Automobile Accidents

July 4, 2012

Damages in Car Accident Cases in Tennessee

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.

April 29, 2012

Drunk Driving Arrests Increase in Tennessee

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

The good news is that the overall crime rate in Tennessee has decreased. The bad news is that the report reveals that a total of 26,340 people were arrested for DUI in 2011, an increase from the 24,154 arrests made in 2010.

Here is some more data about those arrested from driving under the influence in Tennessee in 2011:

19,845 of those arrested were male and 6495 were female
22, 415 of arrestees were White and 3201 were African American
the age group with the most arrests was age 25-34 (both males and females)

Driving under the influence takes the lives of hundreds of people every year and injures many more. If you choose to drink alcoholic beverages, be sure to limit your alcohol consumption to an amount that will not impact your ability to drive safely.

April 17, 2012

Can Jurors Ask Questions At A Tennessee Auto Accident Trial?

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

I have been summoned to jury duty in civil court. Am I going to be able to ask questions of the witnesses at trial or do I just have to sit there and listen?

Relatively new changes to Tennessee law permit jurors to ask questions under certain circumstances. The judge will instruct you what to do if you want to ask a question.

Do not be offended if the judge refuses to ask the question you want to ask. The law of evidence prohibits a jury from considering some types of information. (For example, you cannot know that the person who is being sued has liability insurance that will pay any money owed. You also are not ordinarily permitted to know about settlement discussions.) In addition, the evidence may be presented at a later time in the trial and judge may want the evidence to be introduced at that time.

April 16, 2012

Holding a Negligent Car Driver Responsible For Payments in Excess of the Insurance Limits

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

The guy that hit me in my Lebanon, Tennessee car accident has limited insurance but I know he has assets. Can I get insurance money and then go after him individually for the difference?

In Tennessee most insurance companies will continue to defend their insured driver even if they have offered insurance policy limits but the injured party refuses to accept them because the value of the case is far more than the insurance available.

So, ordinarily you will have to determine whether you want or need the insurance money (if it is offered to you) or if you are willing to press for more money from the insured at-fault driver individually and thus wait to collect the insurance money.

April 13, 2012

Injuries and Deaths of Tennessee Bicyclists

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

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.