Articles Posted in Lawsuits Arising From Criminal Conduct

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By the end of this week, most students in public and private schools in Middle Tennessee will be back to school. Whether you are happy or sad about that, here are some tips for keeping children safe this year and to also make sure you do not violate Tennessee law. Continue reading

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At The Law Offices of John Day, P.C., we have two intake specialists, Penny Whitaker and Lauren Bates. When people call into the offices for a free consultation, Lauren and Penny take the basic accident information for a free review by one of our award-winning attorneys. Let me say, Penny and Lauren do a great job; they understand that when people call our office they are often confused about their rights and options, scared about what the future may bring and looking for help. And, we desperately want to help. But all too often, we can’t and that is where the disappointment comes in. This is never truer than when someone did do something wrong and injuries or death resulted. Let me explain. Continue reading

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Each year in this country, there are nearly 10,000 alcohol-related driving deaths.  For decades, drunk driving deaths decreased thanks in large measure to increasing the drinking age to 21 and reducing the drunk driving BAC threshold.  But unfortunately, drunk driving is again on the rise.  Currently,  twenty-eight (28) percent of all car accident deaths are attributable to alcohol.  If you live in a rural area, the numbers are worse – the number jumps to 48%.  Given these staggering numbers, the federal government commissioned the National Academies of Sciences, Engineering and Medicine to study the problem and offer suggestions on how to reduce these numbers.  In a nearly 500 page report, the panel recommended some controversial changes to reduce the frequency of drunk driving, and some of those recommendations are already meeting with opposition.

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If you live in Murfreesboro or anywhere else in Rutherford County, we got you a gift.  Don’t worry, it is OK if you did not get us anything.  If you use our gift, that will be the only gift we need because our gift will keep you out of jail, prevent injuries and save lives.  It is a gift that will help you start the New Year safely and responsibly.  And even though it is still days before Christmas, you can open your gift now by clicking to Read More. Continue reading

 

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Should I Move Over?

We probably all have a long list of driving pet peeves from drivers who tailgate or don’t use their blinkers to drivers who aren’t paying attention when a light turns green so you have to honk to get them to go.   My biggest driving pet peeve is drivers in the left lane on the interstate who are going slower than the rest of traffic.  (There is a reason the left lane is called the fast lane!)  Of course, this requires other drivers who are going faster to pass them on the right, which can be difficult to do safely depending upon the number of lanes and the amount of traffic.  Feeling trapped, some drivers will become frustrated and angry and resort to risky driving maneuvers which can cause accidents or the drivers can develop road rage.  Exactly what comprises road rage?  Continue reading

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Today is the first day of school for Williamson County.  Our daughter Kate is entering 5th grade this year at Scales Elementary.  Although she was embarrassed, she did relent and allow this picture upon arrival at school. And while it seems like just yesterday that we were going to the Boo Hoo breakfast for kindergarten parents not that much has changed.  She still worries about liking her teachers, the dynamics of friendships and how much homework will be assigned.  And, of course, as her parents, we still worry about everything, which brings me to some very important safety reminders for us all. Continue reading

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According to a recent report in The Tennessean, Franklin police need help locating a driver who caused a deadly motorcycle accident last week on McEwen drive.  According to witnesses, an unidentified Nolensville woman, age 50, changed lanes and knocked the motorcycle into a curb.  The motorcyclist, who was thrown from his bike, was severely injured and later died at the scene. If you or a family member was involved in an accident with an unidentified driver who does not stop, you can still recover money for your losses if you have the right insurance and know what to do. Continue reading

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In 2015, more than 10,000 people lost their lives and another 200,000 were injured in drunk driving related car accidents and another 200,000 were injured.  In Tennessee, despite law enforcement making over 23,000 DUI arrests, drunk driving car accidents claimed 252 lives.  How does Tennessee compare to other states? Continue reading

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Regrettably, you are wrong if you think there is no way a 28 year-old male nursing home aide would rape an 83 year old grandmother suffering from dementia.  Rape is about control, and it is a crime of opportunity and while some states and the federal government do not separately track allegations of sexual abuse, CNN has reported that since 2000 there have been more than 16,000 complaints of sexual abuse in assisted living and nursing home facilities.  Even more alarming is that 226 long-term care facilities have been cited for failing to protect the residents for which it was being paid to provide care and roughly 100 facilities have been cited multiple times.  How does this happen and what can you do?

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Government regulations get a bad rap. To be sure, if you look long enough, you can find some that will make you shake your head and wonder, but for the most part regulations do a good job of providing protection to the public.  And, they can also be a big boost in accident claims and injury lawsuits.

As proof that regulations are needed to protect the public, one need only look at the tragic hot air balloon crash in Texas that killed the pilot and 15 passengers earlier this year. Many believe this accident occurred because the Federal Aviation Administration does very little to exercise oversight of hot air balloon operators.  In fact, regulations on hot air balloon operators are almost non-existent despite the fact that they often carry more passengers than small commuter planes and helicopters.  Unlike conventional pilots, hot air balloon operators do not have to get regular medical exams and, while the form operators must complete asks about narcotic drug charges, it specifically excludes alcohol- related driving offenses.  In the deadly Texas crash, the operator was taking at least 10 different drugs for various medical problems.  Some of the drugs including oxycodone would have disqualified him from flying conventional aircraft because of their effect on decision-making and reaction times.  Moreover, the operator had been convicted of drunk-driving on at least four occasions.  Of course, regulations do not prevent every accident, but it is probably safe to say that if the Federal Aviation Administration had implemented tighter regulations over hot air balloon pilots that this particular pilot would not have been in the sky with passengers on that fateful day.

Regulations not only provide protection to the public but they also can help your accident claim or injury lawsuit. If you are injured in an accident and you want to recover money for your injuries, you must prove that someone else was negligent, that negligence caused your injuries and the extent of your injuries and damages.  Let’s focus on negligence.  In simplest terms, you should think of negligence as either doing something you should not have done or not doing something you should have done.  Lawyers will often refer to it as a violation of the standard of care.  Part of proving the other party was negligent involves proving the standard of care, but when there is a safety regulation the standard of care has already been established by the regulation itself.  So then, all you must do is prove the defendant violated the regulation.  In other words, the regulation can eliminate one step of what is normally a two-step process.  So regulations can play a critical role in injury litigation.