This is the season when our streets and highways begin to be filled with bicycles.
Bicycles are treated like vehicles on our roadways and, in general, those operating bicycles have the same duties and responsibilities as those driving cars and trucks.
By the same token, bicyclists enjoy the same rights as other drivers. Thus, all drivers have a duty to exercise a proper lookout for bicyclists and to operate with due care when in the vicinity of a bicyclist.
Certain cochlear implants previously sold by Advanced Bionics and implanted in Tennessee residents and other people across the nation have been recalled.
The implants were placed into the head of the deaf and supposed to work by directly stimulating auditory nerves leading to the brain by means of an electrode array positioned in the choclea of the inner ear.
The Advanced Bionic implants that are the subject of the recall were marketed under the name "HiResolution Bionic Ear System." The implants were first made available in 2003. Unfortunately for the patients who had the system implanted, the devices leaked and the moisture that seeped into the implant caused it to fail. The result? The devices need to be removed, forcing the patients to endure yet another surgery to the head. More importantly, the replacement device that is implanted may not function appropriately because of tissue or nerve changes arising from the explant surgery or other causes and, even if this problem is avoided, the patient must go through what is in essence a relearning process to gain the same level of auditory function as they had before.
My car was hit by a truck in Mt. Juliet, Wilson County, Tennessee. How much time do I have to file a lawsuit against the truck driver and the trucking company?
Tennessee law ordinarily requires that such cases be filed within one year of the date of the accident.
There are a couple exceptions to this general rule, but you should not assume that you have more time unless an experienced Tennessee truck accident lawyer familiar with all of the facts advises you that you have more time to file suit.
A large number of claims concerning transvaginal mesh products manufactured by various companies are working their way toward trial.
The manufacturers of the products include C.R. Bard, Boston Scientific, American Medical Systems, and a division of Johnson & Johnson (Ethicon).
These products were used in thousands of woman to repair pelvic organ prolapse and female stress uninary incontinence. The products have been linked to severe complications, including erosion of the mesh into the vagina, recurrence of urinary problems, pelvic organ prolapse, vaginal mesh extrusion, and pain.
I was riding as a passenger on a jet ski at Center Hill Lake near Smithville, DeKalb County, Tennessee. The PWC operator was driving real close to the shore at a high rate of speed and hit a big rock. He lost control of the jet ski, I got flipped off, and tore the rotator cuff in my shoulder. Is he responsible for my medical bills?
More details are necessary before your case can be evaluated properly but generally speaking it is considered reckless driving of a personal watercraft device (jet ski) to operate in too close to shore. If the operator is determined to have been operating in a reckless or negligent fashion, he or she can be held liable for your medical bills. In addition, you may also receive compensation for your lost earnings, future lost earnings, pain, suffering and disability.
Remember that as a passenger you too have a responsibility to exercise reasonable care for your own safety any time you are on a jet ski. If the operator is engaging in horse play it is your responsibility to encourage to operator to behave appropriately and, if he or she fails to do so, to get off of the jet ski as promptly as it is prudent to do so.
I was in a car accident caused a guy driving a dump truck for Springfield (Robertson County), Tennessee public works department. Can I sue the city and recover damages for the injuries I received?
Yes. In Tennessee, local governments cannot be sued under many circumstances but they can be sued if an employee driving a vehicle on the business of the city (or county) causes an accident and there is property damage or personal injury as a result.
However, the damages in such a lawsuit are limited to no more than $300,000 for any one person injured or killed in the accident and no more than $700,000 total if multiple people are injured or killed. Property damage claims are limited to $100,000.
I was in a car accident in Dickson, Dickson County, Tennessee. A witness said the accident is partially my fault and partially the fault of the other driver. What happens if I am determined to be partially at fault?
Under Tennessee law, if a person who is injured negligently contributed to his or her own injuries the damages that can be recovered are reduced proportionately. This principle is part of our "comparative fault" law. The law "compares" the negligent conduct of each person or entity that contributes to cause an accident.
This is best explained by an example. Assume that Sally was hurt in an automobile accident that occurred at an intersection when Bill ran a red light and his vehicle hit the side of her car. Assume that the the case is not settled and a jury later determines that Bill is mostly at fault, but that Sally is also at fault because she was speeding. The judge will tell the jury to assign a percentage of fault to Bill and Sally, and the jury determines that the accident was 90% Bill’s fault and 10% Sally’s fault. (The fault percentages must always total 100%). Also assume that the jury determines that Sally’s total damages (medical bills, lost wages, pain, suffering, etc.) entitle her to compensation in the amount of $100,000.
Deaths from car and truck accidents in Tennessee have increased in the first three months of 2012, an unusual result given the general decline in accidents, injuries and deaths in the past few years.
238 people lost their lives on Tennessee highways in the first three months of 2012. In the same period last year, only 186 deaths were reported. The 52 additional deaths represents about a 30 percent increase.
The increase in the number of deaths is largely from automobile accidents. Death rates for accidents involving trucks are down slightly. Pedestrian deaths are also down from the same period in 2011.
The Circuit Court Clerk’s Office has released the data concerning tort jury trials in Nashville and Davidson County for February, 2012. "Tort" cases are civil lawsuits involving injuries, death or other losses from automobile accidents, truck crashes, fall-downs, medical malpractice, dog-bites, and any other type of event that causes injury or death
Only four tort cases were tried to juries in the entire month, and three of them were medical malpractice (now called "health care liability") cases. One of those cases was settled after jury selection and opening statements – the amount of the settlement was not disclosed. One health care liability case resulted in a mistrial and the other resulted in a verdict for the health care providers.
The only other trial was a personal injury case. The Court directed a verdict for the defense in that case, and thus a jury was not permitted to decide it.
I was hit by a Post Office truck. How do I get my medical bills, lost wages, and other compensation paid to me?
If the truck was in fact owned and operated by the U.S. Post Office, you must file a formal notice of claim with the Post Office. You must do this within two years of the date of your accident. The Post Office then has at least six months to deny, approve, review or negotiate the claim. If the claim is not resolved in six months, you have the right to file suit in federal court to protect your rights.
The claims and lawsuit process can be very complicated. You would be wish to consult with a lawyer before taking legal action. Our firm, the Law Offices of John Day, P.C., has handled claims against the federal government on many occasions, most recently resolving a medical negligence claim against a Veteran’s Administration Hospital.
