Tennessee Injury Law Center

March 30, 2015

Church Van Wreck Raises Lots of Questions

Earlier today, a 15 passenger van wrecked in Florida killing eight people on board and critically injuring five others. This crash like most other cases involving passenger vans will have a number of key issues including:

Were the occupants wearing their seatbelt? It has already been reported that a 4 year old child was not in a car seat. We also know 18 people were in a 15 passenger van so at a minimum 3 of them were not wearing their seatbelt. In serious accidents, especially frontal crashes, the components of the seatbelt system will have “witness marks” on them if the occupant was wearing a seatbelt. The D-ring, the webbing of the belt and latch will also show signs of load caused by a combination of the accident forces and the occupant’s body weight. While the failure to wear a seatbelt is not admissible in the typical motor vehicle accident claim, it is admissible in a product liability claim.
Were there any mechanical issues with the vehicle or its tires? One of the accident victims has reportedly indicated the driver did not notice a curve in the road and then could not stop in time. So obviously the braking system will be analyzed and likely the tires too. As explained here, churches often fail to adequately maintain their tires.

March 11, 2015

Day Inducted as Fellow of the International Society of Barristers

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

This week, the International Society of Barristers (ISOB) inducted John Day as a fellow. The ISOB is dedicated to preservation of the adversary system, the right to jury trial and an independent judiciary. Membership is by invitation only and includes a rigorous screening process involving both judges and fellow lawyers. The ISOB extends membership to those lawyers “of exceptional talent, whose qualities including integrity, honor and collegiality embody the spirit of the true professional”. Of course, those of us at The Law Offices of John Day, P.C. have always known that John possesses these traits but we are certainly pleased that the prestigious ISOB has recognized it as well. Congratulations, John!

March 10, 2015

Storming the Court – The Basketball Court

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

The 2015 Men’s SEC Basketball Championship kicks off tomorrow, March 11^th at Bridgestone Arena in Nashville. Big wins and upsets are known to cause fans to storm the court in celebration, and many coaches and fans think storming the court is good for the game. But, the melee that follows can result in injuries to fans, players, coaches and referees. Duke Coach Mike Krzyzewski has expressed concern about potential for harm as a result of fans storming the court. And serious harm has occurred in court storming. For instance, a high school basketball player, Joe Kay was left paralyzed after fans stormed the court following his breakaway dunk to secure a win in a rivalry game.

Storming the court has been a fineable offense in the SEC since 2004. The SEC rule states: “For the safety of participants and spectators alike, at no time before, during or after a contest shall spectators be permitted to enter the competition area.” The first offense fine is $5,000. Additional incidents are fined incrementally at $25,000 and $50,000. The fine is paid by the school.

Ultimately, it is the school and venue’s responsibility to ensure adequate security is on hand to police the crowd and prevent harm from occurring. If they don’t and someone is harmed, liability could ensue. So, enjoy the game, root like heck for your team, but don’t storm the court.

February 26, 2015

How To Protect You and Your Family When Renting A Car

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

The past year was a record year for vehicle recalls with over 62 million vehicles recalled. In the General Motors ignition switch recall alone, there have been 4,345 claims made including 479 death claims and 292 “Category One” claims which require an injury involving permanent brain damage, paraplegia, quadriplegia, severe burns or double amputation. The remaining 3,574 “Category Two” claims involve injuries that required a hospital visit within 48 hours after the accident.

If you are the registered owner of a recalled vehicle, then the manufacturer, with oversight by the National Highway Traffic Safety Administration, will notify you that your vehicle contains a safety defect and provide instructions on how to get it repaired. But what about when you rent a vehicle? How are you supposed to know if all recalls have been addressed before you put yourself, your friends or your family in the vehicle?

Here is an easy solution to the dilemma: before you accept the car the rental car company assigns to you, quickly run the Vehicle Identification Number (VIN) on www.vinrcl.safercar.gov/vin/. If there are open recalls on the vehicle, alert the rental car agency to the problem and ask for a different vehicle. Typically, you will find the VIN in several places including: the driver’s side dash by the bottom of the front windshield (this location is easier to read outside the vehicle), the engine block, underneath the spare tire and the driver’s side door post (open the driver’s side door for this location).

February 25, 2015

Ten Things You Can Do to Help EMS Workers

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

According to the National Highway Traffic Safety Administration, EMS workers will respond to roughly 37 million emergency calls in a given year, and they will treat and transport approximately 28 million people. Emergency medical personnel must quickly assess the accident scene and victim, determine and provide what the patient needs and record their assessments, care and the patient’s response. Victims and bystanders can help make the job of EMS workers easier and more efficient by following the steps below:

1. Stay calm.

2. Provide as much information as possible about the accident scene location using mile markers, intersecting roads, landmarks.

February 22, 2015

New Tennessee Uninsured Motorist Legislation Does Little to Help Consumers

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

The Tennessee Legislature is trying to get tougher with uninsured motorists in our State, which currently ranks sixth in the nation for the number of uninsured drivers. The proposed bill would triple the fines for failing to have insurance (from $100 to $300). If a driver could not provide proof of insurance, the bill provides for the car to be towed and the tags be seized. In addition to the increased fines, once the insurance was obtained, the driver would also have to pay reinstatement fees.

Unfortunately, this legislation is not enough to protect you. Increased fines are unlikely to deter uninsured drivers from getting on the roadways. Most people who drive uninsured do so because they simply do not have the funds to purchase auto insurance. Their monthly budgets just cannot be stretched to include it. Then they should not be driving, you may say. I understand that, but when you live too far away to walk to your job and other basic services (doctor, grocery store, pharmacy, etc.) then most folks will cross their fingers, get in their car and hope for the best. They are gambling they won’t be caught and won’t be in a wreck

But for argument sake, let’s assume this legislation will cause uninsured drivers to get insurance. The reality is that the State’s minimum limits are simply too little to provide adequate compensation to those injured and damaged in moderate to severe accidents. The State’s financial responsibility law, T.C.A. 55-12-102(12), mandates Tennessee drivers have $25,000/$50,000 auto insurance coverage. If you and your family are hit by a driver with only minimum limits, the maximum their insurance carrier has to pay is $25,000.00 for one person and $50,000 for everyone hurt in the accident. For example, if you are driving by yourself and are hit by a driver with minimum limits and you sustain a broken back that requires surgery and leaves you unable to work for 6 months, the maximum amount you can recover from the at-fault driver’s insurance company is $25,000. Now let’s assume you are riding with your family (wife and three kids), and you are involved in an accident with a driver who only has minimum limits, the maximum amount all of you combined can recover, regardless of the extent of your injuries, medical bills, lost wages, pain and suffering, scarring, etc. is $50,000. Now do you see what I mean when I say the new legislation does not go far enough?

February 19, 2015

New Recalls and Warnings for Those With Peanut Allergies

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

Since the beginning of February, the FDA has been busy with recalls related to undeclared peanut allergens. A good number of the recalls are related to tainted cumin but not all. The foods involved are:

Pride of Szeged Sweet Hungarian Paprika (manufactured by Spiceco)
Goya and Kirby – Black Bean Soup and Black Beans with Creole Seasoning (manufactured by Goya)
Whole Foods Market Divine Treasures 100,000 Smooches candy (manufactured by Whole Foods Market)
Whole Foods Market – prepared salads, tacos and seasoned meat items (manufactured by Whole Foods Market)
Village Hearth, Lender’s, L’Oven Fresh and Kroger bagels (all produced by National Choice Bakery). This recall also involves tree nuts.
Pepperidge Farm bagels (manufactured by Pepperidge Farms). This recall also involves tree nuts.
Sara Lee, Thomas and Jewel bagels (all manufactured by Bimbo Bakeries) This recall also involves almonds.
See’s Candies Classic Red Hearts and assorted chocolates (manufactured by See’s Candies). This recall also involves undeclared tree nuts.
The Spice Mill Chef’s Choice Ground Cumin and Cajun Seasoning (manufactured by the Spice Mill)

Even more cumin-related recalls occurred in January. For more details on these and other food recalls, go to http://www.fda.gov/Safety/Recalls/

Food allergies can be life-threatening. In fact, approximately 1,500 Americans die each year because of allergic reactions to food. If you or a loved one has suffered a serious allergic reaction to an undeclared allergen or contaminated food, we can help. Contact one of our award-winning attorneys today for a free, no-obligation consulation. Call us anytime at 866-812-8787.

February 18, 2015

Yet Another Reason To Hire a Lawyer Quickly After Your Injury Accident

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

Bruce Jenner of Olympic gold, Keeping Up with the Kardashians and gender transition fame was recently involved in a multi-car accident that left one woman dead. Because the accident resulted in a fatality, investigators are expected to review the cellphone records of all involved to see if distracted driving played any role in the accident.

Unfortunately, law enforcement simply does not have the necessary resources to do the same in every accident especially if a fatality was not involved. But if you hire a lawyer early and distracted driving is suspected, those records can be secured before they are lost. While the actual text message is generally stored for only days, the dates and times of texts are preserved, so it is possible to tell if someone was texting — just not necessarily what they were saying. However, most cell phone providers will not provide this information without a subpoena, and subpoenas are only issued in pending lawsuits.

If you contact one of our award-winning lawyers quickly after your injury accident, we can help you secure critical evidence for your case. Call us toll-free anytime at 866-812-8787 for a free, no-obligation consultation. We only get paid if we recover money for you.

September 7, 2014

Peanut Plant Faked Lab Results? That’s Just Nuts – and Criminal (If True)

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

The 2008-2009 salmonella outbreak prompted one of the biggest food recalls in this country’s history. 714 people were sickened and 9 people died as a result of tainted food. This month, federal prosecutors are seeking criminal penalties against the corporate management of a peanut company that faked lab results and failed to recall products they knew were contaminated with salmonella.

Peanut Corp. of America supplied peanut paste to companies like Kellogg’s to be used in peanut butter crackers etc., but often had trouble meeting demand. So rather than wait two days for salmonella and other contaminant testing, the company would ship the peanut paste on the same day it was made and use old lab results to attach to the product. Just as bad if not worse, the company failed to recall their product if testing revealed it was tainted.

As evidenced by this case, the effects of food poisoning can go way beyond diarrhea and general malaise. It can cause serious injuries and even death. Individuals and corporations who recklessly expose the consuming public to such injuries should be held accountable for compensatory damages and punitive damages. And, when appropriate, they should face criminal penalties.

August 15, 2014

New Tool in Tennessee for Reducing Car Crashes and Drunk Driving

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

For the last six months, the Tennessee Highway Patrol has been testing a new software system conveniently called CRASH – Crash Reduction Analyzing Statistical History. The software system is designed to help police predict the spots where crashes are likely to occur. While this is still a pilot program, the system has been accurate 75% of the time. The THP is also using software to predict where intoxicated drivers are most likely to be and at what time of day. Essentially, the software analyzes prior data and will predict where the greatest traffic risks are likely to occur given the day and time. Law enforcement can then direct its resources accordingly. The system cost $243,000 but was funded via a grant.

If you or a loved one has been injured in a car accident and would like to discuss your case with one of our award-winning lawyers, please call us anytime at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation. We handle all car accident cases on a contingency basis so you never have to pay any money out of pocket to protect your rights.