Automobile Accidents

August 31, 2012

Injuries To Children From Riding in the Back of Pick-Up Trucks

Tennessee law provides that it is illegal for children under the age of 6 to ride in the bed of 3/4 quarter ton or less pick-up trucks while the trucks are being operated on any local, county or state road.

Exceptions are made for parades and similar events if the speed of the truck is less than twenty miles per hour and when the child is in the truck bed in connection with agricultural activities.

Tennessee counties are given the express right to enact ordinances to raise the age limit from 6 years of age to 12.

August 30, 2012

Safest Drivers in Tennessee

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

The 2012 Allstate America’s Best Drivers Report says that Chattanooga and Knoxville have better drivers than Nashville and Memphis.

Drivers in Chattanooga ranked 26th on the Best Drivers List, with drivers having an average of 11.4 years between accidents. This means that drivers in Chattanooga were 12% less likely to have an accident than the national average.

Knoxville beat out Chattanooga, ranking 9th on the national list. Drivers there had an accident on the average of every 12.2 years. Knoxville’s relative accident likelihood was 18.1% less than the national average.

August 29, 2012

Tennessee Auto and Truck Accidents Caused By Drivers Leaving Parking Lots

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

As car and truck accident attorneys serving people in Nashville and across Tennessee, we receive many calls every year from people who were injured when another driver pulled out of a parking lot and collided with the caller’s car on a public street.

Tennessee law has very strict rules concerning the responsibilities of a person who leaves a private parking lot and pulls into a public street. The law provides that the driver leaving a parking lot must yield the right-of-way to pedestrians and all vehicles approaching on the roadway. The failure to do so means that the driver is negligent as a matter of law and is legally responsible for harm caused by the error. This Legal Guide discusses the damages that may be recovered in Tennessee auto and truck accident cases.

If you or a loved one is injured in any type of motor vehicle accident, we would be honored if you would give us a call and allow us to help you. We have over 30 years of experience in this type of litigation, and will have an initial consultation with you at no charge (and no obligation) whatsoever. Call me, John Day, at 615.742.4880 or toll-free at 866-812-8787 to discuss your case or, if you wish, complete this Contact Form and we will promptly call you.

August 28, 2012

Blind Pedestrians Extended Protections Under Tennessee Law

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

Blind or visually-impaired pedestrians using a white cane or stick (or white cane or stick tipped in red) or guided by a guide dog or a dog with a blaze orange lease has the right-of-way while crossing any public street in Tennessee

Vehicles who seek such persons must bring their vehicle to a complete stop and take all reasonable precautions before moving the vehicle to avoid injury to the visually-impaired person.

Violation of this law is a Class C misdemeanor.

August 27, 2012

Pedestrians Injured in Crosswalks on Nashville, Tennessee Streets and Highways

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

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.