Bus Accidents

June 24, 2011

My Neighbor Says I Don’t Need An Attorney in My Car Wreck Case

I was hurt in a car wreck. It was not my fault. My neighbor doesn’t think I need a lawyer because I did not get hurt. Is she right?

If you weren’t hurt you probably do not lead a lawyer to assist you unless you have difficulty getting the other driver’s insurance company paying for the damage to your case. Usually, property damage claims can be worked out without legal advice.

If you had been injured in the wreck, you may well have needed the advice of an experienced personal injury lawyer. Our firm does not charge for an initial consultation with a potential client.

March 23, 2011

Can My Statement on the Accident Report Be Used?

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

I was in a wreck. The police took a statement from me but she did not accurately put down what I said in the accident report. Can the accident report be used against me in a personal injury case?

Yes, but not directly. In most cases, the accident report cannot be admitted into evidence in a Tennessee state court. However, the police officer who you asked you questions can be subpoenaed into court and asked what you said to her. She will be given the right to review report, which may well be all that she remembers about what you said to her. Therefore, if the officer recalls only what is in the report and will not agree that the report is or could be wrong, the evidence of your statement as set forth in the report (technically, the officer’s testimony about that statement) can be used against you.

February 22, 2011

I Think I Am Under Surveillance

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

I have a pending personal injury claim from a wreck with a truck. I think someone is following me around and photographing or videoing my activities. Can insurance companies do that?

Yes, within certain limits. It is not uncommon for insurance companies to use surveillance to determine what task you can perform. The private investigators look to "catch" you performing sports activities, yard work and other physical labor that they say is inconsistent with the limitations and physical injuries you are claiming in litigation.

This is something that you need to discuss with your lawyer as soon as possible.

February 17, 2011

Can A Parent of an Adult Child File a Personal Injury Case for the Adult Child?

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

My 22-year old son was hurt in a car wreck. Can I file a lawsuit for him?

No, unless he is so severely injured or suffers from some type of disability that he is deemed incompetent. If he is incompetent, there are formal proceedings which must be filed to have him declared incompetent in the eyes of the law. If that happens, a conservator will be appointed and he or she will have the power to file or defend a lawsuit. If you are appointed the conservator, you would have that right.

However, if your son is competent, he is the only one who can file suit on his behalf. You can help him find a lawyer and can give him assistance in preparing the case, but the decision to file and the right to file is his and his alone.

February 17, 2011

What Damages Can A Parent Recover in a Personal Injury Case for a Minor Child?

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

My son was bit by a neighbor’s dog. What rights do I have in a lawsuit against the dog owner?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

February 15, 2011

Can I Bring A Lawsuit For My Daughter?

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

My 10-year old daughter was hurt in a car wreck. Her dad and I are divorced. Can I file a lawsuit on her behalf?

Yes, if you are the custodial parent you are permitted to bring a lawsuit on your daughter’s behalf. If you are not the custodial parent the appropriate person to bring the lawsuit is your daughter’s father ( I assume that he is the custodial parent).

Even if you are the custodial parent and have the right to file suit, you should work with the child’s father and try to maintain a united front in the litigation.

February 10, 2011

Are Insurance Companies Afraid To Go To Trial In Personal Injury Cases?

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

I am thinking about filing a personal injury case. I think I have a solid case that the insurance company will be afraid to try in front of a jury. Are insurance companies afraid to try cases?

Not really. For the typical insurance company, the analysis is all about money.

In other words, insurance companies evaluate risk. At the end of the day, they determine whether they will likely win a case or lose a case. They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award. They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.

December 27, 2010

Truck and Bus Drivers

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

Do truck and bus drivers have more responsibilities than drivers of cars?

Yes. Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road., but there are special safety laws that also cover most commercial drivers.

First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.

December 20, 2010

I Hurt My Back. Should I Go to A Chiropractor?

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

I was hurt in a car accident. I received a broken arm and a back injury. The arm is now fine but my back still hurts. My friend has recommended that I go to her chiropractor for treatment. Should I?

Tough question. Have you had any treatment by an orthopedic surgeon? Have you ever seen a chiropractor before? Indeed, have you discussed this with your family doctor?

I believe in chiropractic treatment but many insurance companies and juries discount it severely in Middle Tennessee. To the extent that you want to make a claim and have the other driver’s insurance company pay for your treatment you may wish to pursue conventional medicine first and see if that helps you.

December 9, 2010

How Do You Determine Who Is At Fault in A Wreck?

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

I was in an intersection wreck. I say it was the other guy’s fault. He says it was my fault. Who decides who was at fault?

If a lawsuit is filed a jury usually decides who is at fault (unless a jury is not requested by either party to the case, in which event a judge decides). The jury will listen to your side of the story, the other driver’s side of the story, the testimony of any witness, and review any physical evidence at the scene. Sometimes expert witnesses are hired to explain what happened.

At the end of the day the jury considers all of the evidence, hears the law explained by the judge and uses common sense to decide who probably caused the wreck. Under our system of justice, the person who files a lawsuit only needs to prove that more likely than not the other driver caused the wreck. If the person who files the case is unable to prove that the other driver more likely than not caused the wreck the case will be lost.