Tennessee Injury Law Center

July 14, 2013

New Hours of Service for Truck Drivers in Tennessee and the United States

Federal law limits the amount of time that over-the-road truck drivers can operate a truck. Effective July 1, 2013, the Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of Transportation changed the hours of service rules in an effort to reduce driver fatigue and deadly accidents involving trucks.

The government expects that the new rules will save 19 lives per year and will prevent 1400 crashes and 560 injuries per year.

The new rules limit the average work week for truckers to 70 hours, down from 82 hours under the law in effect before July 1.

July 7, 2013

Transvaginal Mesh Trials Begin in West Virginia That Will Impact the Transvaginal Mesh Cases of Tennessee Women

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

On July 8, 2013 the first of four back-to-back transvaginal mesh trials begins in a federal courtroom in West Virginia. The results of these trials have implications for Tennessee women who have been injured by transvaginal mesh products inserted in them for pelvic organ prolapse and stress urinary incontinence.

What do trials in West Virginia have to do with lawsuits filed by woman in Tennessee? The trials are part of an MDL (multi-district litigation) proceeding that has collected various lawsuit filed against various transvaginal mesh manufacturers in federal courts around the country. The result in these cases will give the manufacturers and the lawyers for the woman who have been injured an opportunity to determine how jurors truly feel about these cases and what value, if any, they assign to the harm suffered by the female patient and her spouse. Indeed, these cases are known as "bellweather" cases – cases that are used to predict the likelihood of success in other similar cases against the mesh manufacturers.

The results of the West Virginia trials do not legally determine the outcome of any case other than the patient and the manufacturer involved in that particular trial. Rather, they simply provide all involved with more data about how a jury evaluates the liability and damage allegations in such cases. Thus, the outcome of these cases will have an impact on any later settlement of some 30,000 cases pending against various manufacturers of these products.

July 2, 2013

How Do I Pay For Medical Bills After A Car or Motorcycle Accident If I Don’t Have Health Insurance?

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

We receive calls almost every day from people who have been in a Tennessee car, motorcycle or truck accident and are unable to get medical treatment because they do not have health insurance. Many doctors refuse to see accident victims unless they have health insurance or are willing to pay cash for the service. There are lots of people – about 48 million in the country – who have no health insurance and many of those people cannot pay cash for medical treatment.

There are only four options left for these people. One, borrow money from family or friends to see a doctor. Two, attempt to ignore the medical problem and hope that it will solve itself. Three, use the medical payments (also called "med pay") provision of the insurance on your vehicle to help pay for treatment. Fourth, ask your lawyer if he or she can make arrangements for a doctor to treat you – a doctor who will forgo seeking payment until after you case resolves.

It is a mistake to assume that the at-fault driver’s insurance company will pay for treatment. They may accept responsibility for the accident, but the at-fault driver’s insurance company will almost never pay medical bills for you as they are incurred. It is possible this insurance company will reimburse you for the bills at the time your treatment is complete and you are ready to settle the entire claim, but they will not give you money in advance of treatment or let your doctor bill them for treatment.

July 1, 2013

“Shut Up and Drive” – Voice Activitated Text Message Devices in Vehicles

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

While on opposite ends of the music spectrum, Chely Wright and Rihanna were in tune on some good advice: shut up and drive. While the dangers of texting and driving are well known, drivers still do it. So, the automakers are now rolling out vehicles that allow a driver to use their voice, rather than their fingers, to send text messages. The system is similar to Siri on a i-Phone, but it is actually part of the vehicle’s electronic system. Ford and Toyota already have such systems in some vehicles. And while intuitively the idea seems like a good one for reducing distracted driving, studies show it is not an improvement at all. According to the AAA, hand-free voice messaging causes a “large” amount of mental distraction. In addition, Texas A & M Transportation Institute has found hands-free texting was just as distracting as a driver who actually uses his hands to text. Both methods slowed driver’s reaction times to almost two times that of a non-distracted driver. Without question, distracted driving is dangerous. And so, the best and safest advice remains to simply shut up and drive. Coming from someone who remembers the days of finding a pay phone if you wanted to talk to someone while out on the roads, pull over if your text message can’t wait until you reach your destination. You might just save your life or someone else’s.

June 28, 2013

How Can A Child Sue A Child Sex Abuser?

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

Sexual abuse of a child is not only a crime that can (and should) result in criminal charges against the abuser. It is also wrongful conduct that makes the abuser liable for damages in a civil lawsuit.

Civil wrongs are called "torts." There are lots of categories of torts, but the two most applicable to sex abuse claims to minors are the tort of "battery" (the unlawful touching of another person) and "intentional infliction of emotional distress" (engaging in outrageous conduct that results in severe emotional injury to another). A person who commits a tort is liable for compensatory damages to the person injured by the conduct. If the tort is an intentional tort, or one that involves reckless conduct, the wrongdoer is also liable for punitive damages.

So, a child who is a victim of sexual abuse can (with the assistance of his or her parents or guardian) file a lawsuit against the abuser and seek compensatory and punitive damages for the injuries he or she suffered at the hands of the abuser. Whether the conduct occurred, what injuries were caused by the conduct, and the amount of damages to be awarded are issues that will be determined in the case.

June 27, 2013

Are Burial Expenses Recoverable in a Tennessee Wrongful Death Lawsuit?

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

Tennessee law permits the recovery of funeral and burial expenses as part of the damages in a wrongful death lawsuit.

The case law is unclear about whether there is any limit on the amount of funeral and burial expenses that may be recoverable. Presumably, the law permits only the recovery of a "reasonable" amount of such expenses, but there is no fixed dollar amount or any other guidance on this issue.

Therefore, evidence of the amount of funeral and burial expenses incurred must be gathered and presented as part an effort to settle a wrongful death case. Appropriate evidence must also be introduced at trial in the event the case cannot be settled.

June 26, 2013

Tennessee Wrongful Death – Can A Spouse Who Wasn’t Living With the Decedent File a Wrongful Death Lawsuit?

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

Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit. However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a period of two years.

If this situation exists, the courts will presume that the surviving spouse has forfeited his or her rights to file and control the wrongful death suit and that right will go to others.

If a dispute about this occurs, the surviving spouse will have the right to be heard in court and argue that he or she is the appropriate person to file and control the lawsuit. A determination against the spouse can also affect his or her right to receive any of the proceeds of the wrongful death lawsuit itself.

June 25, 2013

Do I Have to Give A Statement to The Insurance Adjuster?

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

You have no legal obligation to give a statement about the events giving rise to a Tennessee automobile, truck or motorcycle accident to the adjuster to the at-fault driver’s insurance company. We typically recommend that our clients do not give such a statement, especially before they are prepared by one of our lawyers on how to give a proper statement.

We are not suggesting that we ever permit a client (or a witness) to change his or her testimony. Nor to encourage a client (or witness) to do so. But preparation for a recorded statement (and they are almost always recorded) greatly reduces the chance of an error that can harm the case.

On the other hand, you probably do have a contractual obligation to give a statement to your own insurance company. Your insurance policy probably requires you to do so. Once again, it is best that you seek the advice and help of a lawyer before giving the statement.

June 14, 2013

Traffic Deaths in Tennessee Are Way Below That of 2012

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

The Tennessee Highway Patrol reports that deaths in traffic accidents are significant’y lower in 2013 than they were at this point in the year in 2012.

By this date last year, 458 people in Tennessee had died from traffic related accidents. This year, 388 people have died, a drop of 70 people.

Motorcycle deaths are down 25%, from 60 to 45. Bicyclist deaths are down almost 50%, from 7 to 4.

June 11, 2013

Damages That May Be Awarded in Tennessee Personal Injury Cases

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

The Law Offices of John Day, P.C. website has just added some new material on the damages that can be awarded to Tennessee personal injury victims.

The new pages on our website address the issue of the limits on damages in Tennessee cases after the new tort reform law and gives an example of how tort reform limits damage awards in Tennessee. Also discussed is whether prejudgment interest applies to damage awards in personal injury cases in Tennessee and how subrogation affects the recovery of damages in Tennessee injury cases. We also explain how a jury determines the amount of damages to be awarded in a Tennessee injury case.

We hope that this information will assist you as you attempt to understand Tennessee law of damages. Our website allows has lots of other information that can assist you in getting a better grasp on Tennessee personal injury law, so take some time to review other pages on the site as well. Of course, each case is different, so be sure to speak to a competent, experienced lawyer before taking any action that will affect your legal rights.