Tennessee Injury Law Center

May 12, 2014

Case Expenses in Tennessee Injury and Wrongful Death Cases

Virtually all, if not all, Tennessee personal injury and wrongful death lawyers will work on a contingent fee – which means the lawyer receives a percentage of the total recovery for the client in the case. If there is no recovery, the lawyer charges no fee whatsoever.

However, not all personal injury lawyers have the same approach on the question of expenses incurred during the preparation and trial of personal injury cases. Litigation expenses can be relatively small – $100 – $300 in a case involving minor injuries which is settled before a lawyer is filed – to hundreds of thousands of dollars in complex medical malpractice and product liability lawsuits.

Here are the common approaches to the issue of case expenses in personal injury and wrongful death cases in Nashville and throughout Tennessee:

May 5, 2014

Speed Limiters and Big Trucks: A New Law Is Coming Down the Road

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

Interstates 40, 65, 75, 24, and 81 cross through Tennessee, and Interstates 40, 65 and 24 run right through the heart of Nashville. Thousands and thousands of tractor-trailer rigs pass over these highways every day, and most of the operators follow act responsibly and obey the laws that govern the operation of these large vehicles.

Speeding can significantly influence the safe operation of a tractor-trailer. The first and most obvious factor is that high speed decreases a truck driver’s ability to react to a situation on the roadway. But, high speeds can also affect handling, stopping distances, the ability to safely deal with a tire blowout, etc. According to the Insurance Institute for Highway Safety, approximately 3,413 people die each year in trucking accidents. Because tractor-trailers can weigh 30 times more than passenger vehicles, not surprisingly, most of the deaths were occupants in the other vehicle.

In an effort to reduce the number of deaths in tractor-trailer and other big truck accidents, the Department of Transportation is scheduled to require all such trucks to use speed limiters by October of this year. The speed limiters or electronic governors would be set in the vehicle’s ECM or electronic control module. Notably, some trucking companies already use these speed limiters on their vehicles in an effort to reduce speeding by their drivers. The current proposal would set a speed limit of 68 mph on tractor-trailers and other heavy trucks.

May 1, 2014

Mom and Dad Are Just Distracted As Everyone Else

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

Distracted driving is an epidemic and apparently no one is immune. According to a recent study, 90 percent of parent drivers have engaged in distracted driving with their child in the car with them. The distractions range from talking on the phone, texting while driving, handing a child food or a toy, interacting with the vehicle’s navigation system, etc.

The dangers of this type of behavior are two-fold: First, as any parent can attest, children tend to mirror their parent’s behavior. If parents engage in distracted driving, children are more likely to model that type of behavior when they begin driving. Second, distracted driving is dangerous and the cause of many avoidable accidents. In 2012, 421,000 people were injured in car wrecks involving distracted drivers, an increase of nine percent from the previous year. And each year, more than 130,000 children under the age of 13 seek emergency room treatment for injuries sustained in a car accident.

If you or a loved one has been injured in a car accident, contact us for a free, no obligation evaluation of your case. Call us any time at 615-742-4880 or toll-free at 866-812-8787. We handle all accident cases on a contingency basis.

April 9, 2014

Auto Recalls and Cover-Ups

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

Last month, Toyota reached a $1.2 billion settlement with the United States Justice Department to resolve allegations that the automaker had covered up defects in its cars. Of course, this was after earlier paying $66 million for failing to timely report problems with unintended acceleration in its vehicles.

This month, General Motors is under fire for concealing defects in the ignition switches of more than 1.37 million vehicles which has been linked to 13 deaths. And, the U.S. Department has also filed a criminal action again G.M. alleging it concealed brake problems in its vehicles. Last year, Ford was fined $17.4 million dollars (the maximum fine at the time) for delaying a recall of the Ford Escape when the automaker knew the gas pedals could become stuck.

There appears to be an alarming trend of automakers covering up defects and delaying recalls. By law, automakers must report safety defects to the National Highway Traffic Safety Administration (NHTSA) within 5 days of becoming aware of an issue. In addition, the National Highway Traffic Safety Administration can open its own investigation if it notices a trend in consumer complaints or accident information.

April 8, 2014

New Hope for Patients with Paralysis

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

In the United States, over 6 million Americans suffer with paralysis. Some of the injuries were induced by traumatic spinal cord injuries. Others were the result of medical conditions such as stroke or medical malpractice in the form of birth injuries and otherwise.

But, there is new hope in the form of implanted electrical devices. The devices are implanted under the skin of the abdomen and electrodes are then placed at the patient’s spinal cord. Then, the device sends electrical impulses to the spinal cord which basically reboots the neurons and retrains the nerves.

In a recent study, four patients who were all left paralyzed from car accidents and motorcycle accidents have been able to retrain their damaged nerves allowing them to voluntarily move their affected limbs. While none of the patients have learned to walk again, one of them has been able to stand for as long as 27 minutes.

April 7, 2014

Another Child Safety Seat Recall – Evenflo

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

Not too long ago, we told you about a recall involving Graco child safety seats, and we told you that recall would likely be expanded to Evenflo child safety seats because the two manufacturers used the same component supplier. It seems we were right. The National Highway Traffic Safety Administration has announced a recall of more than 1.3 million Evenflo child safety seats. The buckle on the seat can become stuck in the latched position. Of course, this presents a risk of injury in the event of a crash or other emergency event. The recall involves a number of different models and you can check to see if you own one of the affected seats by clicking here. If you own one of the affected seats, Evenflo will provide a replacement buckle with installation instructions.

This recall serves as an important reminder about two things. First, the importance of registering your products (whether your purchase them new or used) with the manufacturer so that you are automatically provided important information about recalls and other safety issues. Second, every child should be placed in a proper safety seat. A child safety seat can reduce the risk of a death to an infant by 71% and the risk of death to a toddler by 54% in passenger cars. For trucks, the reduction is 58% for infants and 58 % for toddlers. So be sure to buckle up!

If you or a loved one has been injured due to a defective product such as a child safety seat or has been involved in a car accident, you only have a limited time to pursue your rights. To discuss your case for free, contact one of our award-winning lawyers today at 615-742-4880 or toll-free at 866-812-8787 or by filling out this form. For additional information on our fees and costs, click here.

April 6, 2014

Sexual Abuse and the Roman Catholic Church: The Crisis Continues

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

The United States Conference of Catholic Bishops recently released its 2013 audit of 127 dioceses/eparchies and the numbers are staggering. Despite increased awareness and a pledge by Pope Francis for greater accountability and vigilance for sexual abuse, there were still 935 allegations of sexual abuse last year alone. Notably, the report indicates 136 of those claims have been substantiated, which is a large number given that sexual abuse is often a swearing contest between victim and perpetrator. In fact, 472 of the claims were unable to be proven either way. 223 claims are still under investigation, 78 were found to be unsubstantiated and there were 27 "other".

As for the accused, 538 priests and 11 deacons were accused of sexual abuse. 175 others were also accused but their clerical status was unknown. With respect to the victims, 80% were male and only 20% were female. The most victimized were children between the ages of 10 and 14.

According to the report, in the past 11 years, the Catholic Church has spent almost $3 billion on allegations of sexual abuse. The figure includes settlements, therapy for victims, support for offenders, attorneys’ fees and other costs. To review a full copy of the audit, click here.

April 2, 2014

Lyft, Sidecar and Uber: Great Service But Lots of Legal Issues

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

Have you seen cars driving around Nashville decked out with a fuzzy pink mustache? The pink mustache is the logo, if you will, for Lyft, a ride-sharing service. Lyft, Ubert and Sidecar all operate in much the same manner. For Lyft, individuals who need transportation can summon a driver by using their phones — the companies have apps for their services. A pre-screened driver then picks up the individuals and takes them to their destination. The driver does not charge a fare but instead takes a "donation." The cost associated with these types of ride-sharing services has been estimated to be 30% less than a traditional taxi, which is wonderful for the consumer.

But there are some questions related to these services. While these ride-sharing services are quasi-taxis, they are not currently subject to a number of regulations applicable to taxis and limousines. For instance, the drivers do not have to have chauffeur licenses. While the vehicles must be a 2000 model year or later, the vehicles are not subject to inspections. Unlike Nashville taxis, there is not presently a requirement that they be licensed by the city’s Transportation Licensing Commission.

And then there is the issue of liability and insurance. Lyft’s website indicates that it does criminal background checks and Department of Motor Vehicle checks for all of its drivers. These checks are designed to weed out drivers who have been convicted of a DUI, a violent crime, etc. Lyft also requires its drivers to have the state minimum in insurance coverage and then Lyft has its own, additional $1,000,000 liability coverage.

March 30, 2014

Tennesseee Teen Drivers: New (and Scary) Information about Texting and Drinking While Driving

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

While knowledge may be power, it does not necessarily translate into positive action as evidenced by a recent study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions). According to the study, most teens understand the dangers associated with drinking and driving and texting and driving, but they continue to engage in these behaviors. The study also shows teenagers have an alarming definition of what constitutes a designated driver.

The report showed almost all teenagers (96%) understand the distraction associated with texting and driving or talking on the phone and driving. In fact, 62% of teenagers agreed that it is very or extremely distracting. Yet, 86% of teens still do it. The same applies to drinking and driving. While 86% of teenage drivers think drinking and driving is very or extremely distracting, more than two-thirds of the teenagers who admit to doing it also admit to doing it after consuming more than three alcoholic beverages.

As for the concept of a designated driver, 21% of teens think that means the driver is "basically sober," i.e., the driver can have some alcohol as long as they do not become too impaired. 4% of teens think a designated driver means selecting the most sober person in the group to drive. These numbers show us just how much more needs to be done to get teenager drivers to comprehend just how lethal these behaviors can be. Talk to your kids, model good behavior (i.e., don’t text and drive yourself), use an app that will auto-respond to incoming texts to let the sender know the receiver is driving or consider using a device like CellControl.

March 27, 2014

Liquid Nicotine For Electronic Cigarettes: A Deadly Danger Especially For Children

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

Did you know that liquid nicotine comes in hundreds of flavors ranging from menthol to chocolate to boston cream pie and strawberry daiquiri? More importantly, did you know that just a teaspoon of liquid nicotine can kill a child? To say this is scary would be an understatement. In fact, the director of the San Diego division of the California Poison Control System has been quoted as saying it is not a matter of if a child will be seriously poisoned or killed, but a matter of when.

Electronic cigarettes are widely touted as a safe alternative to smoking traditional cigarettes. Because the electronic cigarette is smokeless, the user does not inhale the tars and toxins in the tobacco smoke. But many electronic cigarette users are unaware of the hazards associated with the liquid nicotine. Oral ingestion of liquid nicotine or absorption through the skin can create toxic symptoms including rapid heart beat, dizziness, confusion, elevated blood pressure, nausea, diarrhea, seizures, etc. Ultimately, the toxicity can lead to a coma or death.

In the United States, there is currently very little government oversight over liquid nicotine. The New York Times reports that vendors offer to sell the product by the gallon and barrel despite the fact that as much as a teaspoon can be lethal. In Europe, liquid nicotine must be sold in child-proof and tamper-proof packaging and with health warnings. In Canada, manufacturers must comply with these same regulations and also submit proof evidencing the quality and safety of the product.