Tennessee Injury Law Center

December 28, 2015

Still Driving Despite 17 DUIs and a Suspended License: How to Protect Yourself From Folks Like This

Earlier this month, a Shelbyville woman was arrested for her 17^th DUI. No, that is not a typo– seventeen DUIs. According to reports, the habitual drunk driver was arrested yet again after she crossed the center-line and crashed head-on into another vehicle injuring the other driver.

Of course, given her driving record, this woman should not have been driving and, in fact, her license was suspended. But she was nonetheless out on the roadways again and almost certainly she was not insured. Tragically, this is not an isolated occurrence. Fifty to seventy-five percent of drunk drivers will continue to drive on a suspended license. If the drunk driver does not have any insurance, where does it leave the innocent victim injured by this woman’s criminal conduct? Continue reading

December 15, 2015

Make Me A Witness

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

A few weeks ago, I received a voicemail from a lawyer indicating he would like me to be a witness in a case and wanted to talk to me about my recollections surrounding the event at issue. I will confess my response was to cringe a little. As a trial lawyer, I am intimately familiar with the litigation process so nervousness about the process, etc. was not the issue as it understandably is with some who get a subpoena. Instead, my cringing had more to do with the time involved in being a witness and getting involved in a conflict with folks that I happen to know. But once the cringe moment passed, I realized this was an opportunity similar to the one I received when I was called for jury duty. It was an opportunity for me to be reminded of what it is like to be a part of litigation in a role other than as a lawyer.

So I thought it might be helpful to write a few posts about the overall process of being a witness in hopes it might be helpful to others in the same situation. Let’s start with the cardinal rule: any trial lawyer worth his or her salt does not want you to testify at a trial without knowing what you intend to say. So that only leaves a few options. Continue reading

December 2, 2015

Pedestrians in Wheelchairs at Much Greater Risk of Injury and Death

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

Being a pedestrian is dangerous. Each year in the United States roughly 5,000 people are killed in pedestrian accidents and another 76,000 are injured. But recent data shows the risk to pedestrians using wheelchairs is even more profound as those individuals are 36% more likely to die in an accident with a vehicle. The majority of these crashes occur while the wheelchair user is properly within the crosswalk, and about 18% of the crashes occur where no crosswalk was available. Why is this happening? Continue reading

November 24, 2015

Beware Ban the Box

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

Ban the Box is a movement, which seeks to eliminate from job applications any questions about a job applicant’s criminal background. The theory behind the movement is that by “banning the box” prospective employers will not automatically discriminate against and eliminate candidates in the hiring process.

Metro Nashville has adopted a ban-the-box policy that will take effect January 1^st. As it has been reported, under the policy, job applicants will not be asked if they have ever been convicted of a crime unless they are applying for a position in an emergency department or a Metro school position. It also does not prohibit the applicant from being asked about their criminal history during an in-person interview or prevent a criminal background check. Continue reading

November 12, 2015

How Much Should I Settle My Injury Case For?

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

This really is the big question, isn’t it? On Avvo, you see it asked a lot by folks who are trying to handle their case without a lawyer. And at The Law Offices of John Day, P.C., we get asked this question, or some variation of it, almost every single day by clients who call in for a free initial consultation. And, believe it or not, other lawyers often ask us this question when they are trying to handle an injury or death case even though that is not their normal area of the law. So what is the answer? Continue reading

November 5, 2015

National Drowsy Driving Prevention Week: 5 Tips For Staying Awake and Alive

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

More than 1/3 of Americans have reported following asleep at the wheel, and drowsy driving causes roughly 100,000 accidents each year, claims roughly 1,500 lives and results in 71,000 injuries. In fact, driving while sleepy can impair your performance as much as alcohol.

While drowsy driving can affect anyone, some folks are more at risk than others and include: Continue reading

October 30, 2015

Ten Steps To Safe Halloween Driving

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

Tomorrow night is Halloween. If your kids trick-or-treat on the ever-popular Richland Avenue in Nashville or Main Street in Franklin, then they can collect candy without worrying about cars. But most streets in our area are not closed for trick-or treating, so it is imperative for drivers to exercise extra care to help keep Halloween safe. Here are 10 tips: Continue reading

October 26, 2015

Avoidable Liabilities: A Rant

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

I just read an article that suggested tech companies like Google and Apple should rethink entering the automotive market because it is a “different animal” due to the cost associated with building auto plants, building sales and service networks and the “daunting liabilities involved when human lives are at stake.” Retired Vice Chairman of General Motors actually sneers at the notion that “Silicon Valley techies” could do it smarter or better. While admittedly, I do not have much information or expertise on the cost of plants or the network issues, let me rant for a moment, if you will, on the liabilities issue. Continue reading

October 22, 2015

How To Tell If A Doctor’s Mistake is Malpractice

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

Because the practice of medicine is complex, there is not an easy answer to this question. But, here are some things to consider when trying to decide if you have been the victim of malpractice.

First, a mistake has to be made. In legal terms, we call this falling below the standard of care. Did the doctor act or fail to act as a reasonable physician would in the same or similar circumstances?

Second, did the mistake cause any harm? This factor is called causation and is usually the trickiest part of medical malpractice cases. Why? Because under most circumstances, when a patient sees a doctor, there is a reason: they are already sick. So lawyers and the law must sort out whether the patient got worse because of the already existing disease process or the doctor’s mistake. Of course, there are some cases in which it is very easy to conclude the doctor’s mistake caused the harm. For example, if a sponge is left in a patient during surgery necessitating a second operation, then of course the doctor’s mistake caused harm. Or, if the doctor performed the wrong operation or performed it on the wrong body part, then causation is not going to be an issue. Continue reading

October 6, 2015

Feel Free To Complain

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

Some people are natural born complainers. Like this one from Middle Class Problems on Twitter: “A pecan from my maple and pecan slice has tragically fallen into my fresh coffee. Worst day ever.” (If you have never checked out Middle Class Problems, you should.) But some of us are loathe to complain. We do not want to be perceived as demanding, obnoxious, whiny, needy, etc. Or, we don’t complain because we think it will not do any good. But from my perspective as a personal injury lawyer, there are times when it is critical to complain. Below are 5 times you should complain freely and without hesitation. Continue reading