Tennessee Injury Lawyer Blog

Accident Evidence in the Social Media Era

January 13, 2016 | Eric Beasley

When attempting to prove an auto accident claim or a claim for personal injury, a detailed recollection of the facts is often crucial to liability, as are witnesses and evidence used to support those recollections. Accident liability may turn on one driver’s story versus another, and an injury may be susceptible to multiple causes without further proof about what happened. Increasingly, however, evidence related to accidents can be provided not by the parties to a dispute themselves, but from social media accounts of bystanders and third parties who may have recorded the accident as it occurred. While this can be helpful for proving what actually happened, it can also raise important privacy implications for victims and their alleged perpetrators. Before anyone has a chance to determine the true story of what occurred, social media posts, Instagram pictures, and submissions to news sites may craft a biased depiction of an accident timeline, or alert the public to a significant injury or death before family has been notified.

In response to these difficult circumstances, Kentucky legislators have recently introduced what they believe to be a novel solution – a bill prohibiting bystanders from posting online about an accident or injury for at least an hour after the accident occurred if the post would contain identifying information about a victim or participant to the accident.

Nashville Attorneys Protect The Rights Of Dog Bite Victims

January 7, 2016 | Eric Beasley

A dog is often referred to as “man’s best friend” and is considered by many to be a part of their family. They offer their family unconditional love; entertainment and a lot of them provide protection. However, when they attack someone they can cause serious physical and emotional trauma.

If you or a loved one has been attacked or bitten by a dog, there are laws in Nashville that will protect your legal rights. Contact a Nashville dog bite attorney to find out what your rights are and whether or not you are entitled to compensation under these laws.

What To Do After A Dog Bite

Tennessee Courts Find Presumption of Comparative Fault for Drivers Running a Light

January 6, 2016 | Eric Beasley

Can there be a presumption of comparative negligence when a driver fails to abide by traffic lights and signals? A Tennessee court recently addressed this issue while considering claims for negligence resulting from an automobile accident.

In Vaal Hall v. Charles L. Owens Jr., et al., the plaintiff, Vaal Hall, sued the defendant, Charles Owens, Jr., for injuries resulting from an accident that occurred on November 3, 2009. That morning, Mr. Hall was driving his car when he approached a local intersection in the southbound direction. Although the left-turn signal was red at the time, Mr. Hall entered the left-turn lane and prepared to turn. At the same time, Mr. Owens was driving a tractor trailer headed northbound through this intersection. His light was green as he approached, and he continued through the intersection at the same time that Mr. Hall proceeded to turn left. Mr. Owens attempted to avoid a collision with Mr. Hall, but his truck hit the passenger side of Mr. Hall’s vehicle, and Mr. Hall suffered serious injuries.

Tennessee Lawmakers Encourage Automobile Safety Through Increased Seatbelt Fines

December 28, 2015 | Eric Beasley

It is widely agreed that a failure to wear a seatbelt while driving is one of the leading causes of fatalities in automobile accidents. Yet state patrol officers in Tennessee continue to report large numbers of drivers and passengers who choose not to wear their seatbelts while on Tennessee roadways. In an effort to further encourage seatbelt use and reduce fatality rates, the Tennessee legislature has implemented a new punishment for those who ignore these precautions: increased fines for those who fail to abide by Tennessee’s seatbelt laws.

Tennesse Injury Lawyers Protect Victims Of Slip And Fall Accidents

December 21, 2015 | Eric Beasley

Slip and fall accidents are one of the most common injuries suffered. You’re walking around, thinking about what you’ve got to do and, suddenly, you find yourself on the ground. Most times it’s just an embarrassing incident and you can simply get up and go about your business, but other times you find yourself seriously injured.

When Does Liability Emerge?

If the reason you fell could have been prevented by simple maintenance on the part of the property owner where you fell, premises liability emerges. A Tennessee injury lawyer knows that many of these injuries are a result of negligence on the part of property owners.

Personal Injury Claims Resulting From Home Construction Defects – Who Is Liable?

December 18, 2015 | Eric Beasley

In the rush of home design and construction, defects are often a common reality, even if they are not discovered for months or years down the road. In between the time where a defect occurs, or an error is made, and when that defect is discovered, a home may pass through countless hands. For instance, a contractor or subcontractor may be involved in the work, inspectors or appraisers may examine the work, and the home itself may change hands from one buyer to the next. In these situations, who is liable for the defect when it ultimately causes an injury? A recent case before the Tennessee Court of Appeals addresses this issue.

Evaluating the Impact of Recent Tennessee Case Law on Health Care Personal Injury Claims

December 11, 2015 | Eric Beasley

As previously discussed on this blog, earlier in 2015 the Tennessee Supreme Court handed down a decision that appeared likely to change the landscape of personal injury claims that arise in a health care context. Contrary to prior precedent on the issue, the Court held that new changes to the Tennessee Health Care Liability Act (THCLA) required personal injury plaintiffs who alleged an injury or another type of civil claim against a health care provider or its employees to meet the strict requirements of the THCLA. While previously plaintiffs could allege ordinary negligence claims distinct from claims under the THCLA, the Court’s decision in Ellithorpe v. Weismark suggested that the new language of the statute would make it difficult for plaintiffs to circumvent the THCLA’s requirements. In a recent Tennessee decision, the far-reaching impact of the Ellithorpe decision is apparent.

Prevent Motocycle Accidents With These Safety Tips

December 7, 2015 | Eric Beasley

The number or motorcycle-related deaths and injuries has been on the rise both in Tennessee, and nationwide, since the year 2000. Since 2011, over 100 motorcycle fatalities have occurred in Tennessee each year. In 2014, 121 motorcyclists were killed in the state of Tennessee alone.

Motorcycle enthusiasts love the freedom of the open road and the unbeatable fuel economy of motorcycles, but they are also keenly aware of the added risk. According to the IIHS, 30 times more cyclists die in crashes than drivers of cars. Thus, it is particularly crucial to keep safety in mind when riding a motorcycle.

If you do get into an accident, a skilled Tennessee motorcycle accident lawyer can help you receive just compensation for your injuries. However, following these simple safety tips may help you avoid an injury altogether:

Improving Driver Safety in Tennessee By Reducing Cell Phone Use

December 4, 2015 | Eric Beasley

In the age of smartphone technology, distracted driving is a reality of day-to-day life. Whether communicating with family and friends, responding to urgent work requests, or simply checking the news, drivers in Tennessee and throughout the country increasingly use their smartphones to connect or entertain themselves even while driving. In recent years, Tennessee has enacted several laws to reduce smartphone usage on the road, but with mixed results. Now, the Tennessee legislature aims to get tougher on smartphone usage and driver safety.

Currently, Tennessee law prohibits drivers from texting or emailing while on the road, but it does not ban cellphone use entirely. Drivers who violate these laws face up to $50 in fines plus court costs. In reality, however, Tennessee police officers frequently report that it is difficult, if not impossible, to catch drivers in the act of texting or emailing. Even if drivers are caught in the act of holding their phone while driving, they can simply claim to be dialing a number or checking traffic, neither of which are illegal under Tennessee laws. Since police officers can rarely confirm what a driver was doing on their phone prior to being pulled over, the practical effect means that infractions for texting or emailing are rare.

Product Defects and Personal Injury – Tennessee Supreme Court Allows Auto Accident Case to Move Forward

November 30, 2015 | Eric Beasley

When auto accidents occur, they can be the result of individual driver errors, unsafe driving conditions, or unexpected events. In the case of Lee Ann Tatham, it is alleged that her accident and subsequent injury were not the result of her own negligence or factors out of her control, but a direct consequences of Bridgestone Tire Company’s defective tire product. Despite sustained efforts by Bridgestone to remove Ms. Tatham’s accident claims at the summary judgment stage, the Tennessee Supreme Court has recently ruled that Ms. Tatham’s lawsuit may continue because she has raised genuine issues of fact as to the role that Bridgestone’s tires may have played in her dangerous accident.

Ms. Tatham bought her Bridgestone tires in March 2008, after being told that they were the best value for her money. Although she did not perform any specific maintenance on the tires over the years, she also reported that she did not have any problems with the tires or her vehicle prior to her accident. In late May 2008, Ms. Tatham was completing an eight-hour drive when she suddenly lost control of her vehicle, hit a guardrail, and flipped into a ditch. She could not identify and did not observe what happened to her vehicle, but she remembered the sudden loss of control and panic that she felt.