

April 9, 2014

Auto Recalls and Cover-Ups

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

Last month, Toyota reached a $1.2 billion settlement with the United States Justice Department to resolve allegations that the automaker had covered up defects in its cars. Of course, this was after earlier paying $66 million for failing to timely report problems with unintended acceleration in its vehicles.

This month, General Motors is under fire for concealing defects in the ignition switches of more than 1.37 million vehicles which has been linked to 13 deaths. And, the U.S. Department has also filed a criminal action again G.M. alleging it concealed brake problems in its vehicles. Last year, Ford was fined $17.4 million dollars (the maximum fine at the time) for delaying a recall of the Ford Escape when the automaker knew the gas pedals could become stuck.

There appears to be an alarming trend of automakers covering up defects and delaying recalls. By law, automakers must report safety defects to the National Highway Traffic Safety Administration (NHTSA) within 5 days of becoming aware of an issue. In addition, the National Highway Traffic Safety Administration can open its own investigation if it notices a trend in consumer complaints or accident information.

April 8, 2014

New Hope for Patients with Paralysis

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

In the United States, over 6 million Americans suffer with paralysis. Some of the injuries were induced by traumatic spinal cord injuries. Others were the result of medical conditions such as stroke or medical malpractice in the form of birth injuries and otherwise.

But, there is new hope in the form of implanted electrical devices. The devices are implanted under the skin of the abdomen and electrodes are then placed at the patient’s spinal cord. Then, the device sends electrical impulses to the spinal cord which basically reboots the neurons and retrains the nerves.

In a recent study, four patients who were all left paralyzed from car accidents and motorcycle accidents have been able to retrain their damaged nerves allowing them to voluntarily move their affected limbs. While none of the patients have learned to walk again, one of them has been able to stand for as long as 27 minutes.