Articles Posted in Injury Cases

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An underride accident is when a car, SUV or passenger truck goes underneath a tractor-trailer.  Underrides typically occur from the rear or the side.  Regardless of the type, the key parts of the vehicle that are designed to prevent intrusion into the occupant compartment like the bumper, frame and pillars are either not engaged at all or only partially engaged.  So underride accidents typically have a tremendous amount of intrusion into the occupant compartment and then, not surprisingly, a high rate of fatalities.   These underride accidents kill on average about 219 people a year, but many experts believe that number is low due to underreporting and, although there are ways to prevent these types of accidents, not enough has been done.  But, that might change with a new bill. Continue reading

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Did you know your risk of being involved in a fatal car or truck accident increases by roughly 127% during light precipitation? In a heavy rain or snow storm, the odds of being in a fatal car or truck crash surges to an increase of 246%. And, the most dangerous time of day to be caught in a rain or snow storm: morning rush hour.

These alarming stats were published in a recent University of North Carolina report. The report goes on to predict that, with climate change, we can expect the frequency and severity of storms to increase. And in Middle Tennessee, spring already tends to bring heavy rains like it did this weekend. To stay safe, we recommend the following tips:

1. Leave yourself enough time to get to your destination. One has to wonder if morning rush hour is the most dangerous time because folks are in a hurry to get to work so they are not late. While everyone wants to get home from work as early as they can, the same “being late” anxiety is not usually present and so people do not feel the need to push the limits with their driving. So if you think the weather could be bad, leave a little earlier so that you can slow down and be extra cautious.

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At the Law Offices of John Day, our award-winning lawyers work on car and truck accident cases every day.  We also try to stay abreast of hot topics and new information related to car and truck accidents.   Here are a few of the ones that have hit our radar lately: Continue reading

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As parents, we try to warn our kids about the dangers associated with driving.  We want to keep them safe so we talk to them about texting and driving, drinking and driving, wearing their seatbelt, etc., but one danger we often fail to discuss is drowsy driving.   And drowsy driving kills almost as many people as drunk driving.  In fact, drivers who have not had enough sleep are at the same risk of being in an accident as a driver who is at or a little above the drunk driving limit of 0.08 BAC.   Here is what you need to know and steps you can take to protect yourself and your driving family members:

When you are sleep deprived, clusters of brain neurons actually take a break.  This is dangerous because those neurons are the transmitters of messages from your brain to your body.  When a large enough group of brain neurons fall asleep or take a break, a driver’s attention can decline.  Not to mention the obvious: if you nod off at the wheel, you are not focused on driving at all.

The National Highway Traffic Safety Administration (NHTSA) estimates drowsy drivers are involved in 16.5% of all fatal crashes and 7 percent of all non-fatal crashes.  To understand just how dangerous drowsy driving is, consider this:  the NHTSA estimates 8,000 people a year are killed due to drowsy driving and drunk driving kills about 10,500 people each year.

Unfortunately, there is no easy test like a breathalyzer that can determine when you are too sleepy to drive.  But there are some things you should consider in order to keep your family safe: Continue reading

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According to a new report, Tennessee is worst in the nation for distracted driving accidents.  Distracted driving car accident deaths in Tennessee are almost five times the national average.  In just two years, Tennessee had more than 1,400 fatalities that were directly attributable to distracted driving accidents.  When we hear distracted driving, most of us automatically think about texting and driving but it is more than that.  It can be anything that keeps you from giving your full time and attention to driving such as putting on make-up while driving.

Unbelievably, from 2015 to 2017, Tennessee drivers and drivers in four other states were responsible for roughly 31% of all distracted driving deaths.  That number is almost certainly higher because many drivers do not self-report and sometimes it is not obvious to investigators that distracted driving was the culprit in an accident.   Actually, that is not exactly right.  When we say, “distracted driving was the culprit”, it sounds like it was some outside force like the flu.  The reality is those deaths were caused by a driver, a human being, using their phone or doing something else while operating their vehicle.  This is not some outside force.  This is us as drivers making the wrong decision.  We have to stop it.   Here are some tips on how you can avoid making this wrong decision. Continue reading

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I Walk the Line was Johnny Cash’s mantra.  Aerosmith instructed us to Walk this Way and U2 told us to Walk On.  And while Dire Straits sang about the Walk of Life, new statistics reveal walking has become more dangerous and deadly.  Read on to find out all the facts including the most dangerous days for walking, the most dangerous locations and why this deadly trend should concern everyone. Continue reading

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Ochophobia is the fear of vehicles.  For a specific fear of semi-trucks, one writer has coined the term: semiochophobia.  If you have semiochophobia, you are not alone. A lot of passenger car and truck drivers, as well as motorcyclists,  are scared of 18-wheelers, and for good reason according to a recent Insurance Institute for Highway Safety Report.  Below are some insights into semi-truck accidents offered by the IIHS report:   Continue reading

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In addition to the more than 2 million Americans addicted to the drug, the Centers for Disease Control and Prevention reports that 130 Americans die every day from opioid overdoses.   But the opioid toll does not stop there.  New data shows the opioid epidemic has found its way to the nation’s roadways in the form of more fatal car and truck accidents.  Just how bad is the problem? Continue reading

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The National Transportation Safety Board (NTSB) has announced its top priorities for the next two years with a list of regulations the agency thinks will reduce truck and car accidents.  The requested regulations seek to curb the rising tide of accident-related deaths.  In 2017, deaths from large truck crashes reached their highest level in 29 years, and car accidents continue to kill more than 40,000 people a year in the United States.   So what does the safety agency recommend in terms of new regulations and how will they affect Tennessee drivers? Continue reading

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Our country’s service members are the best in the world.  And that is not just us proudly saying that; Business Insider has ranked the top 25 militaries in the world and the United States is first based on a number of factors.  One of those factors is the fact that the United States spends over $500 billion more on defense than the second place finisher, Russia.  So a reasonable person would expect that our military personnel would be outfitted with the best equipment but that is not always the case.

Recently, the United States Department of Justice (DOJ) settled a case with 3M for $9.1 million dollars because the DOJ alleged 3M had knowingly supplied our soldiers with defective combat ear plugs that could result in hearing loss, tinnitus and other problems.   If you or a loved one is a current or former military member, we urge you to read on to find out more about the defective earplugs, who was affected by the defective earplugs and what you should do if you are experiencing problems with your hearing. Continue reading