There have been several tragic accidents this year in Tennessee as a result of drunk drivers. When this occurs questions arise not only about the driver of the car but also about other potential people that may share responsibility. Specifically, whether a bar or restaurant served a person they knew was drunk or underage. This is known as dram shop cases.
You can watch Tennessee Lawyer, Jim Higgins, on the interview below to learn more about this topic:
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.
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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.
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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.
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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:
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.
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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.
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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.
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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.
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