Tennessee Injury Law Center

May 17, 2012

Under-Insured Drivers

I remain amazed at people of means who do not maintain sufficient liability insurance on their vehicles and homes.

The most frequent problem we see is with middle-income people who are driving around with "25 / 50" or "50 / 100" liability insurance policies on their cars. A "25 / 50" policy is one which provides a negligent driver with insurance protection of $25,000 for any one person they hurt or kill in an accident, up to a total of $50,000 for all persons hurt or killed in an accident. A "50/100" policy, provides a negligent driver with up to $50,000 worth of insurance protection for any one person they hurt or kill in an accident, up to a total of $100,000 for all persons hurt or killed.

If there is insufficient insurance to pay the damages caused, the driver is personally responsible for the balance of the damages. Thus, if a negligent driver with a "25 / 50" liability insurance policy on his car causes injuries to another person worth $50,000, the negligent driver is responsible for the $25,000 his insurance company does not pay.

May 12, 2012

Golf Carts on Public Streets Not Only Illegal But Unsafe

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

Two recent tragedies in Middle Tennessee remind us that golf carts have no place on public streets.

One fifteen year old boy was killed (and several other youths hurt) in one incident and three girls were hurt in a separate incident.

People use golf carts to get around neighborhoods, using public streets to do so. They assume that the golf carts are safe because they operate at relatively low speeds.

May 9, 2012

Jury Trials in Nashville, Tennessee Circuit Court in March 2012

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

There was a relatively large number of jury trials in the Circuit Court for Davidson County (Nashville), Tennessee in March, 2012. Here are the results

Automobile Cases

Plaintiff awarded $8248
Plaintiff found 50% at fault and case dismissed (2 cases)
Defense verdict.
Plaintiff awarded $5000

Health Care Liability Cases

May 8, 2012

Injuries in Medical Transport Vehicle

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

Nashville and other parts of Tennessee has a large number of medical transport vehicles. These vehicles are usually vans that transport people to doctor visits, medical tests or physical therapy.

The drivers of these vehicles must be very attuned to the special needs of their passengers. For example, if the passenger is in a wheel chair, the passenger must be secured in the chair and the chair in the van before the van is moved. Failure to do so can result in the passenger being ejected from the chair in a sharp turn, sudden stop, or a collision with another vehicle.

Improper loading or unloading medical transport vehicles may also result in injuries.

May 8, 2012

Understanding Tennessee’s Dog Bite Law

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

We have recently updated the Law Offices of John Day, P.C. website to share more information about Tennessee dog bite law. Dog bite victims can learn both about the law of dog bites and about the types of claims that may be made to recover damages in dog bite cases.

Our website also explains the availability of insurance covering dog bite injuries, educating both dog owners and the victims of dog attacks.

We offer free consultation to all those who have been injured by a dog attack. Contact us at 866-812-8787 or fill out the contact form to the right – we will be honored to help you determine if you have a valid case.

May 6, 2012

Liability for Injuries Caused by Carbon Monoxide Poisoning In Campers and RVs

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

The Tennessee General Assembly has passed a law mandating that all rental campers and motor homes include a functioning carbon monoxide detector. The failure to do so gives rise to an action for damages, including the recovery of attorney’s fees.

The law was sponsored by Senator Tim Barnes of Clarksville, Tennessee. Clarksville was the site of a horrific incident on September 18, 2011 where five people died of carbon monoxide poisoning. The victims were attending a function held by Bikers Who Care and thus the new law is called the "The BWC 5 Act" in honor of those who died. The recreational vehicles involved did not have functioning carbon monoxide detectors.

Carbon monoxide is a deadly gas. Because it is odorless, colorless, and tasteless, the gas is very difficult to detect. It is a product of gasoline-powered tools, heaters, generators and cooking equipment. Carbon monoxide detectors are used to identify and warn about the presence of this toxic gas.

May 3, 2012

Tennessee Motorcycle Accident Information

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

The Law Offices of John Day, P.C. has recently updated its website to share information about claims arising from Tennessee motorcycle accidents.

Information is power, and our law firm has a long history of empowering consumers with knowledge of the legal system. Indeed, in the early 1980s, John Day taught basis consumer law on a volunteer basis in two different Nashville high schools and other classes for adults.

If you or a family member was involved in a motorcycle wrec and are attempting to understand your rights, the following links will be very helpful to you:

May 2, 2012

Tennesee Trucking Accident

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

The Law Offices of John Day, P.C. has recently updated its website to share more information about Tennessee truck accidents with those injured as a result of truck driver or trucking company negligence.

The following links will guide you to information about trucking accidents and your legal rights.

It is essential to remember that a victim of a truck accident must act quickly to protect his or her legal rights. Tennessee law proviides that cases arisisng out of truck wrecks must be filed within one year of the date of the incident, but more prompt action is required because important evidence is often lost in the days following the accident.

May 1, 2012

Criminals Cannot Avoid Financial Responsibility for Their Crimes By Filing For Bankruptcy

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

Those who rape, murder, beat up, or steal from others are not only committing crimes – they also can be sued for monetary damages for the harm they cause. As Tennessee personal injury lawyers who represent crime victims, one frequent question is the availability of resources of the criminal to compensate crime victims

Of course, sometimes it makes no sense to file a lawsuit against the criminal because he or she does not have any money and will be spending time in prison. However, there are some criminals have assets and those assets can be used to compensate the crime victims.

It is important to know that a criminal who is ordered to pay damages to his or her victim cannot escape that responsibility by filing bankruptcy. Many types of debts of a person filing bankruptcy are wiped out in the bankruptcy process, but debts arising from intentional conduct are not.

April 30, 2012

Lawsuits Seeking Damages For Crime Victims

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

Assault, rape, sexual abuse, theft, and murder are not just crimes. They also give rise to a right for the victim to seek damages for the harm caused.

Our firm has represent victims for each of these crimes and brought lawsuits against those who committed the crimes or those who negligently allowed the crimes to occur.

We have successfully sued a motel who did not have proper security on site, resulting in the rape of a guest. We have successfully represented several women who were raped in their apartments – their landlords did not have proper security. We have sued a day care center for allowing a sexual deviant to work with children, resulting in sexual abuse to our young client. We have sued several churches for allowing those with a history of sex crimes to be in the present of children – children who were later sexually abused. We have represented two young girls who were sexually victimized by an adult neighbor, and the family of a murder victim.