Injury Cases

April 14, 2021

April is Distracted Driving Awareness Month

At this point, I wonder if anyone really does not know that distracted driving is dangerous. The media has covered it, public service announcements have been done, police departments have increased enforcement, our State legislature has passed stricter laws about it. Yet, distracted driving continues to be on the rise. For some of us, we just can’t seem to give driving our full time and attention despite knowing the dangers. In fact, according to one study, Tennesseans are the worst in the nation when it comes to distracted driving with distracted driving in our State being five times the national average. Read on for more stats and what you can do to protect yourself from distracted driving. Continue reading

April 9, 2021

Tiger Woods Accident and “Black Box” Data

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

In a press conference earlier this week, the cause of Tiger Woods’ single car accident on February 23, 2021 was announced by police. The culprit: speed. As part of their investigation, police accessed the black box data or EDR data from Woods’ car and discovered Tiger Woods was driving 84 to 87 mph when he lost control of the vehicle. The speed limit was 45. Almost everyone has heard about black box data, but read on if you want to learn what data these devices record, how the data is extracted and the role EDRs can be play in car and truck accidents that result in injury or death. Continue reading

March 25, 2021

Tort Tidbits: Spinal Cord Injuries, Adaptive Cruise Control and Drowsy Driving

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

Tort law encompasses so many different areas; it is not just car and truck accidents. Essentially, if you were injured or a loved one was killed because of someone else’s mistake, that is almost certainly covered by tort law[1]. So, it includes dog bites, medical malpractice claims, construction accidents, defective products, drownings, golf cart accidents, etc. As a result, the news constantly has little tidbits that relate to our client’s cases and injuries. So, we have decided to collect these tidbits and from time to time publish a Tort Tidbits post. Today’s Tort Tidbits includes encouraging news for spinal cord injuries, a word of warning about adaptive cruise control and drowsy driving.

March 11, 2021

Major Biden and Dog Bite Claims

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

Earlier this week, President Biden’s dog, Major Biden, got court-martialed and sent back home to Delaware after a “biting incident” with a Secret Service member at the White House. While the news reports indicate that Major got surprised and “reacted in a way that resulted in a minor injury to an individual.” The White House spokesperson explained the Bidens’ two German Shepherds were still getting acclimated to the White House and all the new people in their lives. And while that may be true and understandable, this biting incident highlights a number of issues surrounding dog bites and dog attacks and responsibility of dog owners. Continue reading

March 3, 2021

Spring Break Driving Tips

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

Middle Tennessee schools and many colleges are poised for spring break. As a result of the pandemic, more families are opting to drive to their destination this year. Even those that are not planning on taking a trip should be prepared to share the roads with those that are. Are you and your car ready? Do you know the most important things you can do to avoid being in a car accident?

Researchers at two Florida universities found that there are significantly more fatal accidents in the month of March at top vacation spots like Florida, California and Arizona. Of course, one of the first factors that comes to mind is drunk driving by college-aged students. To be sure, drinking and driving is dangerous but that is just one of many factors that leads to the increase in spring break car accidents. So, let’s review some of the steps you can take to reduce the chances that you are involved in a car accident:

February 26, 2021

Radical Listening

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

A recent New York Times article discussed how the health care industry was attempting to teach medical professionals the art of “radical listening”. What is radical listening? And why is it so important especially for professionals like doctors and lawyers. Continue reading

February 15, 2021

How Will the Pandemic Affect Jury Awards?

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

Let’s face it, the pandemic is leaving an indelible mark on almost everything, so there is no reason to believe jury awards in injury and death cases will be any different. Jury and trial consulting firms have been conducting surveys since the inception of the pandemic and they have some theories on how the pandemic will affect the amount of jury awards, how it will impact medical malpractice cases and whether it will generally be better for the defendant or the injury victim.

January 27, 2021

Road Rage and Car Accidents

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

Last week, news outlets reported road rage was likely the reason for the December murder of Nashville nurse, Caitlyn Kaufman who was shot and killed while driving to work. According to court testimony, the shooter was angry with Ms. Kaufman because she allegedly cut him off. This story is so tragic but unbelievably the use of a firearm is fairly common in road rage incidences (37% of them) even if the firearm is just brandished. In most instances, a perceived or actual slight on the road boils over into road rage due to a driver’s stress in other areas of life. Unfortunately, most of us are under stress right now due to the pandemic so, now more than ever, we need to be aware of what are the most common triggers of road rage, how to avoid them and what to do if you are involved in a road rage incident.

January 21, 2021

How Do You Prove Pain & Suffering?

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

You may have heard this phrase on advertisements by lawyers or on a TV show, but what does it mean and, more importantly, if you have an injury case, how do you prove it? Pain and suffering is exactly what it sounds like: it is the pain and problems you have encountered following an accident. While it is related to your medical treatment it is a distinctly different item of damages and is entitled to separate compensation, but there is not a mathematical formula for calculating it. So, if you have sustained a serious injury after an accident that was not your fault, you need an experienced injury lawyer to help you prove your pain and suffering to an insurance company, a jury or a judge so that you can maximize your compensation. Read on to understand the basics of this part of your injury case. Continue reading

January 14, 2021

Nashville’s Efforts to Reduce Pedestrian Accidents

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

2019 had been the deadliest year on record for pedestrian and bicyclist deaths in Nashville with 32 people killed. And then, of course, 2020 was worse. In 2020, Nashville had 37 pedestrian and bicyclist deaths. In response, Metro Nashville has adopted some programs to help. Metro’s Traffic Calming Program and Vision Zero program are being used to improve safety, and one big step is reducing speed limits on our roadways. Continue reading