Automobile Accidents

August 27, 2012

Pedestrians Injured in Crosswalks on Nashville, Tennessee Streets and Highways

Tennessee law offers special protections to pedestrians who are injured while crossing a Nashville street or highway within a crosswalk.

Ordinarily, people within the crosswalk have the right-of-way, and the operator of an automobile, truck, or other vehicle must yield the right-of-way. Of course, a pedestrian cannot suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

Tennessee law also provides that whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. This law also protects pedestrians from injury.

August 22, 2012

Why Has Some Lawyer Written About My Car Accident on His Blog?

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

Why do lawyers write blog posts that discuss someone else’s car wreck?

This lawyer is doing two things. First, he is hoping that the person who was injured in the wreck will Google the accident, find his post, and then hire him to help with all any potential lawsuit. This is direct marketing, pure and simple. There is no legal ethics rule that prohibits this conduct.

Second, this attorney is trying to put something on his blog to keep it current in the hope that it will rank higher in search engines like Google. Google likes new content. So, rather than write something substantive that actually will do readers some good, these lawyers write about accidents in an effort to inject the key words used in searches onto the Internet..

August 14, 2012

Tennessee Uninsured and Under-insured Motorist Insurance Coverage

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

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is also available (and very important) for motorcycle owners because it will provide protection for the riders in the event of a Tennessee motorcycle accident with an car or truck that does not have sufficient liability insurance.

This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. This type of insurance also protects you when the driver that causes a wreck has inadequate insurance coverage to pay for the harm caused to you. This is called "under-insured motorist coverage."

Both types of insurance must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured and under-insured motorist coverage unless you waived your right to have it in writing.

July 16, 2012

Deadlines for Filing Personal Injury Cases in Tennessee

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

As a Tennessee personal injury lawyer, I receive at least one call every week from a potential personal injury client who has waiting too long to hire a lawyer to get help with filing a lawsuit. Recently, I had calls from three people in one week who called me too late for help.

There are lots of reasons you should call a lawyer quickly after a Tennessee auto accident or other event in which the negligence of another resulted in a serious injury, but one reason for prompt action is the delay can make it impossible to hire a lawyer who can help you.

Why do people wait to hire a lawyer? Some people think that they can resolve the personal injury case on their own, without any legal advice. Of course, sometimes that is true: a lay person may be able to settle a personal injury case without the assistance of a lawyer. For instance, car accident cases that involve only property damage, or that involve one trip to the emergency room and no other medical treatment frequently can be resolved without the help of a lawyer.

July 4, 2012

Damages in Car Accident Cases in Tennessee

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

A person who suffers an injury in Tennessee automobile or truck accident as a result of the negligence of another person has a right to recover damages for their injuries. As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident injury victim can recover damages for the following:

medical expenses
lost wages
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for

July 3, 2012

How Does Liability Insurance Work in Tennessee Automobile Accident Cases?

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

As Tennessee automobile accident lawyers the Law Offices of John Day, P.C. deals with automobile liability insurance policies on a daily basis.

Auto liability insurance (a) provides you will a lawyer in the event you are claimed to have caused a auto accident and (b) provides you some dollar of insurance protection in the even that you are determined to have caused the accident and someone else is injured or killed . Conversely, if you are injured in a wreck because of the fault of another driver. the liability insurance he or she has purchased will be the typical source of any financial recovery you can make for your medical bills, loss of income, and other damages recognized under Tennessee law.

In Tennessee, all drivers are required to carry a minimum amount of automobile liability insurance, specifically $25,000 per person with a cap of $50,000 for each wreck. This is usually expressed as a “25/50” policy.

June 19, 2012

10 Things To Do If You Are Involved in a Tennessee Car Accident

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

There are hundreds of car accidents in Tennessee every day, and any case involving personal injuries may result in litigation. Thus, it is important to take certain steps immediately to protect your rights.

At the Law Offices of John Day, P.C., we recommend the following:

1. If you can move, determine the well-being of all others involved in the accident. If anyone is injured, call 911 and seek help.

June 12, 2012

Help! I Was In A Car Wreck and Doctors Keep Calling Me!

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

As Nashville automobile accident lawyers, more and more people are telling us that after they are in a wreck they are getting calls from doctors offering their services. Most of these doctors are not medical doctors but rather chiropractors. And, some of these chiropractors tell the accident victim that they will refer them to a lawyer to help them get their medical bills paid and make a financial recovery from the accident.

How do the chiropractors know about the accident? They obtain accident reports and make telephone calls to the person they believe was not at fault.

I recommend that you stay away from these "services." I believe you are much better served – both medically and legally – seeing your regular physician or a specialist he or she recommends (or the emergency room recommends) than seeing a chiropractor who calls you after a wreck. If you do not have a regular physician, ask a friend or family member for a recommendation.

May 23, 2012

Why is My Past Medical History Important in My Personal Injury Lawsuit?

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

As Tennessee personal injury lawyers, we spend of time listening to our clients explain about injuries they received in car wrecks, truck accidents, and lots of other situations. One frequent question we are asked is whether the insurance company defending the case will be able to explore the client’s medical history.

A person’s medical history is important in any case in which he or she is claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. The medical history establishes the baseline of the person’s physical or psychological well being before the injury. Tennessee law requires medical evidence to show that a negligent act caused an injury, so a medical history can establish the lack of any prior problem that our client complains was caused in a car wreck or other event.

Tennessee law provides that you may not recover damages for physical and mental suffering from prior medical problems or medical care to treat those pre-existing problems. However, when a preexisting condition is made worse y the wrongful act of another person byou can recover damages for the worsening of the condition. Your medical history will be important to proving this claim – your lawyer will have to show what the condition was before you were injured and, with the assistance of testimony from a doctor, how the injury made that condition worse.

May 17, 2012

Under-Insured Drivers

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

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.