Tennessee Injury Law Center

December 14, 2012

Alcohol Impaired Automobile Accidents Decline in United States

The National Highway Traffic Safety Adminstration has found that alcohol-impaired-driving fatalities declined by 2.5 percent in 2011 (Table 3), accounting for 31 percent of overall fatalities. The number of Tennessee deaths caused by drunk drivers is not yet available.

An alcohol-impaired-driving fatality is defined as a fatality in a crash involving a driver or motorcycle rider (operator) with a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or greater. The number of alcohol-impaired drivers in fatal crashes declined for most vehicle types with the largest decline among drivers of large trucks (16%) and vans (9.8%). Fatal crashes involving alcohol-impaired motorcycle operators increased by 8.6 percent—the only category of drivers by vehicle type with an increase in alcohol impaired crash involvement.

The total death on our nation’s highways were 32,367, and 9878 of those deaths were found to be related to people impaired with alcohol.

December 14, 2012

Texting and Use of Cell Phones Are Killing People on Our Highways

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

The federal government has determined that 3,092 people died last year in "distraction-affected" crashes, a newly refined measurement meant to tally the effect of texting, phoning or simply answering a call while driving.

The report did not break down the data by state, but Tennessee has about 2% of the country’s population and therefore it is reasonable to assume that about 60 people in Tennessee died in such accidents.

Click on the link to learn more about the perils of distracted driving in Tennessee.

December 13, 2012

Tennessee Automobile Crash Deaths Decline in 2011 But Are Back Up in 2012

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

The National Highway Traffic Safety Administration has finished a review of 2011 motor vehicle accidents and concluded that the death rate in Tennessee automobile accidents decreased by 8.3% for that year.

In 2010, 1032 people died on Tennessee roads. In 2011, the number dropped to 946. This means that 86 lives were spared in 2011.

However, 2012 is not looking good. As of December 12, 2012, 957 people had already died on our state’s roads, more than in all of 2011. It appears that our death rate will come close to what it was in 2010.

December 13, 2012

What is Subrogation?

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

As lawyers who represent people in Tennessee car accidents and Tennessee truck accidents, we are frequently asked about subrogation.

What is subrogation? In the context of auto and truck accident cases, subrogation most frequently arises because the injured person’s health insurance company has language in the health insurance contract which provides that the insurer has an interest in (is "subrogated’) a portion of any recovery that the injured person receives in a personal injury settlement or after a trial.

An example will tell you how subrogation works. Let’s assume that your health insurance policy has a subrogation provision. Assume further that you are in a car wreck and your health insurance company pays $15,000 in medical bills, If you recover $60,000 from the at-fault driver, you will have re-pay your insurance company up to $15,000 because it is "subrogated" to your recovery. The exact amount you will have to pay is depending on multiple circumstances.

December 12, 2012

Deaths of Bicyclists Increase in United States

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

Deaths of bicyclists increased 8.7 percent in 2011 according to data collected by the National Highway Traffic Safety Administration. The death total was 677. Another 48,000 bicyclists were injured.

The increase in bicycle deaths probably reflects more people riding bicycles to work and for pleasure, said Jonathan Adkins, deputy executive director of the Governors Highway Safety Association, which represents state highway safety agencies.

Motorcycle deaths also rose 2.1 percent, marking the 13th time in the last 14 years that motorcycle rider deaths have risen. Total deaths were 4612.

December 12, 2012

How Many Jury Trials Are There in Personal Injury and Wrongful Death Case in Tennessee Per Year?

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

In the year ending June 30, 2011 (the most recent year for which statistics are available) there were 499 trials in Tennessee personal injury and wrongful death cases.

Only 222 of these trials were jury trials. The other 277 trials were non-jury trials.

Shelby County had 44 jury trials in personal injury and wrongful death cases, the most jury trials of any county in the state. Davidson County was next with 31 jury trials. Knox County had 28 jury trials and Hamilton County had 19 jury trials.

December 11, 2012

Lawsuits Against Physician Assistants in Tennessee

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

Physician assistants (PAs) are increasing in number in Tennessee. Physician assistants are licensed by the state and are supposed to assist a physician in the practice of medicine.

The State of Tennessee has issued rules concerning the work done by physician assistants. A physician assistant must have formal training in an approved program and must pass an examination to be licensed by Tennessee.

Physician assistants have the right to prescribe certain drugs under the supervision of a physician. In fact, all of the activities of the physician’s assistant must be under the supervision of a physician. The regulations concerning the supervision of a physician assistant by a physician are set forth in the link (look at section 18).

December 10, 2012

September 2012 Jury Trial Results in Tort Cases in Nashville, Davidson County, Tennessee

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

There were six jury trials in tort cases in Nashville, Davidson County, Tennessee during the month of September, 2012.

Here are the results:

Auto accident – verdict for the plaintiff – $8000
Auto accident – plaintiff found 50% at fault – no $ awarded
Auto accident – verdict for the plaintiff – $98,694
Product liability – verdict for the defendant

December 9, 2012

Deadline for Filing Medical Malpractice Cases in Tennessee

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

There is a one-year deadline (called a "statute of limitation") for bringing a Tennessee medical malpractice case.

Changes to the law several years ago means that a person must give formal notice to each defendant in a medical malpractice case before a lawsuit can be filed in the court system. That notice must be sent no more than one year from the date of the negligent act or negligent omission causing an injury.

The statute that mandates pre-suit notice has some very specific requirements about what the notice must say and how it must be sent to the potential defendant or defendants. Tennessee appellate courts have not yet had the occasion to do an in-depth examination of how strictly these requirements must be met to satisfy the requirement of pre-suit notice, and thus it should be assumed that each of the statutory requirements must be followed to the letter until we have more guidance from Tennessee appellate courts. It would be a mistake for any consumer to attempt to give notice of a potential medical malpractice case without the assistance of an experienced Tennessee medical malpractice lawyer.

December 3, 2012

Prejudgment Interest Is Not Awarded in Tennessee Personal Injury or Wrongful Death Cases

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

Tennessee law does not permit the recovery of prejudgment interest in personal injury or wrongful death lawsuits .

However, if you win a case and a judgment is entered by the court you are permitted to recover interest on the amount of the judgment. Under the law in effect before July 1, 2012, interest accrued at the rate of 10% per year on the amount of the judgment that is unpaid. Now, the interest rate varies from time to time; the interest rate on judgments as of December 3, 2012 is 5.25%.

The inability to collect interest on personal injury and wrongful death lawsuits (unless a judgment is entered) is yet another reason why you want to hire a lawyer who will work to finish your case promptly. To learn how we can help you with your case, call me at 866.812.8787 for a free consultation. You may also complete our Contact form and we will get in touch with you.