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Last Entry: November 20, 2009 at 10:41:22

What To Do If You Hit A Deer?

Posted on November 20, 2009
The Deer gun season opens tomorrow November 21, 2009. Hopefuly I will be in the woods. However, this time of year the deer are very active and often cross the road. I have actually hit a deer twice. They can really tear up a truck. Fortunately I was not injured but could have been...

Nashville Hit-and-Run Leaves 26 Year old Dead on I-24

Posted on November 20, 2009
On November 9th at 1:20 a.m. a 26-year-old Nashville woman was traveling west on I-24 in a 2004 Chevrolet Trailblazer. The driver veered off onto the right shoulder and onto the rumble strips. She overcorrected, and swerved across multiple lanes of traffic, hitting a concrete median wall...

Hunting Safety Rules

Posted on November 19, 2009
Deer season for firearms opens on Saturday. Hopefully I will be in woods. However, safety MUST be on everyone's mind. The NRA has a great list of safety rules for gun handling. Review them here. While all the rules are extremely important, while hunting perhaps the most important is 'Know your target and what is beyond...

Vehicle Safety: Today and the Future (Audi takes the lead.)

Posted on October 20, 2009
It was 50 years ago the three point safety harness (also known as the seat belt) was invented, and pioneers in the industry have been working to make a safer vehicle ever since. I've already talked about radar cruise control, so I thought instead I'd go through a recent Audi press release concerning their high-tech new safety features found in some of their vehicles...

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Finding a Personal Injury Lawyer for an I-40 Car or Truck Wreck

Posted on October 19, 2009
How can people injured in car or truck accidents on I-40 find a personal injury lawyer in Nashville, Tennessee or one of the states Interstate 40 runs through? When drivers, passengers, families of drivers, passengers, workers, troopers or maintenance workers are injured in another state on I-40 they need to know how to find an Tennessee lawyer...

Black Box Evidence and The Car or Truck Wreck Case

Posted on October 12, 2009
A story in the Saturday October 10th Tennessean highlights the need to get an experienced car wreck or tractor trailer wreck attorney involved early in the case. The story is about a criminal case in Murfreesboro when a police officer hit a little girl and killed her...

Two College Students Killed in Sewanee Tractor Trailer Wreck

Posted on October 12, 2009
19-year-old Kathryn "Katy" Christianson of Chattanooga and 18-year-old Kathleen Beech of Clarksville were killed in the Thursday morning crash while they are two other University of the South rowing team members were en route to practice. The accident occurred at approximately 7 AM local time...

2 injured in head-on collision in Clarksville 9/18/09

Posted on September 23, 2009
Traffic was blocked for more than hour last Friday the 18th as Clarksville crews worked to clean up a serious auto accident on McAdoo Creek Road. Christopher Morrison was driving the dump truck west on McAdoo Creek Road when he collided with the four-door sedan driven by Amy Dziewior, 33, also from Clarksville, who was heading east...

Two Killed in a Collision Near Springfield 9/17/2009

Posted on September 21, 2009
Two people are dead after a head-on collision in Robertson County. It happened around 7:30 p.m. Thursday night on Highway 49 outside of Springfield. According to the Tennessee Highway Patrol, one of the vehicles ran over the curb into oncoming traffic...

New Safety Technologies Become Mainstream

Posted on September 15, 2009
Only a few years ago Mercedes unveiled to the world 'radar cruise control.' It allows driver to set a speed, much like normal cruise control found in nearly all vehicles today. However, if the vehicle ahead is traveling slower – the car will automatically slow down, or even brake to a stop...

I-440 Onto I-24 Killed Driver Indentified

Posted on September 14, 2009
The Driver killed this morning September 14, 2009 when his SUV flipped over the guardrail on I-440 and I-24 has been identified by Metro Police according to the Tennessean. According to the police speed was a factor. Was this a preventable wreck? I don't know...

Companies Keep Unsafe Trucks and Drivers on the Road

Posted on September 01, 2009
It's an issue that is largely ignored by the media. Most people don't come in contact with it until it's too late. It's truck safety – or lack thereof. The American Association for Justice (AAJ) just released a press release tackling the issue...

Defective IKEA Roman Blinds Recalled

Posted on August 31, 2009
The U.S. Consumer Product Safety Commission ('CPSC') has issued a recall of Roman Blinds manufactured and sold by IKEA. The voluntary recall has been prompted by a near strangulation of a 2-year-old boy when his mother found him hanging from the looped bead chain...

Thursday 8/27/09 A Busy Day For Giles County First Responders

Posted on August 31, 2009
The Pulaski Citizen reported three accidents within a three hour period on Thursday August 27, 2009. The most serious was a fatality in a single car accident on Chicken Creek Road. The driver was killed at the scene however his passenger suffered minor injuries...

Lindsey Batt, Brittney Smith Injured in Erin Single Car Accident

Posted on August 26, 2009
Two Houston County high school students in Erin were injured while passengers of a 1995 Honda Accord when the driver, who has not been identified, crashed into a ditch. Brittney Smith, 17, was transported to Patients' Choice Medical Center by ambulance...

Matthew Hodge Critically Injured At Trinity Railroad Crossing

Posted on August 25, 2009
The Tennessean reported yesterday on the condition of Matthew Hodge the teenage driver who was critically injured at a railroad crossing in Williamson County on Saturday afternoon August 22. The reports indicate he suffered head injuries. Matthew is a senior at Page High School...

Defective Infant Bassinets Recalled

Posted on August 20, 2009
The U.S. Consumer Product Safety Commission ("CPSC") renewed a recall on defective Infant Bassinets today. The announcement outlined in great detail the defects and recall. If you think you might have one of these bassinets check out the announcement and descriptions very carefully...

Enterprise Rent A Car Deletes Safety Feature

Posted on August 18, 2009
The Kansas City Star reported today that Enterprise Rent A Car ordered cars from General Motors without a proven safety feature. This saved them a reported $11.5 million. The thrust of the story is that they then resold the used cars but advertised them with the side curtain air bag safety feature...

Forklift Safety Is Serious Business

Posted on August 17, 2009
Last week I wrote about Brandon Walker from Chapmansboro who was killed while operating a fork lift in Nashville. Did you know that every three days someone is killed in a forklift related accident? Each year over 95,000 injuries related to forklift accidents are reported...

Three-Point Seat Belt Turns 50

Posted on August 17, 2009
August 13th marked the 50th anniversary of the three-point seatbelt. Invented by Nils Bohlin, a Volvo engineer at the time, the seat belt revolutionized safety inthe automotive industry. Previously, other two and three point seat belt systems were used in vehicles but failed to protect occupants in a variety of crashes...

Francis Davis and Denise West Killed on 41A Bypass In Clarksville

Posted on August 14, 2009
Driver Francis Davis and passenger Denise West were in a 2004 Ford Taurus crossing the 41A bypass in Clarksville when their vehicle was struck by a 2005 Nissan Quest. The driver and passenger of the Nissan survived, but Davis and West have since died from their injuries...

Johnny Kindle Charged with Killing Kelly McQuate On I-24

Posted on August 13, 2009
A grand jury has indicted Johnny Kindle with vehicular homicide in connection with a wrong-way crash on I-24. Earlier this year on March 24th, Kelly and Mark McQuate were heading home (from getting married in Key West) on I-24 when their vehicle was struck by Kindle – drunk and heading the wrong direction...

Catastrophic Workplace Injuries-The Role of the Plaintiff Personal Injury Attorney

Posted on August 11, 2009
I was doing some research today after posting on the death of a worker by electrocution. I ran across an interesting article written for industry on what to do and what not to do. What struck me as great advice that also would apply to the injuried workers and their families is the early role of attorneys in the process...

Brandon Walker of Chapmansboro Electrocuted

Posted on August 11, 2009
The Nashville police announce the idenity of the man killed last week working in Nashville. Another tragedy. Did Mr. Walker leave a wife, children, other family members? I don't know. If he did and the company he was working for had workers compensation insurance they are entitled to certain benefits...

Unlicensed Driver Hits Nashville Girl

Posted on August 10, 2009
A 22-year-old driver hit a 6-year-old girl riding her bike before slamming into several parked cars, according to police. The accident happened in Turtle Creek Apartments on Hickory Trace Drive (Google link here – not a pleasant place to live it seems)...

NY Wrong Way DUI ? Who Should We Believe?

Posted on August 10, 2009
The story of Diane Schuler's death continues to unfold. After a toxicology report stated Ms. Schuler was under the influence of marijuana and had blood alcohol level of 0.19 at the time of the crash, her husband Daniel claimed the report must be inaccurate...

Cheap Tennessee Auto Insurance That Really Protects You

Posted on August 05, 2009
I have written recently about how the most important auto insurance coverages are uninsured motorist coverage and medical payments. How much does it really cost? For my 2005 Suburban for $2,000,000 in coverage to protect my family and I from those that drive without insurance $127...

Texting While Driving ? Now Illegal In Tennessee

Posted on August 04, 2009
Texting has taken the country by storm, and many have become addicted to it. Sometimes its the only way I can communicate with by two 20+ year old children. For years many battled for banning cell phone use while driving without a hands free device, and have reached limited success...

Drowsy Truck Drivers-The Solution

Posted on July 29, 2009
Semi-truck driver fatigue is one of the most common contributors to an accident when the truck driver is at fault. Even when the driver doesn't fall asleep, fatigue can affect the senses and reflexes of a driver, seriously impairing their ability to react to the road...

Semi-Truck Gas Tank Design Flaw

Posted on July 27, 2009
As an experienced truck accident attorney, many cases I see are related to the negligence of a semi truck driver, their company, violations of the FMCSR or another party. Truck driving is a very dangerous line of work for drivers too, and there are design flaws which only make it more dangerous...

Denise Morgan, Nashville Resident, Killed in Accident

Posted on July 24, 2009
The woman killed in last week's two-vehicle collision on Donelson Pike has been identified as Denise Marlene Morgan, 54, of Nashville. According to early police reports, Morgan was driving her 2002 Chevrolet Cavalier north on Donelson Pike at 7:35 pm...

Don?t Leave Your Keys or the Kids in Your Car!

Posted on July 20, 2009
Even in today's world, some people still leave there keys in their car. In Tennessee, it's illegal to park and exit your vehicle with the car still running: 55-8-162. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway...

Tennessee Auto Insurance 104 (Collision)

Posted on July 14, 2009
In this part of the ongoing Tennessee automotive insurance series, I'll take a closer look at collision coverage. Collision insurance protects the insured's vehicle in the event of an accident (collision), regardless of who is at fault. Usually insurance companies will even pay for expenses resulting from the accident, such as towing and storage...

Recent Nashville Accident Deaths Reminds Us to Drive Safely

Posted on June 29, 2009
Two recent accidents in Nashville remind us of the importance of driver safety. In the first accident, William McGuire, 23, was killed when riding as a passenger in a vehicle driven by a friend. The driver, Samantha Johnson, was driving eastbound on Harding Place in heavy rain when her vehicle hydroplaned...

Brentwood Tennessee SUV Fire

Posted on June 25, 2009
Chanel Five News reports an SUV fire in Brentwood last night. Fortunately no one was injuried. Its hard to tell from the picture what is the make of the vehicle. However, if it is a GM product there are some ironic twists to the story. If the owners have comprehensive insurance coverage on the vehicle the insurance company will then have to pay the actual cash value...

Tennessee Auto Insurance 103 (Med Pay Coverage)

Posted on June 24, 2009
In this part of the ongoing Tennessee automotive insurance series, I'll go over medical payments coverage, and some of the less than fair tactics insurance companies will use to limit an accident victim's recovery. Medical payments coverage, often called 'MedPay' (as I refer to it) or 'personal insurance protection,' will pay for health services required as a result of an accident without regard to fault...

Gunfights In Nashville Bars

Posted on June 16, 2009
The front page of todays Tennessean headlines a story that Nashville bar owners plan to ban holders of a Tennessee Handgun Carry Permit from entering their establishment with their weapons. Much talk about a fictional problem. Before continuing, and to be transparent as our President likes to say, I am a long time holder of a Tennessee Handgun Carry Permit, a life time member of the NRA, a lifetime member of Safari Club International, an avid hunter, member of the Tennessee Association for Justice (formerly the Tennessee Trial Lawyers Association) and a member of the American Association for Justice...

Tennessee Auto Insurance 102 (Uninsured/Underinsured Motorist Coverage)

Posted on June 15, 2009
In the previous article, I talked about liability insurance in Tennessee in detail, but only briefly mentioned uninsured motorist ('UM') and underinsured motorist ('UIM') coverage. This blog post will be about UM and UIM coverage more specifically. Unlike liability insurance, which pays for damages by accidents where you are at fault, UM/UIM coverage protects you ('the insured') by paying (up to the UM/UIM coverage policy limit) for damages such as medical bills, lost wages, pain and suffering, property damage, and other losses when you are injuried by a person who cannot afford to pay and does not have liability insurance...

Personal Injury Myths

Posted on June 12, 2009
MYTH: If you write the insurance company a letter and are reasonable, you will get a reasonable settlement proposal. THE FACTS: The insurance company will "low ball" you. Guaranteed!!! MYTH: When you are in an accident and the insurance company for the responsible party calls you to ask for a recorded statement, you have to give them a recorded statement or they won't settle with you...

Flammable Bath Robes Recalled

Posted on June 12, 2009
The CPSC posted a recall of bath robes that catch fire. It stated " The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC, of Warren, Pa., are re-announcing the voluntary recall by Blair of 162,000 women's full length Chenille Robes. Since the recall was originally announced in April 2009, Blair has received reports of six deaths due to the robes catching on fire...

Tips For Hiring A Personal Injury Lawyer

Posted on June 11, 2009
Here are some factors and good points to look for and question your attorney about. Note that not every attorney will meet all of these criteria, but the significant absence of the following should be a big question mark. • Experience – obviously, the longer you have been practicing a particular area of the law, the more you will know...

Taser Officers Found Not Liable

Posted on May 20, 2009
<p>The Tennessean<a href="http://www.tennessean.com/article/20090519/NEWS03/905190348/Jury++19+stuns+from+Tasers+not+excessive+"> this morning</a> reported the verdict in the tragic death of a 21 year old who was tasered 19 times by Metro Officers...

I-40 McCrory Lane Death Due to DUI

Posted on May 07, 2009
News Channel 2 and the Tennessean reported the death of a young woman on Interstate 40 at McCrory Lane early Wednesday Morning May 6, 2009. According to the reports a man from Centerville named Ian McClellan was driving the wrong way on the interstate and hit the car driven by Katie Kerr of White Bluff head on...

Death At A Tractor Trailer Parked on Shoulder of I-24 Rutherford County

Posted on April 29, 2009
On Friday night a women from Chicago was killed when the pick up truck in which she was riding struck a semi truck parked on the shoulder of I-24 near Murfreeesboro reported the Tennessean on Sunday. As I was drinking my Sunday morning coffee I first almost skipped over the short article...

Tennessee's' "Kill Old People Cheap Act" Defeated For This Year

Posted on April 22, 2009
This morning the Tennessean reported that the bill pending in the legislature to cap damages for nursing home negligence failed in subcommittee last might. Amen. Why should a particular industry get special treatment when it injuries old and frail people? It should not...

Tennessee Auto Insurance Basics (Liability)

Posted on April 21, 2009
On April 9, 2009 I posted a general overview of auto insurance in Tennessee. Today I am going to focus on the "liability" portion of the policy. Liability insurance is required in Tennessee on any motor vehicle operated on the public highways...

Tips For Murfreesboro Tornado Victims (Update)

Posted on April 17, 2009
On Monday I posted on some tips for the victims of the good Friday Tornado. Upon reflection, I forgot to recommend the most important part. Give notice of the claim to your insurance company, so they can start their investigation. Call them, then follow up with a faxed letter...

Tips For Murfreesboro Tornado Victims

Posted on April 13, 2009
Friday April 10, a tornado struck Murfreesboro leaving a line of destruction. I had know of the impending storms and was at home in my sheltered basement with my wife, 3 dogs, and 2 cats. I watched on TV in horror as a traffic camera showed live the funnel cloud form and then descend to earth crossing I-24 and tearing into a neighborhood...

Tennessee Auto Insurance Basics

Posted on April 09, 2009
The Tennessee Financial Responsibility Law was enacted in 1977 and covers the minimum auto insurance required in Tennessee. Basically it requires minimum liability limits of $25,000 per person, $50,000 for 2 or more persons and $15,000 for property damage...

Truck Drivers Driving Duties In Hazardous Conditions

Posted on April 03, 2009
Middle Tennessee and especially Nashville were swept with sever weather yesterday afternoon. Two tractor trailers were blown over on I-40 near Briley Parkway. That reminded me of some Federal Regulations governing the operation of commercial vehicles in hazardous conditions...

Defective Yamaha Rhino's In Tennessee

Posted on April 02, 2009
Many of you may have heard of the recent recall of Yamaha Rhino's by the CPSC. Why did it take over 40 deaths and hundred's of serious injuries for this to take place? I do not know, but I can guess that it was intense lobbying by Yamaha to prevent this action...

Injury Law 101

Posted on March 31, 2009
This is my first ever blog post. However, there will be many more to come. I am an attorney in Brentwood, Tennessee which is a suburb of Nashville. My practice emphasizes the representation of individuals who are injured thru no fault of their own. As lawyers we call these cases by various names...

Tort Law and Divorce

Posted on October 24, 2008
Tort law is simply a definition for a group of laws that pertain to address a private or civil wrong or injury. How does tort law come into play with a divorce ? Divorces bring out the worst of people. Sometimes people act without regard to what do do or say...

Post Accident Medical Treatment

Posted on October 13, 2008
One factor in auto accident or truck accident cases is post accident medical treatment. After the accident,what you do matters. There are three factors . First , a delay in treatment will kill your case. Did you go to the hospital soon after the accident or did you wait days if not weeks...

Nightmare on Wall Street

Posted on October 12, 2008
As everyone continues to better understand the money woes facing our great country, investors have questions on what happened to their life savings. One question is do they have a valid legal claim. It appears certain mutual funds have made misreprentations to entice consumers to buy their funds...

Not All Crooks Carry Guns

Posted on October 11, 2008
After weeks of news reports of all the financial problems , I have come to the conclusion that not all crooks carry guns. They carry paper and pens. The Wall Street Fat Cats have stolen more money in a shorter amount of time than Jesse James and all the crooks in the world...

Fire and Explosion Cases

Posted on October 08, 2008
This week is fire prevention week . For some reason, October is the month with the largest number of house fires. Let's review a couple of safety tips. Cooking causes the largest number of fires.However more people die in fires involving smoking materials or heaters...

Most Nursing Homes Violate Federal Standards

Posted on October 01, 2008
More than 90 percent of U.S. nursing homes were cited for violating federal standards. The Inspector General of the Health and Human Services Department reports that for profit nursing homes have a higher percentage of violations than public nursing homes...

Invasion of Privacy and Intercepted Emails

Posted on September 30, 2008
Yesterday, I discovered a Tennessee law that has some teeth to it regarding invasion of privacy. The creates civil liability for any person whose wire,oral,or electronic communication is intentionally intercepted,disclosed,or used in violation of T-C-A 39-13-601...

Palin E-mails , The Right of Privacy, and The Internet

Posted on September 29, 2008
A student at the University of Tennessee is alleged to hacked into Governor Palin's emails. It also happens in divorce cases that one spouse will look at private emails as well. Tennessee has enacted some tough laws to prevent invasion of privacy of electronic communication...

Myspace , Evidence , and Your Case

Posted on August 06, 2008
If you have been injured in any type of accident case, your life becomes an open book. An insurance company or an insurance defense lawyer will investigate your background. I recently had two cases where the myspace page made a case and severely damaged another...

New Efforts to Reduce Motorcycle Accident deaths

Posted on August 04, 2008
The U.S.Department Of Transportation announced new safety measures to improve motorcycle safety.The motorcycle safety measures include new national safety and training standards for new bike riders , an effort to curb counterfeit helmet labeling , place new focus on motorcycle-specific road improvements , and provide more training to police on how to spot unsafe drivers...

Motorcycle Traffic Deaths Rise Again

Posted on August 03, 2008
The National Highway Traffic Safety Adminstration (NHSTA) reported that motorcycle accident deaths rose by 5.1 percent , to 4,810 in 2006 . Traffic deaths rose for all age groups , but older riders were affected the most. In the last 10 years , fatalities have risen by 250 percent in the 40-and-older age group...

Brake Issues in Tractor Trailer Accident Cases

Posted on August 02, 2008
It is common knowledge that a car can stop in a shorter distance than a semi truck or tractor trailer. In a rear end truck accident case , a brake inspection may be necessary after the accident.. What is the braking efficiency of a truck ? It varies due to several factors such as the weight of the load , size of the brake components, tire size as well as other factors...

The Bryan Funeral Home and Vicarious Responsibility

Posted on July 31, 2008
I posted on a recent decision from the Tennessee Court of Appeals on the mishandling of a corpse and it has sparked several comments on the blog. Therefore , I thought I would follow up with a couple of observations. The folks at Bryan Funeral Home may be excellent people as reported on one of the posts...

How Do You Determine Who Is At Fault In A Car Accident Case ?

Posted on July 30, 2008
There are two primary ways to determine fault in a car or truck accident case. First, a driver may be liable for the accident due to negligence which is harder to prove. More on that in a later post. The second way to prove fault is a violation of a statute or law...

Mishandling A Corpse

Posted on July 29, 2008
The Tennessee Court of Appeals has recently released a decision in a case involving the mishandling of a corpse. I do not see this type of case in my practice on a routine basis, so I thought I would discuss the opinion. There are two teaching points in this case...

What Type of Evidence Do You Need To Prove Your Slip and Fall Case

Posted on July 28, 2008
Slip and and fall cases commonly referred to as premises liability are difficult cases. You must have some powerful evidence to win. In slip and fall cases , the superior knowledge of the condition of the premises possessed by the owner triggers liability...

The Liquor Industry Makes Great Laws

Posted on July 27, 2008
Laws on the liability of liquor stores and bars selling liquor or beer is commonly referred to as dram shop laws. I submit that liquor stores and bars have a duty not to sell alcoholic beverages to an obviously intoxicated person.,but the lawmakers in Nashville think otherwise...

Traffic Deaths Fall as Gas Prices Soar

Posted on July 25, 2008
One good thing has come out of the soaring gas prices, Traffic deaths have decreased. Thirty one states report that highway traffic deaths have decreased since the gas crisis.The last time traffic deaths decreased this sharply was during the Arab oil embargo in the early 1970's...

Farm and Tree Nursery Workers Exempt From Workers Compensation

Posted on July 24, 2008
Today, I went to McMinnville ,Tn for a deposition in a case . The tree and shrub nursery industry is big business in Warren County ,Tennessee. The point is that farm workers which includes tree nursery workers are not covered under workers compensation laws...

Tennessee Dog Bite Laws

Posted on July 23, 2008
Who gets the first bite the dog or the young child playing with the dog ? Animal attacks or dog bite cases seem to happen all the time . Under Tennessee law, a owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large...

Sick Truck Drivers Create Danger On The Roads

Posted on July 22, 2008
One of my areas of practice is tractor trailer accident cases. So , I am always interested in reports on truck safety issues. There are medical rules for drivers established by the Federal Motor Carrier Safety Adminstration, however the rules have not been revised since 2001...

Settling Insurance Claims Prior to Trial

Posted on July 21, 2008
There are three ways to resolve your insurance claim. One way is to settle out of court prior to filing a lawsuit or even during the court process. The key point for an effective settlement is to gather facts and information to make the insurance adjuster's job easy to evaluate the claim...

Metro Nashville Employees Not Covered by Workers Compensation

Posted on July 14, 2008
Before , I went to law school . I worked in Dickson,Tennessee, My boss had a saying "if your green your growing when your ripe your done". The moral is always keep learning.I discovered a twist in the law that I thought I would share...

Disqualification of Tractor Trailer Driver

Posted on July 13, 2008
In tractor trailer truck accidents, the driver is always the focal point of the case. The question is has the driver been disqualified as a truck driver. Recently, we had a case where the driver's driving license was revoked and he was driving a dump truck when he crashed into our client...

Worst Insurance Companies in America

Posted on July 12, 2008
Today, let's focus on AIG.AIG is the world's largest insurer. Former AIG claims supervisors have alleged in lawsuits that AIG uses all types of dirty tricks to deny insurance claims such as disposing of documents at pizza parties and fighting claimants for years over all types of silly issues...

The Worst Insurance Companies in America

Posted on July 10, 2008
I am a member of the American Association for Justice. One of its missions is to protect consumers on a host of civil justice issues. Yesterday ,The American Association for Justice issued a press release on the ten worst insurance companies in America...

Georgia Bus Crash Findings

Posted on July 09, 2008
In 2007 , the Bluffington , Ohio Baseball team bus was involved in a tragic accident in Atlanta, Georgia. The National Transportation Safety Board (NTSB) has issued a report placing the majority of the blame of this accident on the Georgia Department of Safety...

Boating Safety Tips

Posted on July 08, 2008
This is a follow up to my post last week on pool safety, but first I would like to thank the folks at Crazy Horse Canoes in Waynesboro , Tennessee for a great canoe trip on the Fourth of July weekend. Most people who die in a boating accident are not wearing a life jacket...

Prevent Drowning Deaths This Fourth Of July

Posted on July 03, 2008
As our great country celebrates it's birthday tomorrow , please be careful around the pools and lakes. This year alone Tennessee has been shocked at the drowning deaths of two children in Memphis at a community pool and one here in Nashville at the YMCA in Donelson...

Workers Compensation Tip

Posted on July 02, 2008
As any worker in Tennessee knows, Governor Bredesen and the Tennessee Legislature gutted workers compensation . They changed the laws for big business. Caps are in place on most injuries that happen in the work place. The exception is when the worker cannot return to the job...

Lead Poisoning Cases

Posted on July 01, 2008
Lead poisoning cases have resurfaced on the public landscape. New theories of liability are emerging to protect our children. One thing we can agree on is that lead exposure can have very harmful effects on a developing young child. The leading source of lead poisoning comes from homes...

Farm Tractor Safety Tips Part II

Posted on June 19, 2008
Here is a follow up to my post on farm tractor safety tips. Farm tractors should be equipped with emergence lighting. Many tractors do not have warning lights. Secondly, farm equipment should be hitched properly. Hitching or towing at points other than the draw bar may result in a rear overturn...

Tractor Safety

Posted on June 18, 2008
In last couple of days , I have been driving to court outside of Nashville to Macon County. I noticed it is hay cutting time in Tennessee. Last year's drought is just a memory and we are blessed with hay for the livestock. After seeing the tractors in the fields and on the highways, it reminded me to write about tractor safety issuses...

Golf Cart Accidents on the Rise

Posted on June 17, 2008
Golf carts are now used off the course. At auto dealerships , schools , and a host of other places , the use of golf carts are on the rise. Due to this use , the number of golf cart accidents has doubled. One reason for the increase is that the carts are not being used as they were intended...

A Visit To The Emergency Room

Posted on June 16, 2008
Last weekend , I traveled out of town with my son , Joseph, for a baseball tournament. Joseph plays for the Nashville Diamonds Baseball Club . I really enjoy watching him play and spending time with him at these tournaments. On Saturday, he was pitching when a line drive came back to the mound and hit him in the head...

Nashville Declared Hotspot for Teen Accident Deaths

Posted on June 12, 2008
All State Insurance Company found that Nashville, Tennessee is one of the ten deadliest spots in America for teenage car accident death cases. All State commissioned a study of the largest 50 metropolitan areas. The study examined federal car crash statistics , claims data on teen accidents , and the U...

Fatique Caused Plane Skid on Michigan Runway

Posted on June 11, 2008
The National Transportation Safety Board found sleepy pilots as the reason for a jet to skid off the runway in Michigan. I found the report interesting due to the fact that sleep fatigue is a factor in a variety of cases that I handle. In this case , the pilots had been up 16 hours, been on duty for 14 hours , and made five landings in "challenging conditions"...

Crane Safety Issues In Construction Site Accident Cases

Posted on June 10, 2008
Recently, crane safety has been in the news after several deaths . Crane inspections are controlled by the Tennessee Occupational Safety and Health Adminstration. Funny , but they do not ever inspect the cranes only the paperwork according to a report in the Tennessean newspaper...

Drowning Death at the Donelson-Hermitage YMCA

Posted on June 10, 2008
Tragedy struck the YMCA here in Nashville this last weekend. A young boy drowned after going down the slide. Our thoughts and prayers go out to this family. After this tragic death , I thought I would write about pool safety issues. My daughter has been a lifeguard for her summer job the last few years and I know the dangers at the pool...

Injured Railroad Worker Wins on Appeal

Posted on June 09, 2008
Andrew Blackburn was thrown from a rail carand was seriously injured.He sued his employer , CSX Transportation Inc., under the Federal Employee Liability Act that protects the railroad workers. A Nashville, Davidson County Jury awarded a $2.9 million dollar judgement for his injuries...

Nashville Police Department Redeploys Tasers

Posted on June 09, 2008
The Nashville Police Department has decided to allow the police officers to use Tasers beginning this month. Tasers were limited in Nashville following the death of a young man who was shocked over 19 times with a Taser. The family of the young man filed a wrongful death suit against Nashville and Taser...

Tennessee Increases Day-Care Inspections

Posted on June 05, 2008
Summer is warming up here in Nashville and the State of Tennessee is increasing it's inspections of day-care bus services. An estimated 36 children die each year from heat exposure inside a car. To prevent these deaths from happening, day-care transportation is being watched closely...

Protecting Your Children From The Monsters

Posted on June 02, 2008
I am shocked when I read the morning paper and I learn of some teacher or care giver being charged with sexual assault on our children. The school system hires them to educate and protect our children but they lie in wait to victimize their students much like a snake in the grass...

Boating Safety

Posted on May 30, 2008
The boating season is just beginning in Tennessee . We are blessed with a great number of lakes thanks to the Corps of Engineers . In Nashville alone , we have two major lakes Old Hickory and Percy Priest ...

Construction Explosion Accident Hurts Fourteen

Posted on May 22, 2008
A explosion rocked a hotel under construction in San Diego. Fourteen workers were injured with five critically injured. Most of the workers were treated for burn injuries...

15-Passenger Van Accident Prevention Tips

Posted on May 21, 2008
As summer is just around the corner , 15-passenger vans are more likely to be involved in rollover crashes. Research shows the deadliest time for these 15-passenger accidents is between June and August...

S'morestick Kits Recalled Due to Undeclared Milk

Posted on April 16, 2008
Grand Carnival LLC, in conjunction with the FDA, is recalling "S'morestick Kits" because the chocolate pieces in the kit contains milk that is not included in the product's ingredients. People who are allergic to milk can suffer serious or even life-threatening allergic reactions if this chocolate is consumed...

Statute of Limitations In Tennessee(2)

Posted on April 03, 2008
A car accident case in Tennessee was dismissed on the basis of the expiration of the statue of limitations. Tennessee has a one year statue of limitations in personal injury lawsuits...

Claim Filed Againist San Francisco Zoo

Posted on March 30, 2008
A claim has been filed againist the San Francisco Zoo by two brothers who were attacked by an escaped tiger. A friend of theirs was killed by the tiger. The brothers are alleging the zoo was negligent in preventing the animal attack. Dog bite cases and animal cases are common in Tennessee ...

Hulk Hogan Sued for Son's Car Accident

Posted on March 25, 2008
Wrestler Hulk Hogan was sued in Florida by the family of a man who was critically injured in an accident involving Hogan's son. It is alleged that the Hulkster knew his son liked to speed and race other drivers. The purpose of the post today is when can a parent be sued for the acts of his child.

Proving Your Medical Expenses

Posted on March 13, 2008
Proving your medical bills is a hard problem for most of my clients to understand. The general public assumes that once you get treatment for your injuries in a truck accident case that you simply provide your medical bills to the insurance company...

Update on Cellphone Distractions

Posted on March 10, 2008
A new study reports that simply listening to a cellphone distracts drivers. Several states ban drivers from using cellphones while driving but allow hands-free cellphone use. Most drivers think hands-free cellphone use is safe, however new studies show it can be just as distracting...

Make Sure That Windshield Is Clean

Posted on March 07, 2008
Snow and ice are predicted for Middle Tennessee this weekend. Make sure your windsheild is free from anything limiting your ability to see. A driver in Nashville , Tennessee did not clean his windsheild and a young boy went to the hospital with a broken leg...

Cellphone Accident Case Settles For Millions

Posted on March 06, 2008
A Georgia woman recovered a $ 5.2 million dollar settlement from a paper company whose employee was using a cell phone. Debra Ford was rear-ended by a company car that was owned by International Paper Co. The key issue was whether the employee was using her cellphone at the time of the car accident...

Insurance Coverage in Tractor Trailer Truck Cases

Posted on March 05, 2008
Congress enacted laws to make sure the public was protected for motor vehicle accidents involving big trucks. Federal regulations impose minimum insurance coverage of $750,000 for non-hazordous commerical carriers with a gross vehicle weight rating of 10,000 or more pounds ...

Insurance Coverage in Tractor Trailer Truck Cases(2)

Posted on March 05, 2008
Congress enacted laws to make sure the public was protected for motor vehicle accidents involving big trucks. Federal regulations impose minimum insurance coverage of $750,000 for non-hazardous commerical carriers with a gross vehicle weight rating of 10,000 or more pounds ...

Motorcycle Safety

Posted on March 02, 2008
Last week , our office accepted a motorcycle accident case. My client was seriously injured when an elderly lady turned right in front of his motorcycle . She was cited for failure to yield. The motorcycle he was riding is commonly refered to as a crotch rocket ...

Civil Justice System has been Sold

Posted on February 27, 2008
The American Civil Justice System has been sold to the highest bidder---and the results are in! Big Business has bought the Civil Justice System. The founding fathers put in place the right for all people to have a trial by jury. The jury system has worked to protect citizens in a variety of cases, from the Pinto fire explosion to the Exxon Valdez oil spill...

Big Business Controls Justice in Tennessee

Posted on February 25, 2008
Big Business has taken over the court system. First , the nursing home industry is pushing for damage caps on nursing home lawsuits. The nursing home groups want to put a $ 500,000 monetary cap on nursing home lawsuits. This proposal comes when the nursing home care is at an alltime low in terms of quality patient care...

Yamaha Rhino Accident Cases

Posted on February 22, 2008
Our office is now investigating Yamaha Rhino accident cases. Yamaha Rhinos are all terrain vehicles where a driver and passenger sit side by side. In September 2006, Yamaha issued a warning letter to all owners. The warning stated "if you are in a situation where the vehicle is tipping over, do not put your arm or leg outside the vehicle to try to stop it...

What is a Deposition ?

Posted on February 18, 2008
I have spent the day preparing for depositions and I thought it might be a good topic to discuss.Once your lawsuit is filed , you will probably be required to give your deposition . A deposition is simply a question and answer session. It is done under oath just like you were in court...

What Does An Accident Recontructionist Do

Posted on February 15, 2008
The last part of a truck accident investigation may involve an accident reconstructionist. A expert may be used if it is not clear what happened at the truck accident scene. A truck accident reconstructionist will look beyond what happened , but why it happened ...

Truck Accidents in Bad Weather

Posted on February 14, 2008
Yesterday , Middle Tennessee had some winter weather and snow hit the ground. We also had a serious truck accident case that happened on Interstate 65 in Williamson County ,Tennessee. A three car accident which involved a tractor trailer shut down traffic on I-65 for several hours...

Truck Accident Investigation at the Scene

Posted on February 13, 2008
The scene investigation is focused on data and evidence collection after a serious injury , fatality , or extensive property damage truck accident. There are four main areas in the investigation process . First , evidence is located on the roadway and measured to place it on its final resting place...

Investigating The Truck Accident case

Posted on February 12, 2008
Every day in the United States , there are around 16,000 car accidents . Traffic accidents involving commerical vechicles and tractor trailer trucks are confusing , complex , and overwhelming to both police and those injured . The first step in these truck cases is the accident report ...

Trucking Law Seminar

Posted on February 11, 2008
I had to work a full time job while I was in law school to support myself , my wife and our first child . My boss had a good southern phrase , " When your green your growing , when your ripe , your done". It means you always need to learn to improve your skills or you will become stale and dated ...

Mediation is the Trend in Settling Cases

Posted on February 01, 2008
Most personal injury cases are settled out of court . One way to settle your case is though mediation . Mediation is a non-binding form of alternative dispute resloution . The mediation process begins when both sides agree to a mediator...

Pedestrian Safety

Posted on January 30, 2008
At night when I am driving home , I see a number of walkers and joggers out exercising . Most do not wear any reflective clothing or use any lights . I almost hit one person . I thought i would look up the law on the use of the roadways by walkers and joggers in general...

Statute of Limitations in Tennessee

Posted on January 28, 2008
I talked to an attorney from Cleveland , Ohio today who ran across my blog . He asked a simple question about the statute of limitations in Tennessee as it relates to a truck accident case . The statue of limitations refers to when you must file your lawsuit ...

Wal-Mart Takes Accident Victim's Cash

Posted on January 16, 2008
A Wal-Mart employee was left brain damaged and in a wheel chair as a result of a tractor-trailer accident . The insurance company settled her case for $700,000. She was unable to work and was left with $ 417,000. after expenses to take care of her for the rest of her life ...

Insurance Companies Overcharge Customers

Posted on January 14, 2008
Well, I knew that insurance companies overcharge their clients and underpay the claims for years , but now there is evidence to support my belief . The Consumer Federation of America reports that insurance companies "methodically overcharge consumers , cut back on coverage and underpay claims"...

Tennessee Titans Move for Dismissal in Pacman Case

Posted on January 09, 2008
The Tenneessee Titans have filed a motion to dismiss a lawsuit involving Adam "Pac Man" Jones in Las Vegas, Nevada. The victims of the shooting have alleged that the Titans are somehow responsible for the injuries sustained as a result of the shooting...

Circus Comes to Nashville Today

Posted on January 08, 2008
Today, the circus came to Nashville. The circus will be here for approximately six months. The circus to which I am referring is also known as the Tennessee State Legislature. The question is not how many laws they will pass but how many of the representatives will get into trouble while it is in session...

Driverless Cars Predicted To Cut Traffic Deaths

Posted on January 07, 2008
General Motors announced plans for a driverless car which could be on the market in ten years . Much of the technology is in place for these super cars to head to the road . A key benefit of this technology will be safer roads and reducing the 42,000 traffic deaths that happen in the U...

The Loss of a Loved One

Posted on January 06, 2008
The loss of a loved one brings with it a rush of emotions . It is especially true if the loss happens in a sudden or tragic accident . I came across an article that had a few good ideas on how the handle the loss . First , cry . The problem starts when people try to avoid grief ...

Liability of Schools for Childrens Safety

Posted on January 04, 2008
Yesterday , I wrote on the topic of school liability for injuries to children . The Tennessee Court's have held that " society places a significant responsibilty upon school officials to provide a safe enviroment for our children". However , the schools are not the insurers of our child's safety ...

Nashville School Assault Case Goes On

Posted on January 03, 2008
Two Nashville Tennesse school students are still seeking justice from being victims of a sexual assault from a fellow student . In 2006 , two students were sexually assaulted on a school bus . The families are fighting in Federal Court to discover the number of assaults that happen on Nashville school buses ...

Tennessee Holiday Traffic Deaths Down

Posted on January 02, 2008
The Tennessee Highway Patrol reported at least nine people were killed in car or truck accidents in Tennessee over the holiday period . Last year over sixteen people were killed in traffic accidents . In one accident , the driver was not wearing a seat belt ...