Automobile Accidents

October 21, 2013

Share the Road: Part 2

In Nashville and other cities across Tennessee, pedestrian traffic has increased as more and more people have chosen to live in an urban environment that allows for easy walks to work, restaurants, bars, museums, and retail centers. Tennessee is also blessed with many beautiful roadways which walkers, joggers and runners use for exercise.

Now that the lovely fall weather is here and more people are getting out and about, let’s familiarize ourself with our basic rights and responsibilities as motorists and pedestrians:

1. Pedestrians have the right of way at all intersections and driveways.

October 20, 2013

Share the Road: Part One

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

With summer’s sweltering temperatures coming to an end, more Tennessee bicyclists and runners will take to the streets. So, it is a good time for all of us to remember our respective rights and responsibilities on the roadway. In Part One, we will start with bicyclists and Part Two will cover pedestrians.

Under Tennessee law, every person riding a bicycle is granted the same rights as operators of motor vehicles. Of course, bicyclists also owe certain duties. For instance, bicycle operators and passengers under age 16 must wear a helmet. All bicyclists must obey traffic signs and signals and the bike must be equipped with a head lamp and rear reflectors if riding at night. In addition, if a bicyclist is traveling at less than the normal speed of traffic, the bicyclists should ride as close as practicable to the right-hand curb or edge of roadway.

Conversely, motorists must respect the bicyclists right to be on the roadway and treat the bicyclist in the same manner it would another motor vehicle. This means using proper signals, passing only where it is permitted and when it can be done safely, not tailgating or following too closely, etc.

October 17, 2013

Football, Felonies, and Sports Bars Who Serve Alcohol to Drunks

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

Sports bars can be a great place to watch a football game: huge televisions, multiple games on at one time, wings, pizza and beer. In the fall, it is easy to see how an entire Saturday or Sunday afternoon can be spent at the bar watching college or professional football. Of course, if you have spent the day drinking, you have no business driving yourself home. Unfortunately, people do so, and innocent people become victims of drunk drivers and the bars that over-serve them.

In our last blog post, we discussed the criminal penalties for first time DUI, which is a misdemeanor. But if a drunk driver harms someone, in many circumstances, the conduct can rise to a felony. If a drunk driver is found guilty of vehicular assault (serious injury to another person by a DUI driver), then the offender has committed a Class D Felony which can result in license revocation from 1 to 5 years (a restricted license is not available), jail time of 2 to 12 years, a $5,000.00 fine and other costs such as attorney fees, bail, etc. Vehicular Homicide (a fatal crash caused by a DUI with a .08 BAC or more) is a Class B felony and is punishable by 8 to 30 years in prison and a fine of up to $25,000.00. Aggravated Vehicular Assault While Driving Intoxicated is a Class A Felony (requires proof of prior DUI offenses) and is punishable by 15 to 60 years in prison and a fine of up to $50,000.00.

In addition to criminal penalties for the drunk driver, the bar or restaurant faces misdemeanor charges if it serves alcohol to someone who is visibly intoxicated. The bar or restaurant that serves who over-served alcohol to a visibly intoxicated person who gives into a car and hurts others may be responsible for any harm caused by the drunk driver such as the victim’s medical bills, pain and suffering, lost wages, etc. This area of the law is called dram shop or liquor liability law. To learn more about the legal liability of bars and restaurants , follow the link.

October 17, 2013

Tailgating, DUI, and Drunk Driving Victims

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

It’s football time in Tennessee: the Titans, Vols, Commodores, and Blue Raiders are all well into their seasons. Saturdays and Sunday game day rituals often begin with a bloody mary and sausage balls during tailgate set-up and progress to hotdogs, chili and beer before game time. Once inside the stadium, many fans continue to imbibe. After the game, fans routinely tailgate some more while traffic congestion clears. The result is a long day of drinking. And unfortunately, too many intoxicated or buzzed fans will pack up their tailgate and drive home.

In Tennessee, first time drunk driver offenders will serve a minimum of 48 hours in jail and a maximum of 11 months, 29 days. With a BAC of .20 or higher, the minimum jail time is 7 consecutive days. In addition, the offender will lose his or her driver’s license for 1 year. The offender must participate in alcohol and drug program, pay fines, pay higher insurance rates, pay towing expenses, pay bail and for an attorney. The offender might also be ordered to install an Ignition Interlock at cost of roughly $1,000.00. Without question, even if you are not involved in an accident, DUI is a costly mistake.

But, if a drunk driver causes a crash and injures someone, the real cost is paid by the victim in the form of medical bills, lost wages, permanent impairments, scarring and disfigurement, emotional distress, pain and suffering, and injuries that could change a the life of the victim and his or her family forever. So enjoy the tailgating and the game, but remember a cab fare is down right cheap compared to the cost of drinking and driving. You do not want to live the rest of your life knowing that you harmed another human being in a drunk driving accident.

October 7, 2013

Risk of Fatal Car Wrecks Increase for Teenagers Drivers With Similar Aged Passengers

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

Teenagers who are riding with friends of a similar age are at increased risk of being in fatal accidents.

A recent study by the Texas A & M Transportation Institute finds that 15-to-17-year-old drivers are almost eight times as likely to get into a fatal accident when they are carrying two or more teen passengers. The study is based on an analysis of te n years of national traffic data notes that the 30 percent increase in deaths when other teens.

According to the study, from 2002 to 2011 the number of novice teenage drivers in fatal accidents dropped by 60 percent, but the percentage of fatalities that occurred when other teens were in the vehicle increased each year.

July 30, 2013

Pedestrian Deaths and Injuries Increasing, Nationwide and in Tennessee

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

Pedestrian deaths in traffic accidents nationally increased from 4109 in 2009 to 4432 in 2011, according to the United States Department of Transportation.

Deaths to men numbered deaths to women (3086 versus 1345) and 19% of the deaths were a result of hit and run accidents.

In Tennessee, 1221 pedestrians (including skateboarders, people on roller skates, etc.) were injured or killed in traffic accidents in 2010. Davidson County, Tennessee had 275 of those injuries and deaths. There were 83 pedestrian deaths in Tennessee in 2011; the number actually dropped to 68 deaths in 2012. Unfortunately, the 2013 death rate for Tennessee pedestrians in increasing. As of the date of this blog post, 46 pedestrian deaths have occurred. At this same time in 2012, only 35 deaths had occurred.

July 2, 2013

How Do I Pay For Medical Bills After A Car or Motorcycle Accident If I Don’t Have Health Insurance?

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

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 cash for the service. There are lots of people – about 48 million in the country – who have no health insurance and many of those people cannot pay cash for medical treatment.

There are only four options left for these people. One, borrow money from family or friends to see a doctor. Two, attempt to ignore the medical problem and hope that it will solve itself. Three, use the medical payments (also called "med pay") provision of the insurance on your vehicle to help pay for treatment. Fourth, ask your lawyer if he or she can make arrangements for a doctor to treat you – a doctor who will forgo seeking payment until after you case resolves.

It is a mistake to assume that the at-fault driver’s insurance company will pay for treatment. They may accept responsibility for the accident, but the at-fault driver’s insurance company will almost never pay medical bills for you as they are incurred. It is possible this insurance company will reimburse you for the bills at the time your treatment is complete and you are ready to settle the entire claim, but they will not give you money in advance of treatment or let your doctor bill them for treatment.

July 1, 2013

“Shut Up and Drive” – Voice Activitated Text Message Devices in Vehicles

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

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 use their voice, rather than their fingers, to send text messages. The system is similar to Siri on a i-Phone, but it is actually part of the vehicle’s electronic system. Ford and Toyota already have such systems in some vehicles. And while intuitively the idea seems like a good one for reducing distracted driving, studies show it is not an improvement at all. According to the AAA, hand-free voice messaging causes a “large” amount of mental distraction. In addition, Texas A & M Transportation Institute has found hands-free texting was just as distracting as a driver who actually uses his hands to text. Both methods slowed driver’s reaction times to almost two times that of a non-distracted driver. Without question, distracted driving is dangerous. And so, the best and safest advice remains to simply shut up and drive. Coming from someone who remembers the days of finding a pay phone if you wanted to talk to someone while out on the roads, pull over if your text message can’t wait until you reach your destination. You might just save your life or someone else’s.

June 25, 2013

Do I Have to Give A Statement to The Insurance Adjuster?

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

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 of our lawyers on how to give a proper statement.

We are not suggesting that we ever permit a client (or a witness) to change his or her testimony. Nor to encourage a client (or witness) to do so. But preparation for a recorded statement (and they are almost always recorded) greatly reduces the chance of an error that can harm the case.

On the other hand, you probably do have a contractual obligation to give a statement to your own insurance company. Your insurance policy probably requires you to do so. Once again, it is best that you seek the advice and help of a lawyer before giving the statement.

June 14, 2013

Traffic Deaths in Tennessee Are Way Below That of 2012

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

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 70 people.

Motorcycle deaths are down 25%, from 60 to 45. Bicyclist deaths are down almost 50%, from 7 to 4.