Federal law limits the amount of time that over-the-road truck drivers can operate a truck. Effective July 1, 2013, the Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of Transportation changed the hours of service rules in an effort to reduce driver fatigue and deadly accidents involving…
On July 8, 2013 the first of four back-to-back transvaginal mesh trials begins in a federal courtroom in West Virginia. The results of these trials have implications for Tennessee women who have been injured by transvaginal mesh products inserted in them for pelvic organ prolapse and stress urinary incontinence. What…
We receive calls almost every day from people who have been in a Tennessee car, motorcycle or truck accident and are unable to get medical treatment because they do not have health insurance. Many doctors refuse to see accident victims unless they have health insurance or are willing to pay…
While on opposite ends of the music spectrum, Chely Wright and Rihanna were in tune on some good advice: shut up and drive. While the dangers of texting and driving are well known, drivers still do it. So, the automakers are now rolling out vehicles that allow a driver to…
Sexual abuse of a child is not only a crime that can (and should) result in criminal charges against the abuser. It is also wrongful conduct that makes the abuser liable for damages in a civil lawsuit. Civil wrongs are called "torts." There are lots of categories of torts,…
Tennessee law permits the recovery of funeral and burial expenses as part of the damages in a wrongful death lawsuit. The case law is unclear about whether there is any limit on the amount of funeral and burial expenses that may be recoverable. Presumably, the law permits only the recovery…
Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit. However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a…
You have no legal obligation to give a statement about the events giving rise to a Tennessee automobile, truck or motorcycle accident to the adjuster to the at-fault driver’s insurance company. We typically recommend that our clients do not give such a statement, especially before they are prepared by one…
The Tennessee Highway Patrol reports that deaths in traffic accidents are significant’y lower in 2013 than they were at this point in the year in 2012. By this date last year, 458 people in Tennessee had died from traffic related accidents. This year, 388 people have died, a drop of…
The Law Offices of John Day, P.C. website has just added some new material on the damages that can be awarded to Tennessee personal injury victims. The new pages on our website address the issue of the limits on damages in Tennessee cases after the new tort reform law and…