For Valentine’s Day, I received a gift card for a spa. When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims. Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible. There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated. Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities. As such, we thought it would be good to review what exactly is a release of all claims. Continue reading
The most common cause of a bike accident is collision with a car or truck. Not surprisingly, given the disparity in weight and protection between a bicycle and car, the bicyclist typically suffers serious injuries. Most bicycle accidents occur in urban areas and are caused by a car or truck driver failing to yield. According to the Department of Safety, there were 370 bicycle accidents in Tennessee in the most recent data year. So, if you are a bicyclist, do you know what to do after a bike accident? Do you know what insurance covers a bicycle accident? Do you know how to make a claim for a bike accident? And do you know how long it is going to take to recover from a bike accident? Continue reading
We have a 16-year-old in our house so we have recently re-experienced the thrill of being able to drive. For those of us who do not live in walkable cities, driving is independence. It is being able to go where you want when you want. However, today’s post is going to focus on two situations in which you should not drive. Steps are underway for technology to prevent you from driving in one instance. In the other instance, the completely unsophisticated but powerful pen and paper will help you know when not to drive. Curious? Read on. Continue reading
Fatal car accidents are falling in most countries but not the United States. Why is that? Like most complex problems, there is not a singular cause, and some of the causes are uniquely American. For instance, in Europe, 75% of the vehicles have manual transmissions. In the U.S., only 4% of the vehicles on the road have manual transmissions and, since 2018, only 2% of the vehicles sold have manual transmissions. Why is this important? You need two hands to drive a manual transmission – one to hold the steering wheel and one to shift. Unless you have three hands, a manual transmission makes it more difficult to use a phone while driving. Read on to learn more and what you can do to protect yourself.
According to the experts, other major reasons for the number of fatal car accidents in the US are:
- A lack of sidewalks and dedicated bike lanes
Last week, we told you that Tennessee ranked as the 7th worst in the nation for car accidents and how to protect yourself with uninsured/underinsured motorist coverage. Unfortunately, Tennessee also ranks 7th worse in the nation for accidents involving trucks, so this week we have advice for you in the event you are injured by a large truck. Continue reading
How are you doing on your New Year’s resolution? Whether you love them or hate them, resolutions are a New Year tradition for most people. The purpose, of course, is to identify areas in your life for improvement and then resolving to stop doing the bad things or begin doing beneficial things. The overwhelming majority of resolutions take time and, unfortunately, the majority fail. Lucky for you, the award-winning attorneys at the Law Offices of John Day have a resolution for your New Year that is easy, does not take much time at all but could make all the difference in the event you are involved in a car accident. Continue reading
Tennessee is one of the worst states for drunk driving, ranking 12th according to Forbes. And, according to the most recent data, despite decades of awareness campaigns, drunk driving fatalities in the United States have actually increased by 14% over the last year.
At the Law Offices of John Day, we see the horrible impact of drinking and driving. Every year, we represent multiple clients who have been injured or lost a family member to drinking and driving, so we are deeply committed to preventing these tragedies and ensuring the safety of our community. By sponsoring Lyft rides, our firm hopes to help people in Rutherford County make smart decisions about how to get home on New Year’s Eve.
Before we talk about the possible end of right on red, let’s talk about how it got started. During the 1970 energy crisis, the federal government launched two initiatives in an effort to reduce fuel usage. The first was the 55-mph speed limit for fuel efficiency. The second was the right on red concept. Experts believed that allowing right turns on a red light would permit motorists to keep moving and help reduce fuel consumption. Continue reading
Litigation is fighting with rules, confrontation with a referee. Most people do not enjoy confrontation, and for others, it brings out their worst. If you are involved in litigation or have a claim that may result in litigation, please take our advice: don’t get cute. A few news articles lately have shown what happens when people try to get cute during litigation. Continue reading
The first person killed as a pedestrian in the United States was Henry Bliss. In 1899, Mr. Bliss had just exited a streetcar when a New York City taxi struck and killed him. More than a century later and despite significant advancements in technology and awareness, pedestrian deaths continue to rise in the U.S.. This seems to be a uniquely US problem according to research by Rutgers University and Virginia Tech. After studying 28 years of data and comparing it to four other countries comparable to U.S. in both affluence and travel, the four other countries substantially outperformed the United States in reducing pedestrian deaths. Read on to learn more about the results and ways you can help to decrease pedestrian accidents. Continue reading