Davis, Kessler & Davis

Southeast Tennessee Personal Injury Law Blog

Crash tests show underride deaths are preventable

Although many people recall the "good old days" when vehicles were made of solid steel, in truth, modern cars designed with crumple zones and airbags save thousands of lives each year.

However, these safety features can't save lives if the vehicle is in an accident with a tractor-trailer with high ground clearance. Instead, the vehicle slides under the truck, and on a midsize sedan, the hood and windshield become the points of contact. People in this situation often suffer fatal injuries.

Car accidents: ATV crash cause critical injuries to 2

Regardless of the type of vehicle in which people travel, they can be crash victims at any time and on any roadway. Car accidents occur every day, and sometimes, they even involve all-terrain vehicles. Tennessee Highway Patrol is investigating one such an accident that sent two people to the hospital.

An accident report indicates that a crash in Bridgeport was reported at about 2 a.m. on a recent Saturday. Emergency crews and THP troopers arrived at the scene to find that the single vehicle that was involved in the crash was an ATV. The driver, a 63-year-old Newport woman, and her 56-year-old passenger from Nashville both suffered critical injuries.

Personal injury lawsuit follows visit to zipline facility

Spending time at a zipline facility in Tennessee promises a whole lot of fun for any family. If any personal injury is to be expected, it would undoubtedly be through the activity and not the water that is served by the operators of the business. However, the Tennessee Department of Health says over 500 visitors to the most popular zipline facility in the state suffered gastrointestinal conditions after visiting the attraction in mid-June.

TDH revealed that tests of the well water at the zipline facility indicated E.coli and norovirus contamination. Furthermore, authorities found that the business owners have operated an unauthorized public water system, and have been serving untested water for eight years. A family from another state claim they all became ill after visiting the park and consuming the polluted water.

Motorcycle vs. car accidents often lead to catastrophic injuries

During the months of summer, motorcyclists nationwide, including in Tennessee, make the most of the opportunity to enjoy riding because it will not be too long before the season changes and it will be too cold to ride. However, they put their lives on the line every time they take to the road. Car accidents involving motorcyclists invariably end with the bike riders suffering catastrophic injuries or worse because they have hardly any protection.

Such was also the case on a recent Thursday evening. The office of the sheriff in Hamilton County says a wreck involving a car and a motorcycle was reported on a recent Thursday evening. First responders rushed to the scene and found a motorcyclist -- who turned out to be a captain in the Chattanooga Fire Department -- and her passenger critically injured. They were both transported to the hospital.

Wrongful death claims follow Waffle House shootings

When a loved one is killed by someone else, the family members are naturally extremely traumatized, and although the alleged killer may face criminal charges, the financial consequences for the family can be overwhelming. Fortunately, the Tennessee civil justice system allows surviving family members to file wrongful death claims in pursuit of financial relief. This is what some families who lost loved ones in the April Waffle House shooting are doing.

After one such a lawsuit was filed in May, another family recently filed a claim against the 29-year-old alleged shooter and his father. On April 22, four people were shot and killed in the restaurant. Both families claim that the father's negligence enabled his son to shoot the victims.

3 mistakes people make after getting in a car accident

When you make your daily commute to and from work, you expect a safe trip, not a car crash. Yet, motor vehicle accidents are the fifth leading cause of death, reports the National Safety Council. The risk is high and increases the more you are on the road.

However, defensive driving can do much to improve safety on your end. When another motorist's bad driving results in an accident, make sure you are also prepared on what to do. Otherwise, you can find yourself making one or more of these three common mistakes.

Car accidents: Alleged drunk driver unaware he struck pedestrian

A 26-year-old Tennessee driver was arrested on a recent Tuesday morning after he allegedly struck a pedestrian. This was one of those rare car accidents in which the driver was not even aware of the fact that he hit something. He allegedly left the accident scene, and police located and arrested him later.

A report by Nashville Metro Police indicates that they came across a severely injured man who was lying on the roadway. They determined that he had landed on a car after being struck by it, and he was then carried approximately 500 yards down the road before he dropped off the vehicle. His condition was extremely critical, and he was rushed to a hospital.

Personal injury: Your rights to safety at a conference venue

Guests of hotels, conference centers or other facilities in the hospitality industry in Tennessee expect to be safe while on the host's premises. For a manager or owner of such a facility to avoid facing personal injury lawsuits, reasonable care must be taken to ensure the guests' safety. This includes, among other requirements, frequent inspections of equipment, furniture and the facility along with providing proper training and supervision for employees who were only appointed after adequate background checks were done.

Slip-and-fall accidents are some of the most frequently reported injury-causing incidents on the premises of hospitality facilities. Torn, damaged or loose carpets or rugs are typical trip hazards along with electrical cords snaking across the floor. Wet floors caused by janitorial cleaning or by leaks or spills are recipes for slips, and so are liquids or objects on stairways as well as damaged hand railings.

Truck accidents: Sedan causes fatal tractor-trailer rollover

Authorities in Tennessee are investigating a crash that claimed one life on a recent Thursday evening. Unlike other truck accidents that typically see passenger car occupants killed or severely injured, this time a truck driver lost his life. Charges against the driver of the car might follow. The Tennessee Department of Transportation says the fatal accident that occurred on westbound Interstate 24 caused closure of some lanes until the following morning.

According to a preliminary crash report, a 27-year-old woman was heading west on I-24 in Nashville when, for unknown reasons, she failed to maintain control of her car. She smashed into the side of a tractor-trailer that was operated by a 31-year-old driver from another state. Reportedly, the impact caused the car and the truck to cross over the remaining two lanes before leaving the roadway.

Personal injury: What are WSPEs and how can they be avoided?

Imagine going into surgery to have a damaged kidney removed, only to wake up and learn that the healthy kidney was removed instead. That is one example of a WSPE -- a wrong-site procedure. There are also wrong-patient and wrong-procedure errors of which an example is a patient who is wheeled into surgery to have an appendix removed and later learns that she had a mastectomy that was meant for a patient with a similar name. These are errors that typically make viable medical malpractice claims, but in Tennessee, such a lawsuit is best navigated by an experienced personal injury attorney.

Although methods to avoid WSPEs were developed, they proved not to be the perfect solutions, such as an initiative by which surgeons were encouraged to mark the sites to be operated clearly. However, although preoperative site markings became widely used, they proved to be confusing because the protocols of different hospitals and surgical specialties varied. This led to confusion that left medical staff unsure about whether a site was marked to indicate where to operate or where not to operate.

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