Articles Posted in automobile accidents

In a recent interview, attorney Jim Higgins from the Higgins Firm shed light on the concerning rise in pedestrian and bicycle accidents in Tennessee. Heather Mattis delved into the issue, discussing its legal implications and the urgent need for action to address this growing problem.

As an attorney with over two decades of experience, Jim Higgins has witnessed firsthand the evolving nature of personal injury cases. While his firm has handled a variety of accident cases over the years, Higgins notes a significant uptick in pedestrian-related incidents, particularly in bustling cities like Nashville.

No matter how you choose to get around, it’s essential that you understand the different legal implications of each method. From Uber and Lyft to taxis and beyond, there are plenty of ridesharing options out there—but who is liable in the case of an accident?  Jim Higgins was recently interviewed on this topic and you can watch it here:

SOME MORE INFORMATION ON THE SUBJECT:

Nathan Mauer was a defense lawyer on the insurance company’s side. However, he now only fights for people going against the insurance company and making claims for personal injury. If you’ve received a personal injury and you’re seeking compensation, it might be best to consult a lawyer that used to defend the people you’re going up against.

Please continue reading to learn more about how Nathan Mauer’s past on the other side can benefit your case. Sometimes, having outside perspectives can be massively beneficial in the courtroom.

On March 18, 2018, Elaine Herzberg, 49, was struck and killed by a self driving Uber car. The Tempe resident had been crossing the road with her bicycle when the automobile driven by a robotic computer failed to stop before hitting her head on.

At first Tempe police said Herzberg was at fault. Their report stated that she had come “from the shadows” stepping off the median and into the road. Herzberg was jaywalking with her bike and ended up in the path of the vehicle. Legal experts monitoring the case have already said that Herzberg will likely be criticized for jaywalking and also for being homeless with a criminal history. They have also been quick to follow up these criticism by explaining that Tempe is not bicycle or pedestrian friendly meaning jaywalking is absolutely necessary to cross the street. Furthermore Herzberg was actively trying to get her life back on track.

The self driving Volvo XC90 Uber car did have a safety driver behind the wheel.  Video footage shows  Rafaela Vasquez  looking down rather than onto the road. Her hands were not on the top sides of the steering wheel as recommended by Uber. Vasquez was also not a professional driver and had a history of driving offenses,  although they were not enough to disqualify her from the position. If the case is prosecuted, she is likely to come under intense scrutiny. Vasquez has not been charged.

A new study published by the travel and insurance group, AAA, has shown that one out of 10 car accidents on U.S. highways result from drowsy driving. This number is eight times greater than previous estimates and has created a panic in the auto industry with many automakers already trying to find ways to alert drivers when they begin to nod off.

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The U.S. Supreme Court has told GM that it will have to face the potentially billions of dollars in multiple legal claims after installing a deadly ignition switch in their cars. GM argues they were ‘free and clear’ of liability and use their 2009 bankruptcy sale as an appeal.

The justices overseeing the issue left no comment in the federal court appeals ruling which stated any accord of bankruptcy would not protect GM from accidents, and any following claims, that happened before the sale. Lawyers of plaintiffs estimate current claims total for nearly $10 billion dollars. This number could increase should there be more lawsuits to follow.

This ruling is another setback for Mary Barra, the GM Chief Executive Officer. She has already experienced woes within the company. In her first year, her role as CEO was heavily occupied by the ignition defect which is directly associated with at least 124 deaths and recalls of 2.59 million cars. One financial analyst says there is a finite risk which will require GM to reconsider buying back stock or paying out its

The futuristic dream of self driving cars could be a reality sooner than many people realize. In fact self driving cars already exist. Companies like Google and Tesla have cars that are nearly autonomous and lack a steering wheel or foot pedals. They could revolutionize the idea of driving, reduce the number of accidents or decrease traffic jams. That’s if the legal concerns encompassing them don’t slow down their full public release.

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A bill has been filed in the Tennessee General Assembly that would make drivers immune from any civil liability if they hit and injure a protester who is blocking the road. The proposed bill was filed in early February by Sen. Bill Ketron, R-Murfreesboro, and reads:

“A person driving an automobile who is exercising due care and injures another person who is participating in a protest or demonstration and is blocking traffic in a public right of way is immune from civil liability for such injury.”

According to the bill, if the driver intentionally hit the protester or did not exercise due care, they are not immune to being sued in a civil court. This bill is one of many that have been filed nationwide; each specifies similar protection for drivers, and targets protestors. Other proposed bills have been filed that would hold protestors financially liable for causing law enforcement officials to work overtime; thereby, leading to millions of dollars in overtime pay.
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It’s a breathalyzer for cell phones. A new device could be the start to an end of texting while driving in Tennessee. State Sen. Lee Harris, Democrat of Memphis is pushing for a bill to be passed that allows law enforcement officers to combat driver distraction with the “Textalyzer”. As a spin on the “breathalyzer” this device can show whether or not a driver was texting just prior to causing an accident.

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As drivers and passengers, we count on airbags to protect us in the event of a collision. Few people would think that these airbags could actually be the source of trauma and pain. Unfortunately, this is exactly what’s happening with airbags produced by Takata. Typically found in Hondas, these airbags are incredibly dangerous and explosive. In one case, a 17-year-old girl lost her life due to this faulty product.

The Case

Huma Hanif was killed on March 31 after her Civic was in an accident. The airbag inflated like it was supposed to but not without a metal piece breaking apart and causing her fatal injuries. This is in-line with the reported explosions happening in the metal canisters that are part of the Takata airbag make up. Grieving for their loss, her family filed a lawsuit against Takata, the car dealer they purchased the Civic from, and Honda. All three have recently settled the case with her family outside of court. The settlements were for an undisclosed amount, as is common in these types of cases. Due to this incredibly tragic event her family will mourn their loss for the rest of their lives. Money can’t bring her back, but the settlement can ease any financial burdens caused by this loss.

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