Tennessee Injury Lawyer BlogAs discussed on this blog, private individuals are frequently the subject of negligence and wrongful death lawsuits for automobile accidents that resulted in injuries to others or lost lives. But it is not always private individuals or private automobiles that are the cause of deadly car crashes. In many instances, employees may be driving company cars when they suddenly run a red light, or a government official may be using a government vehicle that becomes part of an accident scene. In these situations, liability can become more complicated and extend beyond the driver to the corporation or government agency that was “controlling” the driver or the car at the time of the accident. A recent case in the Court of Appeals of Tennessee considers what happens when government employees and their vehicles are involved in life-changing accidents.
Articles Posted in Wrongful Death
Tennessee Courts Limit Liability for Property Owners With Minimal Control Over Day To Day Activities
Premise liability is a common issue of concern for many property owners. By allowing tenants, guests, or customers onto one’s property, property owners inherently take on a degree of liability for injuries or accidents that may befall these third parties. However, the doctrine of premise liability must have limits – property owners cannot be held legally responsible for every bad act that might occur, especially when such incidents happen to be unpredictable. This is particularly true in the case of landlords or property owners who may not be physically present on the property and have entrusted much of its care and use to tenants or other parties. A recent case in the Tennessee Court of Appeals considered whether tort actions could be maintained against property owners who had only minimal control over the actions leading up to the tort claims.
In Choate v. Vanderbilt University, an ex-wife brought a wrongful death claim against several parties in relation to the death of her former husband. Mr. Cox was a patient receiving dialysis treatments for end-stage renal disease at the Vanderbilt Dialysis Clinic. Although Vanderbilt technically owned the property where the clinic was located, a separate company, Bio-Medical Applications of Tennessee, Inc, operated the clinic and it was Bio-Medical employees who assisted Mr. Cox when he visited. While at the clinic in June 2009, Mr. Cox was set to have his weight taken with the assistance of Bio-Medical employees. Mr. Cox was in a wheelchair due to an amputated leg and had been instructed to seek employee assistance while moving around the clinic. After going to the bathroom, Mr. Cox proceeded to the scale to weight himself without notifying employees of his need for help. While attempting to get on the scale, Mr. Cox fell backward and suffered severe head injuries. Despite surgery, he remained unresponsive and died several weeks later.
Sixth Circuit Remands Tennessee Medical Malpractice Claims for Widow of Veteran
The case of Tracy Lynn Eiswert is a long and complicated one that sheds light on the difficulties that plaintiffs may face in receiving justice under Tennessee’s current medical malpractice laws, and the role of the federal court in shaping the understanding of such laws.
Scott Walter Eiswert was a Tennessee resident and National Guard member who committed suicide in 2008. Scott sought treatment for mental health issues he suffered as a veteran at the Veterans Administration Medical Center in Mountain Home, Tennessee, but he was misdiagnosed by medical professionals there. Shortly thereafter, he committed suicide. Scott’s wife, Tracy, filed a medical malpractice claim against the Medical Center, and the Medical Center conceded that it failed to properly diagnose Scott. However, a District Court in Tennessee ultimately threw out Tracy’s claims, holding that its hands were tied by the procedural hurdles and paperwork requirements put in place by Tennessee’s medical malpractice laws. Specifically, Tracy failed to file a certificate of good faith with her complaint and instead offered two expert medical reports stating that her claims had merit. The District Court determined that, although unfair, Tennessee’s law required strict compliance with the good faith certificate requirement.
Managing Parallel Criminal and Civil Proceedings for Personal Injury Claims
In many cases in which criminal charges arise, it may also be possible for an individual litigant to bring civil claims alleging personal injuries and damages. Thus, for instance, while the state is investigating whether a defendant committed a DUI that resulted in the death of another driver, the family of the deceased driver may also contemplate a wrongful death or personal injury claim against the offender. But what happens when the two cases are filed simultaneously? May private parties engage in discovery, including interviewing witnesses and obtaining important evidence, while a criminal investigation and prosecution are still ongoing? The Kentucky Supreme Court recently addressed this issue in a case, Lehmann v. Hon. Susan Gibson.
A Tennessee Wrongful Death Lawyer Is Your Safeguard Against the Opposing Party
When you lose a family member due to the negligence or wrongful actions of another person, you need an experienced wrongful death lawyer to handle the legal process for you. Let Nashville attorney Eric Beasley and his legal team deal with all the difficult details while you focus on dealing with your loss. There are so many important legal steps that need to be taken at the beginning of a case, and you need a caring and zealous advocate to take care of them and ensure that you receive the proper compensation. You can rely on their highly skilled wrongful death lawyer team to take control of all the details.
Protect Yourself
At this difficult time, you will be confronted by investigators from your insurance company and the other party’s insurance company. You need legal assistance to address representatives of both companies, because each look out for the company first and foremost. A simple statement of facts to either can be used against you later, so consult a wrongful death lawyer before talking to insurance companies. You also need to talk with a lawyer before giving statements to the police or medical personnel. Let the legal team speak for you.
Who Can Be Held Liable for a Drunk Driving Accident in Tennessee?
In 2010, there were nearly 300,000 instances of drunk driving in the United States every day. Despite anti-drunk driving initiatives by groups like MADD, fatal accidents where one or more drivers had alcohol in their systems remain all too high. If you have been injured by a drunk driver, then a car accident attorney in Nashville can help you get the compensation you are due for your pain and suffering, medical bills and lost wages. The Law Office of Eric Beasley helps victims of drunk driving accidents seek justice against the irresponsible driver or against the person who sold alcohol to the drunk driver.
How to determine who is responsible for your injuries
In Tennessee, the drunk driver can be held liable for any injuries caused by his or her irresponsible behavior. In addition, the person who sold alcohol to the driver may also be held responsible in one of the following two situations:
Working With A Lawyer After An Accident
Auto accidents can happen to even the most cautious drivers. Maybe another driver ran a red light and hit you; maybe a multi-vehicle accident has left insurance coverage in question. These are just two examples of the types of auto accident cases taken on by the Nashville Accident Lawyers at the Law Office of Eric Beasley.
How a Nashville Accident Attorney Can Help
You might not know what to expect the first time you visit a lawyer’s office. To start with, you’ll be asked to describe the situation you’re concerned about. This interview will take place before any papers are signed so you won’t be held to any obligation if the Nashville Accident Lawyer is unable to assist. You’ll also be informed of steps involved in filing a car accident claim. This will give you an idea of how quickly your case can be resolved. If everything is agreeable to you, a contract will be available for you to sign. You’ll receive a copy of the document for your own records; it is part of your attorney’s legal responsibility to provide you with a copy of the contract so you can refer back to it in the future.
Man, 62, Charged in 4th Alcohol-Related Crash
A 62-year-old man who was charged with DUI after rear-ending a another vehicle in Bellevue on September 5 has been released on bond. The crash occurred when the suspect rear-ended a Suburban that was stopped at a red light. The impact totaled the Suburban, and the driver was treated for minor injuries. According to police, the suspect has been charged in three previous alcohol-related crashes in Nashville.
Alcohol-related accidents can cause serious injuries to the victims. An auto accident lawyer can help injury victims seek compensation to pay their medical bills, repair their damaged vehicles, and make up for time missed from work. Some common auto accident injuries include:
- Neck / back injuries
Pickup Truck Runs Over All-Terrain Vehicle and Kills Driver | Nashville ATV Accident Attorney
A 45 year old man driving an ATV was killed on Wednesday after he was struck by a pickup truck near Watertown, just 40 miles outside of Nashville. Tennessee Highway Patrol reports that the 33 year old driver of a Dodge Ram pickup was heading south on Round Top Road when he came up behind the ATV and completely ran over it. The victim was not wearing a helmet and died at the scene. Both men were believed to be under the influence of alcohol at the time of the crash.
Safety precautions should always be taken when driving ATVs recreationally off-road but when blending them in with mainstream motor vehicle traffic, there is even greater risk for hazardous accidents. The risk triples when drivers of traditional cars and trucks act negligently; driving while intoxicated. Often, even wearing a helmet is not enough to save a life when suffering from the reckless impact of a larger vehicle. Families who experience such tragic loss are entitled to be heard by an experienced Nashville lawyer to discuss how they may be compensated for their suffering.
Free Consultation with a Nashville Auto Accident Attorney