Tennessee Injury Lawyer Blog

Not everyone who is in an car accident needs a lawyer. It really depends on several factors such as the amount of damages and whether liability is in question. Recently, Tennessee attorney Jim Higgins was interviewed on this topic. You can watch the show below:

Car accidents are one of the most common sources of legal problems for people throughout Tennessee. If you have been in a serious car wreck and have questions, feel free to call and speak to own of our Tennessee Car Wreck Lawyers today.

In Tennessee and all across the country, many people unfortunately get into accidents with cars that result in serious injury for the people involved. However, these accidents can result in even more serious injuries when a car or truck hits pedestrians. According to a recent lawsuit, on March 26, 2008, , Frank Guenther, of Guenther and Sons towing attempted to drive a tow truck around a car that was waiting for a Southern Railroad Company cargo train at the Route 9 railroad , trying to make it over the tracks before the train arrived. Guenther did not make it across in time and the train clipped the back of the tow truck sending it spinning into three pedestrians. Kathleen McWhite one of pedestrians was thirty-two at the time and suffered leg fractures and lacerations. Jerome Seymour, then thirty-three, and Sebrina McWhite, then twenty-eight and the other pedestrians involved, suffered back injuries.

The three pedestrians filed a lawsuit against Guenther who filed a lawsuit against the railroad, claiming that the railroad did not have gates that lowered when the train approached. The lawsuit filed by the pedestrians also states that, the driver of the tow truck always denied responsibility for directly causing the accident. This led to the pedestrians extending their lawsuit to include the railroad.

The representative for the railroad Jon Filorilla stated that, “This case is very unusual because the plaintiffs didn’t initially sue the railroad at all. We really didn’t do anything wrong, but they had to cover themselves for any possible defendants. If they hadn’t done that, it wouldn’t have been good lawyering.” He went on to state that, “The state requires railroad intersections like this one be equipped with flashing lights and bells, which were both present and working at the time of the daytime accident.”

The case was set to go to trial in January but a settlement was reached following mediation. Kathleen McWhite will receive $750,000 for her injuries, and Sebrina McWhite and Seymour will receive $200,000 and $50,000. Guenther will pay ninety percent of that amount and the railroad will pay the balance.

Continue reading "2008 Crash with Tow Truck Results in $1 Million Settlement for three pedestrians" »

Recently our senior partner, Jim Higgins, was interviewed about what to do from a legal standpoint if you are in a car accident. The interview covers information that we have found to be very important when pursuing auto accident cases for our clients. You can watch the entire interview here:

If you are in an accident, please remember these basic tips:

- First make sure everyone is okay and get any medical attention needed.
- Take pictures of the accident scene with your cell phone or camera. Be sure to include photographs of the cars in the accident.
-Get the name, phone number and emails of any witness. We find emails are important as people keep those even when they may change their phone numbers.
-Do not give a recorded statement to the insurance company.

Continue reading "Attorney Jim Higgins inteviewed about what to do if your in a car accident" »

In Tennessee and all over the United States, people can be seriously injured or even die in automobile and ATV accidents, especially if the person driving these vehicles is under the influence of alcohol. According to a recent lawsuit, an ATV crash killed Jonathon Byram, a nineteen year old college student after a 2009 Independence Day party. In the early morning of July 5, 2009, Byram was a passenger on the vehicle which was being driven by Mark Renehan, also a college student. The ATV vehicle flipped over resulting in the fatal crash. Mark Renehan was charged with homicide and involuntary manslaughter. He was later acquitted of the charges by a jury.

Daniel Byram, the victim’s father, filed a federal lawsuit claiming Mark Renehan was intoxicated and driving excessively fast and this caused the death of his son. The lawsuit goes on to claim that Mark Renehan’s family served alcohol to them on a “continuous basis” over several hours leading up to the time of the crash and that Mark Renehan had admitted to the police that he had consumed alcohol.

The criminal investigation and trial were held back due to Mark Renehan invoking his Fifth Amendment rights and also refusing to have a blood alcohol test done. The case has now been settled for $2.7 million.

Continue reading "Fatal ATV Crash Lawsuit Results in a $2.7 million Settlement" »

Texting and driving has become a dangerous problem in Tennessee and throughout the county. Over the past couple of years, some of the most tragic automobile accident cases in our law office have involved distracted drivers.

Recently, Jim Higgins was interviewed about Tennessee laws to prevent distracted driving and how these cases have increased over the years. You can watch the interview here:

Continue reading "Information about texting and driving laws in Tennessee" »

A jury recently decided to award the estate of James Lafayette Taylor $1.5 million after he was struck by a cabbie four years ago and died in 2008 as a result from his injuries. The lawsuit claims that the cab driver who hit Taylor was partially blind and had a club foot which made him incompetent as a driver. Taylor’s attorneys stated that the cab driver’s disabilities were confirmed last month.

Defendant Rodney Charles Garrett was driving for the Cab Company and the lawsuit also named defendants Subhan Chaudhary, owner of the Cab Company, Shaukat Ali, owner of the taxi Garrett was driving when he hit Taylor, and the Cab Company. Garret who was driving the cab at the time of the accident is blind in one eye and required corrective surgery or lenses in the other eye and also had a club foot according to the lawsuit complaint. The lawsuit also states that Chaudhary knew when he hired Garrett the man had disabilities and a suspended license, which Garret had regained at the time of the accident.

The lawsuit against the driver, cab owner, and cab company owner also claims that Ali allowed his car to be used by the Cab Company without a background check or assurance from Chaudhary that the drivers were competent. Finally, the lawsuit claims that Garret was traveling at an excessive speed and negligently hitting Taylor. The civil lawsuit did not accuse the defendants of criminal acts but of negligence in causing Taylor’s injuries and death. Taylor suffered brain injuries that left him in severe pain and ultimately caused his wrongful death eight months after the accident which occurred on June 15, 2007.

Continue reading "Cab Company Hit with $1.5 million Verdict after Blind Man’s Death " »

In Tennessee and all across the United States, many people unfortunately get behind the wheel of a vehicle after they have been drinking. Unfortunately, many times this careless action leads to someone being seriously injured or even dying. If you or someone you care about has been injured or affected by a drunken driving accident, then you should talk to a Tennessee personal injury lawyer as soon as possible.

In this case, Charles, “C.J.” McAlhaney, 23, died after a drunken driving car accident in 2006. The defendant in this lawsuit pled guilty to three felony counts which related to McAlhaney’s death in 2010. The defendant received a nine year prison sentence, with three years suspended. This was one of the largest personal injury verdicts awarded in the state in 2011. The case was taken on a pro bono basis after a referral from the Mothers Against Drunk Driving. The judge awarded Robin Chaplin, McAlhaney’s mother, $3 million for the loss of an adult child.

Continue reading "Drunken Driving Lawsuit Results in $3 Million Award " »

In Tennessee and across the country, we have all heard or even witnessed tragic events happening to many people when drivers who are under the influence of alcohol decide to get behind the wheel. Some of us may have friends or family members that we lost because of it or even just a coworker. If you or someone you love has lost someone or been injured due to a driver under the influence of alcohol, you should speak with a Tennessee personal injury lawyer right away. They will hear your case and work with you to make sure you get the compensation you deserve for the pain and suffering that you have been caused.

In this case, Andrew Thomas Gallo had a blood alcohol level of more than twice the legal limit when he sped through a red light and crashed into a car. The crash killed Los Angeles Angel pitcher Nick Adenhart who was just beginning his first full season in the major leagues. He had just pitched his fourth Major League Game hours before. The crash also killed Courtney Stewart a twenty year old student and former cheerleader and law student Henry Pearson, age twenty-five, who was working towards becoming a sports agent. Finally, Jon Wilhite, a former a former baseball player for the Cal State-Fullerton Titans was critically injured and now stable.

Gallo was being drunk while on probation and also was driving with a suspended license when his vehicle going about sixty-five miles per hour crashed into Adenhart’s vehicle at 12:23 a.m. on April 9, 2009. His license had been suspended due to a prior drunk driving conviction in 2006.

Two hours after the crash Gallo’s blood alcohol level was 0.9% which was well above the 0.8% legal limit, according to authorities. Gallo was sentenced on December 22, 2010, to 51 years to life in prison after a jury found in guilty in September of three felony counts of murder, felony drunk driving and two other felonies.

Continue reading "Drunken Driver Gets Sentence of 51 Years for Killing Baseball Pitcher" »

In Tennessee and many places across the United States, people unfortunately leave their keys in their car. Now, many people just see this as an unfortunate incident for the owner of that vehicle. However, a Tennessee appeals court has ruled that it may have many more consequences such as being responsible if a thief steals your car and crashes. If you have questions or concerns about this ruling or how it may affect your case, you should speak with a Tennessee automobile accident and personal injury lawyer right away. They will help answer any questions you may have.

In a case involving a police chase, a stolen car and a wreck in May 2007, the Tennessee Court of Appeals ruled earlier this week that a person can be held responsible for a car thief’s crash if they keys were left in their vehicle. The Court of Appeals upheld a lower court’s decision to dismiss a lawsuit against the city of Murfreesboro and its police department for a crash that involved a fleeing stolen car and another car with three people. However, the high court stated that a lawsuit against a man who left the keys in the car before it was stolen should continue.

Sandra Newman and her family were hit by the driver who had stolen the car and they are claiming negligence against Rubye Jarrell who the car was registered to, her grandson, Joseph D. Ash Jr., who left the keys in the car, and the unknown driver of the other car. The lawsuit also alleged negligence on part of the police department for pursing the stolen car before the accident in May 2007.

The court stated that it did not matter whether the keys were left in the ignition, in the front seat or left in plain sight.

Continue reading "Tennessee court rules a person leaving keys in car can be held responsible for car thief’s crash" »

Who hasn't been tempted to send a quick text while sitting at a red light. You're almost through with the message when the light turns green. You know it's green because the guy behind you honked to let you in on it. Still, you just have one or two more words so you roll out slowly, finish the text, drop the phone, hit the gas harder and turn your attention back to the road.

Time sitting at a light doing nothing is seen as wasteful unproductive time. No one likes to be unproductive. But a recent test by Car and Driver, a legally drunk (.08) driver going 70 mph stopped six feet over the distance of his baseline performance. The sober man who was reading an email stopped 36 feet past his baseline and 70 feet farther while sending a text. In his worst performance he went a whopping 319 feet beyond baseline. That's almost into the next county. Not really, but it is an astounding number, especially when you stop to think about what could have been in his way along those 319 feet.

Fatalities due to texting while driving are on the increase. As our society sends more and more texts, more and more frequently it's being done while behind the wheel. And it's not just the drivers who are impacted by this but also any passengers or others who may be hit by the texting driver.

As of July 1st, 2009 it's been illegal in Tennessee to text and drive. We all know it happens every day all around us. Hopefully, you no one you care about will find yourself on the wrong end of a driver who's distracted by texting.

Continue reading "Texting While Driving More Dangerous Than Drunk Driving" »

Lawyer John Higgins discusses your legal options in relation to speeding tickets in Tennessee.

If you have questions regarding a speeding ticket contact John Higgins at TNJUSTICE.COM

According to government statistics approximately 45 pedestrians are killed annually nationwide every year in school bus/pedestrian accidents. Of those accidents about 80% of the pedestrians killed are students. 2/3 of the total number of fatalities are struck by the front of the bus. During the last two years, two children in Washington have died after being run over by the front wheels of a bus.

In an attempt to lower the number of school bus/pedestrian accidents, North Carolina, South Carolina, Virginia, and Georgia have mandated the use of crossing control arms mounted to the front of all school buses. When extended the force students to walk at least five feet in front of the bus, which keeps the students within the bus driver's view.

I would encourage you to contact your local school board, councilman or legislature and request that Tennessee join this group of states. Nothing would make me happier than to never have another parent in my office morning the loss of a child. This is one more way we can keep that from happening.

Well, it’s that time of year. Trees get their leaves back, flowers bloom, and you waking in the morning to the gentle humming of a ninety-pound jackhammer. Yup, folks, it’s road construction time again.

Major upcoming or continuing road projects for the Nashville area include:

• Installation of traffic cameras and overhead dynamic message boards along I-440, I-65, I-24, and I-40. Look out for repairs to concrete along I-440 over the coming weeks.

• Resurfacing at night on I-65 and parts of I-40, I-24, and I-440 along the downtown loop. Driving north, watch out for resurfacing on I-65 between Honey Run Creek and Mile Marker 121 at night. Driving south, on I-65, watch out from Moore's Lane to the Davidson County line.

• Lebanon Road Bridge Construction (new bridge over the Stones River on Lebanon Road).

• South of Nashville: Look out for construction widening I-24 from SR 96 to SR 10 (US 231). Construction on I-65 of a new interchange on I-65 at McEwen Drive.

(information courtesy of the TN Department of Transportation)

With only 23 automible accident injuries and no fatalities in Shelby County last month (March) and with about three-quarters of our state now wearing its seatbelt (up 16% since 2000, according to the National Highway Traffic Safety Administration’s 2007 report), we’re doing something right on the road.

Let’s keep eye on the road, our hands at ten and two, belts buckled, and feet near the brake as we pass through these construction zones. Look out for our workers’ safety and your pocketbook: speeding violations in construction areas will cost you an additional $250-$500.

Reading the paper today I see that one of our lawmakers had an accident and appears to have been drunk. It also appears that he was drunk after attending three legislative sessions. This accident is upsetting on so many different levels.

To begin, and to state the obvious, we have a legislature that has drunk driving accident. A person that we have elected to draft laws to keep us safe. Each year I handle a number of cases where people have been injured by drunk drivers. It is difficult for any family to understand such a senseless crime. I can't imagine the betrayal a victim would feel if they were hit by a drunk representative.

Second, it really makes you wonder what type of events had he been attending. I have no problem with social and responsible drinking but if we have lobbyist getting our legislature loaded and sending them out on the road, we really need to get control of the situation.

Over the past two years Traffic fatalities have gone down in Tennessee, according to statistics. Two new laws are getting some credit in reducing the fatalities. One is the new lower minimum blood-alcohol content of 0.08 percent for drunken drivers and the second is a law which allows police officers to pull over motorists who aren’t wearing seatbelts.

It is amazing the impact these two factors have on fatality accidents. It is also interesting how simple it is to put on a seatbelt but so many of us forget. In fact, after dropping my son off at school last week a policemen pulled me over because I wasn’t wearing my seatbelt. I felt so dumb thinking about all of the devastating accident cases my office has handled where peoples injuries were exacerbated because that did not use their seatbelt. So I encourage all of you to take those extra few seconds to buckle up.

Thirty-nine-year-old William Hamilton Jr. was crossing Broadway at Third Avenue In Nashville, Tennessee on his way home from work Monday evening when he was struck by a Metro Transit Authority bus. The collision left Hamilton with broken ribs, a deflated lung, and several other injuries. The bus driver, Dujuan Thompson, who was turning left onto Broadway when he hit Hamilton, was cited for his failure to yield to a pedestrian in a crosswalk. He will continue driving city buses for the MTA while the accident is reviewed and William Hamilton Jr. heals from his injuries.

Automobiles are so commonplace in our culture that we take them and the dangers they pose to us for granted. Most of us simply accept the six-million US car accidents per year as a part of our lives, and only truly grasp how great that number is when we or someone we love becomes one of the three-million people injured or killed by those accidents.

This past Monday, the true dangers of automobiles became quite real to William Hamilton, Jr. and his family. While his injuries were not maliciously inflicted, he would be able to walk home from work today if only the bus driver had been more attentive. Hamilton, like all other individuals injured as a result of another’s negligence, deserves to be provided with the best medical attention possible and enough money to make up for his lost wages and recovery. If you or a loved one has a story like Hamilton’s, make sure you were properly compensated. If you suspect that you weren’t, we are here to help.

On October 5th, tire workers in Tennessee and other areas of the country walked off the line and into the streets in protest of Goodyear Tire’s proposal to gut their wages, health care benefits and retirement packages. Goodyear responded to the ongoing strike of over 16,000 United Steelworkers members by hiring thousands of temporary employees. The fill-in workers have been keeping the factories humming, but their inexperience may prove to be more costly to drivers everywhere—and ultimately to Goodyear Tires—than providing union employees with the wages and benefits they deserve.

A formidable group of United Steelworkers and their supporters demonstrated in front of the Nashville Goodyear Auto Service Center on November 18th in effort to raise the public’s—and Goodyear’s—awareness of the danger that temporary auto workers may cause to Americans’ lives. The group cited a study done by Princeton University scholars that linked 271 deaths and more than 800 injuries to the year 2000 Firestone/Ford recall of 14.4 million tires manufactured during times of labor strife by temporary workers. In addition to getting fairly compensated for their work, the workers want to keep drivers alive by learning from the mistakes of others.

Tomorrow, December 16, the United Steelworkers are sponsoring a nationwide Goodyear Day of Action to further inform the public about Goodyear’s labor policies and the dangers associated with the thousands of tires that inexperienced laborers are manufacturing daily.

You can help keep our roads safe by joining the union members at Goodyear’s Nashville store at 405 Harding Place where they will be handing out leaflets to shoppers from 9 to 11 in the morning. Your presence there may help prevent the kind of needless deaths that took place at the hand of defective tires in 2000. Our firm will continue to educate the public about how to minimize such tragic accidents, and to help those who are victims of them get the justice they deserve.

Last week a young man lost his life after he was served alcohol at a downtown Nashville nightclub. Bryson Maynard lost his life early Saturday morning. Accordingly to witnesses the downtown nightclub staff and management knew the boy and his friends were - and still served them. Bryson was killed in a car wreck that night.

Unfortunately, our legislature has made it difficult to hold bars and restaurants responsible for people injured consumption of alcohol. Specifically, the law declares that the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person. This law was passed after lobbying by the liquor, restaurant and hotel industry. It places profit over people. Fortunately, the legislature did place a very limited exceptions to hold the seller responsible. Specifically, a seller can be liable if a jury of twelve (12) persons finds beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:
(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or
(2) Sold the alcoholic beverage or beer to an obviously intoxicated person and such person caused the personal injury or death as a direct result of the consumption of the alcoholic beverage or beer so sold.

This is a hard burden to carry. It is sad that these business are given such preferential treatment and the legislature has such disregard for our safety. It is apparent that the have not suffered the loss of a child to a drunk driver. Our firm will fight for a change in this immoral law.

Two middle Tennessee car accidents tragically claimed the lives of two children within 16 hours. Also, two other women were killed and 13 other people seriously injured. The child who died in the first wreck was not riding in a car seat.
Police said that the child, who was sitting on her mother’s lap and bound by her seat belt, was ejected on impact and died the next day in a hospital. This loss emphasis the importance of using a child safety seat. Following are safety tips from the government as to the proper use of child safety seats.

Seats are to be secured to the vehicle by a safety belts or by the LATCH system.
-Do not use in a front seat where an air bag is present.
-Tightly install child seat in rear seat, facing the rear.
-Child seat should be reclined at approximately a 45 degree angle.
-Harness straps at or below the child’s shoulder level (lower set of slots for most convertible child safety seats).
-Harness straps should fit snug on child; harness clip at armpit level.
Less than 1 year/ 20-35 lbs. Convertible Seat/used rear-facing (select one recommended for heavier infants).

Seats should be secured to the vehicle by the safety belts or by the LATCH system.
-Do not use in a front seat where an air bag is present.
-Tightly install child seat in rear seat, facing the rear.
-Child seat should recline at approximately a 45 degree angle.
-Harness straps/slots at or below the child’s shoulder level (lower set of slots for most convertible child safety seats).
-Harness straps should fit snugly on child; harness clip at armpit level.
PRESCHOOLERS /
TODDLER 1 to 4 years/ at least 20 lbs. to approximately 40 lbs. Convertible Seat/forward-facing or Forward-Facing Only or High Back Booster/Harness.

Seats should be secured to the vehicle by the safety belts or by the LATCH system.
-Tightly install child seat in rear seat, facing forward.
-Harness straps/slots at or above child’s shoulders (usually top set of slots for convertible child safety seats).
-Harness straps snug on child; harness clip at armpit level.
YOUNG
CHILDREN 4 to at least 8 years/unless they are 4’9" (57") tall. Belt-Positioning Booster (no back, only) or High Back Belt-Positioning Booster.

NEVER use with lap-only belts—belt-positioning boosters are always used with lap AND shoulder belts.
-Booster used with adult lap and shoulder belt in rear seat.
-Shoulder belt should rest snugly across chest, rests on shoulder; and should never be placed under the arm or behind the back.
-Lap-belt should rest low, across the lap/upper thigh area—not across the child’s stomach.