Lawsuits Arising From Criminal Conduct

June 2, 2022

The Problem with Advice

We all give advice. Whether you are a lawyer, teacher, parent, doctor, plumber, etc.., at some point, someone is going to ask for your advice. But here is the thing about the advice you seek: you do not know how good it is until you do the exact opposite.[1]

Why do people not follow advice? Well, some folks do not really want advice. They want permission. They are only asking as a way of confirming what they wanted to do in the first place. The other main reason people do not follow advice is because it is not easy. Having the discipline to do what you know you should do can be hard i.e., exercising, saving for retirement, studying for exams, etc. So, we thought we would give you some important legal advice that is easy to follow and, trust us, you won’t know how good it is unless you don’t follow it. Continue reading

May 17, 2022

How To Win an Accident Case?

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

If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution. If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer. But anything beyond that, you really should, at a minimum, consult an injury lawyer. Now let us tell you why. Continue reading

January 28, 2022

Prohibition and Modern-Day Limits on Selling Alcohol

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

Earlier this week, on January 26, 1838, Tennessee was the first state in the nation to pass a Prohibition law. The law made it a misdemeanor to sell alcoholic beverages. Interestingly, the penalty for doing so was left completely to the discretion of the court. Whatever fine the court did impose was to be used for the support of public schools. Prohibition officially ended in 1933 but there are still plenty of laws related to the sale and consumption of alcohol in the State of Tennessee including laws creating liability for bars, restaurants and clubs that over-serve patrons who then get into accidents or otherwise harm others. Read on for more on this type of prohibition. Continue reading

January 20, 2022

Felony Criminal Charges for Misuse of Self-Driving Technology

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

In California, a man has been charged with two counts of vehicular manslaughter after his car left the freeway at a high rate of speed, ran a red-light and struck another vehicle killing two people. After the accident, the National Highway Traffic Safety Administration (NHTSA) confirmed that Autopilot was in use in the Tesla at the time of the crash. The NHTSA has categorized these types of crashes as “automation complacency”. This raises the questions of: why are drivers being complacent and who is to blame? Continue reading

January 12, 2022

Breaking News: Speed Kills (and Injures)

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

On this day in 1904, Henry Ford set a land-speed record of 91.37 miles per hour in Michigan. A lot has changed since then. Ninety-one miles per hour is hardly a record. In Nashville, you can find folks doing that speed during rush hour on Interstate 65. But like so many of our decisions and actions, drivers that speed are not just placing themselves at risk but others on the road as well. Do you know how many accidents were caused by speeding last year? More importantly, how do you keep you and your loved ones safe on the roadway? Continue reading

September 17, 2021

A Safe Ride Home from The Law Offices of John Day and MTSU

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

The first person ever arrested for drunk driving was a man named George Smith. According to the History Channel, on September 10, 1897, Mr. Smith, a young taxi driver, got drunk and then drove his taxi into a building. 124 years and 6 days later, drunk driving continues to be a problem on roadways. That is why The Law Offices of John Day continues to offer safe ride homes, and we are excited about our current free rideshare program with Middle Tennessee State University. Continue reading

July 19, 2021

Tennessee Ranks 9th in the Nation in Street Racing

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

In Tennessee, for every 100,000 drivers, 10.19 engage in street or drag racing, and street racing is on the rise. In some areas of our State, police calls about street racing have more than doubled in two years. For example, in Memphis, in 2018, there were 843 calls about drag racing in 2018. In 2020, reported incidences of drag racing had jumped to 1,973. The Tennessee Legislature has recently enacted new legislation to combat this dangerous practice and we have some tips on what you can do. Continue reading

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.