Articles Posted in Injury Cases

Distracted Driving 2

The National Highway Traffic Safety Administration has introduced new guidelines to combat driver distraction and hopefully reduce car accidents.  The guidelines seek to prompt manufacturers to develop products that will reduce the risk of car crashes caused by distracted driving by either using a simplified driver interface which limits the time a driver’s eyes are averted from the road or by pairing a mobile device to the vehicle’s infotainment system.  Currently, the NHTSA’s proposals are voluntary but they are a step in the right direction especially since we continue to see car crashes like the ones below that show just how out of control distracted driving is becoming. Continue reading

photo of hybrid

A new Federal Motor Vehicle Safety Standards is expected to save 2,400 pedestrian injuries per year.   Under the new standard, motor vehicle manufacturers have until September 1, 2019 to equip their hybrid and electric vehicles with a system that emits an audible noise under certain conditions to help alert pedestrians to the vehicle’s presence. Specifically, Federal Motor Vehicle Safety Standard 141 will require both electric and hybrid vehicles with four wheels and a gross vehicle weight rating of 10,000 lbs or less to make an audible noise when traveling in either forward or reverse at speeds up to 19 mph or 30 kilometers.  Continue reading

The Chester County school bus crash in Nashville injuring 23 students (with 20 more seeking a medical evaluation) provides a good opportunity to remind our readers of one of the most unfair provisions of Tennessee law.  That’s saying a lot – there are lots of unfair parts of Tennessee personal injury and wrongful death law – but this one is a biggie.

Most people think that people and companies who harm others should be held accountable for the harm they cause.  But, when a local government causes harm, its accountability is very limited.  Local governments (and the state and federal government) can only be sued under certain circumstances and when they can be sued special rules apply.  The special rules are set forth in the Tennessee governmental tort liability act and the relevant case law.  (Claims against the State of Tennessee are addressed in a separate law.)

The Chester County school bus crash shines the light on two of the special rules.  Before I discuss them please know that I know nothing of the facts of the accident.  I have seen the news reports, but cannot vouch for their accuracy or completeness.

Continue reading

bicycle lane

In Nashville and all over Tennessee, more people are using bicycles as their preferred form of transportation. Unfortunately, more bikes on the roads translates to more biking accidents. So far this year, there have been 189 bicycle accidents in the State of Tennessee. Of those 189, 169 involved injury and 2 were fatal – the others were property damage only. Nashville is not the only city struggling with a rising number of bicycle accidents so numerous entities have been studying safer alternatives. Continue reading

flag 2 copy

Memorial Day is a day to remember and be grateful for those brave men and women who have died while serving our country in the military. It is also the unofficial start of summer. Beach trips, parades, lake outings, pool parties and barbecues are on a lot of folks’ agenda.   Here are ten safety tips to help keep your weekend fun and injury-free:  Continue reading

mean dog
This is National Dog Bite Prevention Week, so it is a great time to give you some advice on how not to be a dog bite statistic and how to avoid being sued if you, like us, are a dog owner.

First, let’s look at the numbers of this very real and common problem. About 4.5 million people are bitten or attacked by a dog each year in the United States. While some of the bites are not terribly serious, almost 900,000 of those dog bites will require medical attention. Each year, roughly 27,000 victims will require reconstructive surgery – not just stitches. And, while more rare, dog attacks can be deadly. The average dog bite claim costs $37,214.

So, let’s start with a few tips for how to avoid being the victim of a dog bite.

pedestrian light

According to the Tennessee Department of Safety and Homeland Security statistics, there were 1,579 pedestrian accidents last year. But, there were actually many more because the State’s statistics do not include pedestrian accidents that occurred on private property, which means parking lots (where lots of pedestrian accidents occur because of the unavoidable interaction between cars and pedestrians). For the first quarter of this year, there have already been 378 pedestrian accidents, so we thought we would share some tips to help avoid being a pedestrian accident statistic: Continue reading

driving
The summer driving season is just around the corner. Time for vacations, trips to summer camp and the like.  Gas prices are expected to remain low.  In fact, the federal government is expecting gas to be at its lowest since the summer of 2004.  So, the roadways will likely be busy and, unfortunately, dangerous.  Here are a few tips for making sure you and your family stay safe including one you might not know.

  1. The Tennessee Department of Safety and Homeland Security offers licensed Tennessee drivers the ability to add emergency contacts to their driver’s license online. So, if you are involved in an accident, emergency workers can quickly contact your spouse, parents, legal representative, etc. If you are unconscious, this could save valuable time in a medical emergency as your contact could provide medical history, information on any medications you are taking, etc.   In addition, not only will your loved ones be alerted to the emergency quicker but they can begin helping quicker. For instance, maybe at the time of the accident you were on your way to pick up your daughter from school, if your spouse is quickly alerted to the accident, he could get someone to your daughter promptly. The process is simple. Just go to www.dl.safety.tn.gov.   The 7th star on the page is a link for Manage Emergency Contacts. Click it, fill out the requested information and hit submit. Now, your emergency contacts are linked to your driver’s license number.
  2. Register your vehicle and your tires with the manufacturer so that you are kept updated on any recalls. Last year, the National Highway Traffic Safety Administration oversaw a record number of recalls. If your vehicle and tires are not registered, the manufacturer cannot notify you directly. Vehicles and tires are only recalled if there is a safety defect or if they fail to comply with Federal Motor Vehicle Safety Standards. So, recalls are serious business.   At www.nhtsa.gov, you can search to see if there are any recalls affecting your vehicle, tires, child safety seats, etc. You can also sign up for safety alerts.

pedestrian light

At The Law Offices of John Day, P.C., we are definitely seeing more accidents involving pedestrians but we are not relying on just our own anecdotal evidence for this post.  The Governors Highway Safety Association (GHSA) is projecting, once all the data is in, that 2015 will have the largest year-to-year increase in pedestrian fatalities since national records have been kept. Pedestrians now account for about 15% of all motor vehicle crash-related deaths.   So what is to blame for the national increase and what are the statistics for pedestrian accidents in Middle Tennessee? Continue reading

hospital bed

Here is the scenario we often see: a patient goes in for a surgery. The surgery is successful but the patient continues to experience pain and other symptoms without any identifiable source.  Often the patients are treated as though they are whiners or malingerers.  Finally, at some point, the medical providers realize the source of the patient’s pain and problems: a surgical item has been left inside the patient during the surgery.  Of course, this necessitates a second surgery with all the attendant risks, more medical bills and more pain and suffering.  Think this is a rare occurrence?  Think again. Continue reading

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