Nashville Injury Attorneys Blog

The Tennessean reported today that the more than 300 people have died since January 1 this year on Tennessee roadways. Car wreck fatalities are up more than 13 percent for the same period last year. Prior to this year, the number of deaths from automobile collisions was declining.

The article states that TDOT has identified several trouble spots, dangerous roads, perhaps poorly designed, where collisions happen most often. Moreover, many of these tragic accidents occurred as a result of motorcyclists not wearing helmets and drivers not wearing seatbelts. Helmets and seatbelts are important. Alcohol related collisions are still a problem. However, it is clear that the number of car wrecks and motorcycle injuries would decline if distracted driving decreased and drivers paid more attention to the cars and motorcycles around them.

A driver has a duty to keep his eyes on the road and be aware of what is around him. The law requires a car and motorcycle driver to use due care by taking reasonable steps to avoid a collision. Keeping distractions at a minimum and driving sober are the easiest ways to use due care.

Unfortunately, as a Nashville injury attorney who handles car wreck cases, too often I find negligent drivers avoid their responsibility and deny accountability. I recently had a case where the driver refused to accept responsibility even though his lawyer agreed his client was at fault. When careless drivers refuse to accept accountability, you need an experienced automobile accident attorney. Call me at 615-256-8880. I can help.

Here is my email: jonathan@lrwlawfirm.com or you can contact me through my website at www.lrwlawfirm.com.

As a Tennessee injury attorney, I have handled many cases where someone injured their neck in a car accident. These types of injuries can be associated with headaches, soreness, stiffness, arm pain and weakness. This is a common injury from a car wreck because the head and neck and not protected in a collision and take the force of the impact. For some, the pain goes away with rest, medication and physical therapy.

Sometimes, after a car wreck your doctor will order an MRI of the neck ("cervical spine") if the pain does not go away. It is very common for the results of that test to show degenerative disc disease (sometimes listed a "DDD"). Insurance companies may use this condition to argue that you had this problem all along, well before the car collision. Many doctors will agree that degenerative disc disease is not caused by an automobile accident but rather due to age, like arthritis.

One study I have seen suggests 85 percent of people will have evidence of degenerative disc disease by age 50. Indeed, as we age, depending on activity levels and genetics, we all are subject to this condition. However, the key differential in an injury case is the fact that most people with DDD have no symptoms, no pain and no disability. A motor vehicle collision or work injury can aggravate, advance and make this condition worse. It can make it painful where there was no pain before. The impact can aggravate the condition to the extent that other medical treatments are necessary including traction, therapy, epidural steroid injections and even surgery.

In Tennessee, we have a specific jury instruction for pre-existing conditions. The at-fault driver is responsible for the pain and disability caused and made worse by the collision. Therefore, even if, like most people, there was DDD in the spine before the collision, the Defendant is responsible for the harm caused by the car accident. If there was no pain nor disability before the accident, the at-fault driver should not get credit for a dormant pain-free condition that is normal with age.

If you were in a car wreck or injured on the job in Tennessee and your doctor tells you have degenerative disc disease, then you need a personal injury attorney who knows the law in this area and understands how to educate a jury about why you are in pain. I have handled these types of car wreck cases in Brentwood, Franklin, Murfreesboro, Nashville and all over Middle Tennessee. I am available to speak with you or we can meet for a free consultation about your rights. Call our office at 615-256-8880 or visit my personal injury attorney website at www.lrwlawfirm.com.

Automobile accidents happen every day all across middle Tennessee. Unfortunately, many drivers involved in Tennessee car wrecks carry minimal or no liability insurance. These situations require an experienced car accident attorney. Tennessee insurance law requires a driver to only have at least $25,000 for injury and $15,000 for property damage. So, what does that mean for someone who is severely injured in a Nashville car accident by careless driver without enough insurance?

Many insurance policies include uninsured and underinsured insurance coverage. Tennessee's uninsured motorist law provides protection to drivers and/or passengers injured in an auto accident where the at-fault driver carries minimal or no insurance. In such an accident, the injured party's insurance carrier should pay for damages such as pain and suffering, health care expenses and medical bills, loss of enjoyment of life and loss of wages that the injured party could recover from the at-fault driver.

An insurance company cannot increase your insurance rates or cancel your coverage due solely to the payment of any claim under uninsured motorist coverage. With the cost of medical care, a weekend stay in the hospital can cost more than $25,000.00. Add to that lost wages, rehabilitation and physical therapy, the bills can easily exceed the coverage. That is why uninsured/underinsured policies are so important.

If you are involved in an automobile wreck in Middle Tennessee, it is important for you to consult an attorney as soon as possible. Nashville personal injury attorney Jonathan Williams has experience representing individuals that are injured by drivers that carry little or no car insurance. Contact Jonathan Williams today at (615) 256-8880 or visit www.lrwlawfirm.com if you have been seriously injured in a motor vehicle collision.

Many of our Nashville injury attorney blog posts focus on the dangers of distracted driving in Tennessee. One cause of distraction is basic inexperience behind the wheel. The Tennessean reported today on the dangers teenage drivers face by highlighting the story of a young lady who was seriously injured in a Brentwood car wreck. Regarding Tennessee car crashes, the paper reports:

Tennessee has a 15 percent fatality rate for drivers ages 16 to 17 who are involved in crashes -- the 12th-highest in the nation, according to statistics from the U.S. Centers for Disease Control and Prevention. It's a problem across the South because of its winding rural roads, scarcity of trauma centers and love of vehicles not built for safety. Not all public high schools here offer driver's education classes, and many teenagers don't abide by age-specific rules to prevent wrecks.

The article highlights this link from the CDC a webpage focused on injury prevention and motor vehicle safety. In order to combat injuries and deaths from automobile collisions, the CDC recommends a graduated driver's license program, prohibiting the use of cell phones while driving, requiring teenage passengers to wear seatbelts and stricter enforcement of DUI laws.

In Tennessee, drivers of all ages are required by law to use "due care" when driving. Our "Rules of the Road" law requires, regardless of the speed limit, that every driver exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances. Drivers are required by law to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object.

Continue reading "Inexperienced driving can lead to tragic car wrecks" »

A truck skipped a curb and struck a boat and trailer today in the Nashville parking lot of Bass Pro Shop. The Tennessean reported the story here.

The three people injured were from Illinois and luckily, the Tennessean reports, their injuries are not life threatening. This personal injury car wreck reminded me that the traditional "rules of the road" usually do not apply in parking lots. Rightfully so, however, the driver was given a citation.

Many times parking lots do not have speed limits, marked lanes of travel and other safety precautions we are used to seeing on ordinary streets. Nevertheless, both common sense and Tennessee law create an obligation on the part of drivers of automobiles to exercise due care. TCA § 55-8-136 provides, "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway...." TCA § 55-8-163 further says: "The driver of a vehicle shall not back such vehicle unless such movements can be made with reasonable safety and without interfering with other traffic."

However, on private property including parking lots, Tennessee Courts have held that neither the statutory rules of the road nor the common law rules pertaining to public roadways are applicable. See for example Hickman v. Jordan, 87 S.W.3d 496, 499 (Tenn. Ct. App. 2001). But, the statutory requirements help to determine the minimum standard of care. In Hickman, the Court held, "Conditions such as those found in a crowded parking lot may require a driver to use an even greater degree of care. The duty of a driver has been summarized as "a duty to keep a reasonably careful lookout commensurate with the dangerous character of the vehicle and the nature of the locality."

Continue reading "Truck strikes boat at Bass Pro Shops in Nashville - Injures three" »

Andy Williams got it right; it is the most wonderful time of the year! However, it is also the busiest time of the year. Between holiday parties and people frantically hopping from store to store trying to find the perfect present, Tennessee roadways are jammed packed. Car accidents are surely to follow.

According to a recent report by the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), alcohol related motor vehicle deaths soar during the holiday season. In fact, 40% of motor vehicle related deaths during this time of year involve drunk drivers. This is a 12% increase over the rest of the month of December!

Experts suggest that people should have no more than one alcoholic beverage every hour and should alternate between nonalcoholic and alcoholic beverages as well. You can find more information here.

The attorneys and staff of Larry R. Williams, PLLC encourage everyone to drive safe this holiday season. If you choose to drink make sure you have a designated sober driver. Our Nashville personal injury attorneys take Tennessee drunk driving wrecks seriously. We understand the devastating effects that come from personal injuries or death resulting from a Tennessee car accident.

Continue reading "Alcohol Related Car Wrecks Rise During the Holiday Season " »

The Federal Government says yes. Drivers easily get distracted while using cell phones. Texting while driving is illegal in Tennessee but merely talking is not. Not now. But talking on a phone can still be careless. Therefore, in every Tennessee personal injury case involving a car accident, I always ask if the at-fault driver was using a cell phone. The answer is yes more times that you would think it should be.

This data has caught up to the Feds. The National Transportation Safety Board has recommended that lawmakers create legislation that makes using a cell phone while driving illegal. The Tennessean has reported on their recommendation. You can read that article here.

Continue reading "Would there be fewer Tennessee car wrecks if it were illegal to use a cell phone while driving?" »

Recently I talked to a friend who had been hurt at work in Tennessee. He was in the hospital for three days. He asked me if he needed an attorney for a work comp claim and told me he was concerned about making his employer pay for his medical bills. He did not know that his employer would not be paying out of pocket; rather, his employer's workers' compensation insurance carrier would be responsible.

Many Tennessee workers have the same misconception as my friend. In Tennessee employers who have 5 or more employees are required to obtain workers' compensation insurance. Making a claim for workers' compensation insurance benefits is not unlike making a claim on your employer provided health insurance. They have the policy to protect you if you get hurt.

If you are injured during the course and scope of your employment, your employer's workers' compensation insurance carrier is required by law to pay for your medical treatment, your mileage for driving to medical appointments, your time missed from work as a result of your injury, as well as compensating you for any permanent injuries you may sustain as a result of your work injury in Tennessee. It's the law, but they don't always follow the law. Sometimes, the insurance company only follows one part of the law but not all of it. That is why you need a Nashville workers' compensation attorney.

If you or someone you know has been injured on the job in Nashville, it is important that they talk with an attorney. Just because your employer has workers' compensation insurance does not mean that the insurance company will actually pay you the benefits that you are entitled. Many times, workers' compensation insurance companies pay out the bear minimum to injured Nashville workers. This is just not fair! That is why it is so important for injured employees to seek an experienced middle Tennessee workers' compensation lawyer.

Continue reading "Will my employer be affected if file a Tennessee work comp claim for my on the job injury?" »

Happy Thanksgiving from all of us at the Nashville injury and business law firm of Larry R. Williams, PLLC. We all know that there will be more cars on the road this weekend than any other time of the year. DUI car wrecks and distracted driving incidents spike every year around Thanksgiving. So be safe, stay alert, watch out for other drivers and wear your seat belt.

The Governor's Highway Safety Office has started a new campaign this holiday season to prevent drunk and distracted driving in Tennessee. It's called CoMet for Combined Message Enforcement for Tennessee and this new strategy is designed to stop and arrest impaired drivers.

Rather than the typical message campaigns, law enforcement will be out in force during the holiday. There will be additional signage, sobriety check points and saturation zones where there a lot of cops in one area patrolling Tennessee highways.

The Cookeville newspaper The Herald-Citizen reports on this new campaign and you can read their story here.

Stay safe.

The short answer is because the Tennessee accident report is a public record and they need work. Although there are ethical rules regarding attorney solicitation of this type of case, the rules do not out-right prohibit direct mail solicitation from a Tennessee personal injury attorney. If you have been injured in an automobile accident or motorcyle wreck in Tennessee, you have probably received these types of letters. But, you have not received them from my firm. We don't do it. We never will.

Some medical offices pay people to search for people injured in car crash. In Nashville, these records are available for less than a dollar. In Brentwood, car crash reports are available online. I am sure the same is true in for other areas in Tennessee as well. When someone needs work, they go find it. But should you hire a doctor (or any professional) who finds you or should you find them? Probably the latter.

The same goes for lawyers. I do not recommend hiring a Tennessee injury lawyer who contacts you by mail. When hiring a lawyer for an automobile accident, you should check their rating, ask someone you know who used that lawyer before, check on their successes, see if they have ever tried a case. One important factor to consider is case load. Will you be lost in a large cabinet of hundreds of cases and only have contact with a legal assistant? Or, will you be given personal service from a lawyer you know and trust? One who answers and returns his/her own phone calls. It seems you don't get this type of service from a lawyer who does not have enough to do that he/she has time to find your report and solicit you directly.

If you have been injured in an automobile or motorcycle accident and need a Tennessee injury lawyer, call me at 615-256-8880.

I previously posted that General Motors and the UAW ratified their agreement that included plans to bring back GM workers to the Spring Hill plant. Many of my GM employee clients have been waiting on this day. Some have retired, others have transferred and still others have been patiently waiting but eagerly anticipating more automobile manufacturing jobs in Spring Hill.

The Tennessean reported today that GM and the UAW will soon announce concrete plans to reopen the Spring Hill plant for vehicle manufacturing. Although the plant has been making engines and sometimes other parts, there currently is no mass production of a vehicle in Spring Hill. That should change soon. When it does, thousands of people will get back to work.

GM works may find a return to this physical type work hard. I have learned from representing hundreds of injured GM workers that, after an extended lay-off, the return to work can lead to injuries, especially shoulder injuries. It is important to remember that every on the job injury in Tennessee must be properly reported within 30 days. At GM, this is usually done by filing an incident report at the onsite medical facility.

Back to the news, it is interesting that Gov. Bill Haslam will be attending the announcement of the Spring Hill opening. No doubt, he will be touting this as his own creation of jobs for the blue collar worker. This is ironic. His jobs bills included tort reform, which limits injured person's ability to hold a corporation fully responsible for the most catastrophic injuries in Tennessee. We expect the Governor to soon push for an overhaul of the workers' compensation system, stripping an injured Tennessee worker's right to have a trial at the Courthouse, the only level playing field left. Gov. Haslam and his pro-big corporation bills help only the 1%. The other 99% want to work and appreciate the jobs but are not the winners of the Governor's legislation. Intsead, it appears this battle was won by the UAW, instead Governor and the Tennessee legislature who will no doubt claim credit.

Continue reading "Work Comp Attorney Update: General Motors to Announce Details of Spring Hill Plant Startup" »

Our Nashville Social Security Benefits attorney Wayne Crim is often asked, "Where do I apply for benefits?" Applying for disability benefits is a lot like filling out an application, at least at the initial stage. You can file in person at your local social security office, over the phone or online here.

It is probably best to apply in person. That way you know the disability application is done correctly. You can find your local SSA office here.

You may not want to apply online. Unfortunately, there are some internet scam "pop-ups" that can get in the way of an online application. Those scams are attorneys in other states fishing for clients. I have heard bad stories about contacting those "pop-up" companies.

Do not be discouraged if you get denied the first time. Most people do! At that time, you need a good Social Security Disability lawyer to fight for your benefits. Our Tennessee disability lawyers have helped thousands through the process. Click here for a nice overview of the disability appeal process.

If you get denied Social Security, you need to act fast. The time to request a reconsideration of the denial for Social Security is 60 days from the date you were informed of the denial. You can find this date at the top of your letter.

Many times the government has not found all of your medical evidence or talked to all the doctors at the initial stage. When we take a case, we work hard to make sure to Social Security Administration has all of the information they need about your case. We get the records, talk to your doctors, get the questionnaires we need to win your case and push the case to a resolution as fast as possible. Some cases can be won without a hearing, once you have the right evidence.

Continue reading "Where do I apply for Social Security Benefits in Tennessee?" »

The United Auto Workers has announced that it has ratified its contract with General Motors. You can read about the deal announced today here. As part of this package, the GM assembly plant in Spring Hill, Tennessee will re-open and hopefully our friends in the auto industry and all of the subsidiaries that supply GM with parts will get back to work very soon. It is reported that 1,700 jobs will be created at the plaint in Maury County.

Read the UAW's statement here.

My firm has represented GM and Saturn employees injured on the job since the plant opened in the early 1990's. GM workers' compensation claims are not your typical claim. They are much more complicated. Therefore, as our GM clients and friends get back to work, let me know if you are injured and need Tennessee workers' compensation attorney to protect your wages and your health care.

As seen by the recent ratification, health care is always going to be negotiable for GM. Most workers' compensation cases include lifetime medical care for the work injury at no cost to the worker. However, the settlement must be set up in a way that maximizes this right to cover the unpredictable future.

Our Nashville injury lawyers and team are here for you if you need us. For now, let's get back to work.

I am proud to report to our General Motors' workers compensation clients that the Maury County Circuit Court recently made a landmark ruling in one of my cases. Many autoworkers know that General Motors filed bankruptcy in 2009 and sold its company in a bankruptcy sale to a new company to create "New GM."

That sale opened rights for many injured workers to have their previous Tennessee workers' compensation settlement re-opened and increased. However, for employees of the Spring Hill plant that were injured before January 1, 2005, GM took the position that those workers lost their jobs at the time of the transition from Saturn to GM and were therefore not eligible for money out of their previous workers' compensation case as a result of the bankruptcy.

I traveled to Detroit for corporate depositions of several key GM executives to prove one point: that GM controlled Saturn to such an extent that they had to be considered "one and the same." The case was recently tried in Maury County. The trial judge agreed and ordered that GM had such dominion and control over Saturn ever since its existence that they were to be considered the same employer for workers' compensation purposes despite the 2005 transition to GM. That decision will be challenged in the Court of Appeals but for now confirms GM and Saturn never were completely separate entities. Therefore, many GM employees injured prior to 2005 may have additional rights and may be entitled to more money.

Continue reading "General Motors and Saturn Corporation Considered the Same Employer for Workers' Compensation" »

An insurance website recently interviewed Nashville injury attorney Jonathan Williams regarding driver safety. You can see the story here.

Question #1: What type of driver (inexperienced, rushed, distracted, other?) is the most dangerous on the road today? Why?

Jonathan: Definitely distracted drivers. The types of distractions increase all of the time. 20 years ago we did not have to worry about drivers texting, seeing electronic billboards, toggling between satellite radio, an iPod and a GPS system. Inexperienced driver's get distracted more easily. United States Department of Transportation's website, The Faces of Distracted Driving, indicates that the under-20 age group had the highest proportion of distracted drivers involved in fatal crashes (16%). The age group with the next greatest proportion of distracted drivers in fatal crashes was the 20- to-29-year-old age group,13% of which were reported to have been distracted.

Question #2: Other than laws against talking on cell phones/texting/etc. what can be done to prevent technology from increasing distracted driving accidents?

Jonathan: Require that the in-car technology be disabled while moving. You should not be able to check restaurant reviews for the local steakhouse from the car's computer while driving down a busy street.

Question #3: In the past 60 years highway fatalities have been in decline. In response, states across the US have been increasing highway speed limits. In your opinion are these speed limit rate increases justified or too dangerous?

Jonathan: I don't think speed is as problematic as alcohol, fatigue and distraction. However, raising the speed limits because fatalities are in decline does not seem to be the correct response to a good trend.

Question #4: Young drivers (16-24) continue to have a disproportionate rate of driving fatalities (compared to other age groups). What, if anything, can be done to improve this?

Jonathan: Both states and insurance companies should require mandatory driver education classes from certified trainers. Driver's education should be required as part of the mandatory high school curriculum. In addition, the tiered licensing approach works well to ease younger drivers into greater responsibility.

Question #5: If you could improve or enact one law or regulation to improve overall traffic safety, what would it be and why?

Jonathan: We don't ask folks to get in a fork lift and know how to operate them safely and forklifts don't go fast and don't have in dash movie players and cell phones. Why should we expect a new driver to safely operate a car at 70 miles per hour? One regulation that would improve driver safety is more required education and training to avoid distractions. This training should be mandated both before getting a license and after a moving violation or preventable accident. There is nothing wrong with additional training. Driving is not a right, it is a privilege.