Tennessee Injury Law Center

August 10, 2014

USDA Hopes to Reduce Foodborne Illnesses in Poultry Plants with New Inspection Rules

For more than 50 years, inspections at poultry plants have been largely the same. That fact does not seem terribly remarkable until you think about the technological advancements we have seen in 50 years – from MRIs to DNA fingerprinting to electric cars. When presented in that light, you have to wonder why it took so long to implement changes that could improve food safety.

At any rate, the changes are here and are estimated to prevent as many as 5,000 foodborne illnesses a year. Here are the basics of the new rules:

· Poultry producers are required to perform microbiological testing at two points in their production process to prevent salmonella and campylobacter contamination. According to the Centers for Disease Control and Prevention, salmonella and campylobacter are two of the most common causes of foodborne illnesses. Salmonella alone causes 1.2 million illnesses and 450 deaths in the United States each year.

August 7, 2014

Visibility and Motorcycles

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

The most common type of motorcycle accident is a car turning left in front of the motorcycle. Generally, this type of accident happens because the driver of the car is simply not looking carefully and fails to see the motorcycle. The more visible a motorcycle is the better.

Loud pipes save lives. While some motorcyclists prefer loud pipes because of the increased “visibility” they believe they provide, there is certainly no legal requirement that a motorcycle be heard before it is seen. And some even believe that “loud pipes save lives” is a misconception. In Tennessee, by statute, your motorcycle must have a muffler. The law also prohibits the use of muffler cutouts. But unlike a number of states, Tennessee does not have a maximum decibel level for muffler noise. Regardless of the loudness of your muffler, other motorists have a responsibility to be on the lookout for motorcycles and give them equal access to the road. And, if you travel to another state, those loud pipes just might garner you a ticket for a noise regulation violation.

Continuing on with the issue of visibility, Tennessee law requires motorcycles to operate with headlights even in the daytime. And so that you can see other vehicles, your motorcycle must be equipped with a rearview mirror. Other things a motorcyclist might do to try an increase their visibility to other motorists are:

August 6, 2014

Traffic Control Signals and Motorcycles: Proceed at Your Own Risk

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

Under Tennessee law, a driver of a motorcycle can proceed through a red light under certain circumstances. T.C.A. § 55-8-110 (b) provides as follows:

(b) Notwithstanding any law to the contrary, the driver of a motorcycle approaching an intersection that is controlled by a traffic-control signal utilizing a vehicle detection device that is inoperative due to the size of the motorcycle shall come to a full and complete stop at the intersection and, after exercising due care as provided by law, may proceed with due caution when it is safe to do so. It is not a defense to a violation of § 55-8-109 that the driver of a motorcycle proceeded under the belief that a traffic-control signal utilized a vehicle detection device or was inoperative due to the size of the motorcycle when the signal did not utilize a vehicle detection device or that the device was not in fact inoperative due to the size of the motorcycle.

So what does all that mean? Well, if it is actually a traffic-controlled signal and you, as a motorcycle driver, proceed safely through the red light, then no problem. If it is a traffic-controlled light and you, as a motorcycle driver, proceed through the light but cause an accident because you failed to notice an oncoming vehicle or other issue, then you may be at fault. And if you proceed through the red light and it was not actually a traffic-controlled light, then you could still be ticketed for running a red light. So, all that to say, proceed at your own risk as a motorcycle driver when proceeding through a red light. Here is an article that may help motorcycle riders determine which red lights are actually traffic-actuated.

August 4, 2014

Lane Splitting Illegal for Tennessee Motorcyclists

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

John and Joy Day both love motorcycles. In fact, their first date was a 17-hour motorcycle ride and hiking expedition. Joy on a 100^th Anniversary Edition Harley Sportster and John on a BMW 1200CLC. So it is not surprising that at The Law Offices of John Day, P.C., we are profoundly interested in making sure motorcyclists practice safe and legal riding. And, of course, to the extent a motorcyclist is injured by the carelessness of another, our award-winning lawyers are here to help.

Over the next few days, we are going to cover some of the basics of Tennessee’s motorcycle laws. Today, we will start with lane splitting. Lane splitting is the practice of riding a motorcycle in between lanes when traffic is stopped or slowed. In some states such as California, lane splitting is a legal maneuver. But in Tennessee, motorcyclists are not allowed to split lanes.

Tennessee Code Annotated 55-8-182 provides the following rights and responsibilities for motorcycle riders and sections (b) and (c) specifically address lane splitting:

July 29, 2014

Drug-Impaired Driving

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

Drivers involved in fatal accidents are more likely to test positive for prescription drugs and street drugs then in the past. Here are some staggering statistics from some recent reports.

· From 1993 to 2010, for fatal crashes, the number of drugged drivers with three or more drugs in their system almost doubled as it jumped from 11.5 % to 21.5%.

· Drivers involved in fatal crashes are more likely to be combining drugs with alcohol. For instance, 55% of drivers who had used marijuana had also been drinking and 70% of drivers who tested positive for cocaine also had alcohol in their system.

July 24, 2014

Funeral Processions and Car Accidents: Who Has The Right of Way?

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

A Tennessee statute provides that a funeral procession has the right-of-way when the lead vehicle properly identifies the funeral procession by using a flashing amber light or is identified as a police escort or other “properly identified” escort. A funeral escort may also use a siren and flags to identify the funeral procession. The lead car must comply with stop signs and traffic-control signals such as red lights but the remainder of the funeral procession can proceed without stopping or obeying the traffic signal if each vehicle has its headlights on.

As with anything else, there are exceptions to the right-of-way rule. A funeral procession must yield the right-of-way to an authorized emergency vehicle (police, fire, ambulance) with its siren on. A funeral procession must also yield the right-of-way when directed to do so by any law enforcement officer.

So as to minimize the effect on traffic flow, the funeral procession must maintain minimum speeds. On a highway, the procession should go no slower than 45. On other roadways, the procession should not go any slower than 5 mph below the posted speed limit. A motorist who is following a funeral procession on a two-lane highway must not pass the funeral procession. Likewise, a motorist confronted with a proper funeral procession must yield the right of way and must not drive or attempt to drive in between the vehicles.

July 24, 2014

Some Older Drivers Present Risk on Tennessee Roads

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

With age comes invaluable driving experience, but after a certain point it can also bring declining physical abilities which makes driving more dangerous. Case in point: 78% of seniors drive regularly despite reporting slow reaction times and tiring easily behind the wheel. 13% of senior drivers reported difficulty hearing or seeing and 9 % report getting lost or feeling confused while driving.

These days, I do not know what age qualifies one as being senior. You can get an AARP card at 50 but the retirement age has been moved to 67. One thing I do know is that with each passing year of my life, I think the age that one become a senior should get moved back.

Given the squishy nature of when one becomes a “senior”, I elected to discuss the Tennessee crash statistics beginning at age 50. Year to date, according to the Tennessee Department of Safety and Homeland Security, there have been over 3,609 car crashes involving drivers over age 50. Note that this number excludes parking lot and private property car wrecks and car accidents involving $400 or less in damage.

July 15, 2014

Fight Underway Over Trucking Regulations Designed to Prevent Fatigued Truck Drivers From Being on the Road

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

You may have heard about the trucking accident that seriously injured actor and comedian Tracy Morgan and killed comedian Jimmy McNair. The truck driver who crashed into their limousine van is alleged to have been sleepless for 24 hours before the crash. Fatigued drivers are less attentive and often fall asleep so federal regulations are in place to prevent this type of reckless conduct and protect the motoring public. But, a fight is now underway in Congress on just how tough those regulations should be.

In fact, just days before the Tracy Morgan accident, the Senate Appropriations Committee passed an amendment which would suspend the regulation which requires truckers to take an extended break from driving after reaching weekly limits. Under current regulations, if the driver has driven 70 hours over 8 days or 60 hours over 7 days, there is a mandatory restart requirement which provides the driver must take 34 hours off. But, a group of senators including Cory Booker, Dianne Feinstein, Charles Schumer, Elizabeth Warren and others think these regulations save lives and have introduced an amendment which would keep these important safety regulations in place.

According to the senators involved in the amendment, the number of deaths caused by truck accidents nationwide has increased 16 percent since 2009 and the number of injuries has increased by 40%. On average, more than 4,000 people lose their lives and another 100,000 are injured in truck crashes. In Tennessee, in 2013 alone, the big four counties of Davidson, Knox, Hamilton and Shelby saw over 4,000 large truck crashes. Given these statistics, we find it hard to believe that anyone would suggest the regulations should be weakened.

July 13, 2014

For Kids, the Drunk Driver That Is Likely To Injure or Kill Them Is In Their Own Car

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

From 2000 to 2010, 2,344 children under the age of 15 were killed in drunk driving accidents. In a whopping two-thirds of those fatal accidents, the children were actually riding with the drunk driver as opposed to the drunk driver being a stranger in another vehicle. Unfortunately, drunk driving was not the only risky behavior found in these accidents. Researchers also found that the children were often not wearing seatbelts or, if appropriate, properly secured in a car seat.

In Tennessee, since 2004, there have been a total of 74,390 alcohol-related motor vehicle crashes. Notably, this figure does not include parking lot and private property crashes or crashes in which the property damage was less than $400.00.

At The Law Offices of John Day, P.C., our award-winning lawyers are experienced in handling drunk driving accidents. To ensure you receive a complete recovery, we will evaluate all potentially liable parties and all potential claims including liquor liability claims and uninsured/underinsured motorist claims. Click here for more information on drunk driving claims. And, click here for more information on liquor liability or dram shop liability claims. Then, give us a call for a free, no-obligation consultation on your potential case. Call us any time at 615-742-4880 or toll-free at 866-812-8787. We handle all drunk driving claims on a contingency basis.