Cleveland TN Personal Injury Attorneys Blog

Car accident destroys car and sends 5 teens to the hospital

2013-06-12T05:46:04Z

There are several lucky teens in hospital beds right now. Four or five teenagers were recently hospitalized after a Tennessee car accident that occurred on Goshen Valley Road near State Highway 346 in Hawkins County. A car driven by a 16-year-old female of Bulls Gap crossed the center line and went head-on into a Chevy Silverado pickup truck driven by a 16-year-old male from Rogersville.

The car had three other teens as passengers. The car driver and the three passengers were flown to Holston Valley Medical Center and hospitalized. The driver and two passengers are listed in stable condition, while one passenger is in serious condition. Judging from photos of the totally demolished condition of the car, all four are extremely lucky to be alive.

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The driver of the truck, a 16-year-old male of Rogersville suffered what the Tennessee Highway Patrol described as minor injuries. However, he was taken by ambulance to the Holston Valley Medical Center and presumably also hospitalized for some period of time. The THP also reported that speeding by the car was a contributing factor in the car accident, and that charges are pending.

At this time there are no reports of drunk driving or other impairment. If the facts hold true as reported, the driver of the car was speeding and lost control of the vehicle, allowing it to cross over into oncoming traffic. That was negligence that caused the car accident and the injuries.

Tennessee law gives each passenger a potential personal injury claim against the driver for her apparent fault in causing the car accident and their injuries. They can claim damages for pain and suffering, lost wages, medical expenses and permanent loss of earning capacity. If the driver's auto insurance is insufficient for full compensation, each passenger may possibly collect from their own or their parents' auto policies if they have underinsured motorists' coverage. The pickup driver also has an injury claim, whose severity is undetermined and must await doctors' reports and any further developments.

Source: wsav.com, "Five teens injured in Hawkins County crash," Kathy Booher, June 3, 2013

Tennessee Faulted in Negligent Design of Guard Rail on Hixson Pike

2013-06-05T16:00:00Z

Logan-Thompson, P.C. secured the Court of Claims judgment in favor of their client regarding a case described last month involving the negligent design of a guardrail located on Hixson Pike. In addition to this judgment being rendered against the state of Tennessee for $1,390,158 for this negligent design, the ruling may help define what duties Tennessee owes the general public when they install guard rails throughout the state.

On June 2, the story surrounding this trial was featured in the Cleveland Daily Banner. For an in-depth look at the facts of this case, be sure to check out the Banner's article regarding this case by clicking this link.

3 car accident in Tennessee sends 13 to hospital

2013-06-04T09:32:50Z

All it can take for a normal day to turn into one of filled with tragedy is a minor error on the part of a driver that leads to a rapid chain of events. Given the high rate of speed and the large volume of cars on the road, a car accident can occur at anytime and without warning. A recent accident in Tennessee sent 13 individuals to the hospital after three cars became involved in a serious car accident.

Police have stated that the accident occurred at around 5:45 p.m. At that time, a minivan carrying 11 individuals hit a vehicle and then careened into the path of another vehicle and struck it head on. The two occupants of the third vehicle along with two adult occupants of the minivan were transported to an area hospital where they were listed as being in critical condition.

]]> Meanwhile, nine other occupants of the van were also injured, including several children. They were also brought to the hospital. Their condition is not known at this time.

It remains unclear at this time exactly what caused the van to strike the first vehicle, which Tennessee police have alleged was the initial act that caused this car accident. However, it is likely that further information will be disclosed as police continue to investigate. This information could be helpful in assisting those victims who were injured through no fault of their own to seek monetary damages as reimbursement for their injuries. Those filing claims will need to prove that their injuries were caused by the negligent acts of another party to the collision.

Source: wate.com, "13 injured in 3-car crash in Middle Tennessee," May 27, 2013

Tennessee minivan crashes into oncoming car

2013-05-31T06:26:03Z

Many Tennessee residents had travel plans over the recent Memorial Day weekend. Perhaps the travel was just to get together with friends or family. Others may have had out-of-state destinations. Either way, the state's roads and highways saw a fair amount of vehicular traffic over the holiday weekend. Unfortunately, the holiday weekend was not free of motor vehicle accidents.

One particularly tragic car accident involved three vehicles traveling in Williamson County on Highway 96. According to reports, a minivan with 11 occupants may have swiped another vehicle. Unfortunately, the minivan driver was not able to regain control afterwards, and the momentum of that first impact may have contributed to its subsequent collision into an oncoming third car.

]]> The force of the head-on collision resulted in critical injuries to both occupants of the car. Two passengers in the minivan also sustained serious injuries. However, the remaining minivan passengers also required medical attention. Authorities suspect the personal injuries of the minivan occupants may have been more severe because none were wearing seatbelts.

Safe driving may require more than competent operation of one's own vehicle. In this case, a jury might find the minivan driver negligent for not requiring the minivan passengers to buckle up. In addition, safe driving sometimes means defensive driving, as other traffic patterns may not always be predictable. Authorities are still investigating the sideswipe that put the chain of events into motion. If a car ahead of the minivan slammed on its breaks or merged without looking for traffic, a personal injury lawsuit might also be brought against that driver.

wate.com, "13 injured in 3-car crash in Middle Tennessee," May 27, 2013

Matthew Coleman Steers Injured Driver Into Trial Victory

2013-05-30T20:07:24Z

With the frequency of people texting while driving increasing alongside the persistent reality of drunk driving, even the most cautious drivers are subject to life-threatening situations. Just last year, over one thousand car wreck related fatalities were reported in Tennessee alone. Unfortunately, these fatalities speak to only a small portion of those affected by serious injuries while behind the wheel. In many cases, the cost of repairing one's vehicle and covering one's medical costs are only a fraction of a larger recovery process. In such circumstances, permanent injuries exist as a serious hurdle to individuals seeking to maintain a desirable standard of living after recovery. When facing such circumstances, the help of an experienced personal injury attorney can help victims and their families leverage the law to obtain a degree of justice and closure.

This week, attorney Matthew Coleman from Logan-Thompson, P.C. tried a case in Bradley County where his client was violently struck in the driver's side of their car resulting in significant medical expenses. Even though this wreck did not occur at high speeds, the client was subject to both emergency and follow-up care alongside two accompanying surgeries to prevent permanent disfigurement.

Following jury trial and deliberations, Coleman was successful in receiving a verdict for his client which attributed all medical and corrective treatment and surgery to the negligence of the defendant driver. The result of this case may help determine whether the surgeries to correct disfiguring injuries sustained in an automobile accident are compensable even where the impact was with protective equipment such as an airbag.

Appalachian festival parade near Tennessee border turns deadly

2013-05-24T22:56:05Z

As the Memorial Day holiday approaches, friends and family members might attend cemeteries at local Tennessee cemeteries, perhaps putting a flag on the grave of a brave veteran. Bigger cities, like Nashville, might plan music, concerts and other activities over the three-day weekend. Yet even smaller Tennessee neighborhoods might sponsor local parades to commemorate the brave men and women who have defended America.

With parade planning comes extra responsibility, however. City planners have a duty to ensure that premises are safe for both parade participants and spectators. That may mean cordoning off parade routes, erecting barriers to separate spectators from parade floats, and taking other measures to ensure smooth pedestrian traffic flow.

]]> A recent parade tragedy near the Tennessee border, however, reminds readers that accidents might still happen at parades, in spite of the best planning. According to authorities, a driver in the Hikers Parade -- a celebration of the Appalachian Trial -- may have suffered a medical condition. For unknown reasons, the driver accelerated to almost 25 mph and drove into the crowd, injuring between 50 and 60 spectators.

When accidents happen on city property or at city-sponsored events, investigators may be charged with the task of determining whether planners were negligent, or could have taken measures to prevent reasonably foreseeable hazards or dangerous conditions. If negligence was a factor in the accident, personal injury victims might consider bringing premises liability lawsuits for damages against the responsible parties. Such claims might allege that negligent planning resulted in personal injuries, and that city officials should be charged with compensating accident victims for their medical expenses, pain and suffering, and other expenses.

Source: huffingtonpost.com, “Parade Car Crash: Driver Likely Had Medical Condition, Official Says,” May 19, 2013

Rob Norred Set to Take Car Wreck Case to Trial

2013-05-23T17:28:34Z

A serious personal injury sustained by yourself or a family member can create seemingly insurmountable challenges. Immediate concerns such as the pain and suffering of those involved speak only to a portion of the disruption to one's life as a result of these serious injuries. Extensive medical bills and lost income also present significant hurdles in the process of a complete recovery. In such hard times, the help of an experienced personal injury attorney can help victims and their families leverage the law to obtain a degree of justice and closure.

This week, attorney Rob Norred of Logan-Thompson, P.C. is scheduled to take to trial a case that exemplifies the importance of having a skilled attorney when facing such difficult times. In this case, the plaintiff had incurred over $112,000 of medical bills from a major car wreck, signifying not only significant health impediments but severe financial burdens as well. Having tried approximately 100 civil jury cases in both Tennessee and Georgia over the past twenty years, Mr. Norred is equipped with the experience that is required to successfully handle such cases.

Safe driving campaign targets prom goers

2013-05-17T06:41:02Z

For high school college students in Tennessee and across the country, May is a significant month. Final exams, summer job plans, and of course end-of-the-year parties may all take place in a short span of 31 days. High school students may have the added social pressure of prom. Regardless of the party, young drivers will have to confront the issue of driving.

Many will take a preventive approach, making alternate transportation plans. However, a recent statistic from the U.S. Census Bureau suggests that many are making unsafe choices that may result in impaired driving and car accidents. Specifically, federal data indicates that almost one-quarter of teenagers will drive drunk or under the influence of a controlled substance.

]]> The high percentage of offenders may be a result of incorrect perceptions. According to a survey by a chapter of Students Against Drunk Driving, nearly 40 percent of the teenagers interviewed did not agree that alcohol, marijuana or other illegal drugs posed a safety risk to their ability to drive.

To fight that misperception, at least one Tennessee student group has launched a safety campaign in the form of a skit. The student actors dressed up like bloodied prom dates that had been thrown from cars. Several draped themselves across car hoods, adopting mangled poses for dramatic effect. The twist came when real-life emergency personnel treated the student actors.

Although a jury might agree that impaired driving is clearly negligent and entitles a crash victim to compensation, such a recovery might seem like a hollow victory to the actual victim. Hopefully, safety campaigns will make an impact and convince students to make responsible choices in this year’s prom season.

Source: tricities.com, "Drill held to help curb drinking during prom season," James Shea, April 23, 2013

Skip the base tan, just head outdoors

2013-05-10T16:50:02Z

Now that spring is finally here, Tennessee readers of all ages might be trying to jumpstart their tans by visiting the local tanning salon. Teenagers might want a base tan before heading outdoors for the weekend. However, a recent proposal by the U.S. Food and Drug Administration might discourage such tactics.

The agency wants indoor tanning beds to display highly visible warning labels, cautioning against use if under the age of 18 and the risk of personal injury. The warnings would also advise regular tanners to undergo periodic skin cancer screenings. Under current regulations, tanning beds are not required to obtain FDA approval before going on the market, nor are warning labels required. The FDA’s proposal will be opened to public comment for a 90-day period, after which the agency will promulgate a final ruling in regards to this potentially dangerous product.

]]> The agency’s proposal might have been motivated by a recent statistic, which found that melanoma is the second highest type of invasive cancer among teenagers and young professionals in their twenties. Agency officials might also believe that more action is needed to counteract misconceptions about the safety of tanning beds. Salon owners themselves might perpetuate that misinformation to customers. A study found that almost half of tanning owners denied any health risks associated with tanning beds.

What is disturbing about this story is that property or business owners are expected to take reasonable precautions to protect the safety of their patrons or other invited guests. Fortunately, melanoma may be curable if treated early. Although researchers estimate that there will be more than 76,600 new cases of this type of skin cancer in 2013, only 9,480 are expected to die from it.

Source: medpagetoday.com, “FDA: Tanning Beds Need Cancer Warning Label,” John Gever, May 7, 2013

Speeding Tennessee driver crashes in construction zone

2013-05-02T03:23:05Z

According to a recent study, Tennessee is only of only 11 states in the nation that improved in seven areas of highway safety and maintenance. That study examined road performance over a twenty-year period, in categories including road surface conditions, congestion, deficient bridges, and highway fatalities in motor vehicle accidents.

A representative from the Tennessee Department of Transportation cites the state’s high ranking in the study as proof of TDOT’s commitment to maintaining the state’s infrastructure and improving road safety.

]]> Of course, that high score could not have been achieved without the help of construction workers. Now that winter weather seems safely in the past, TDOT is initiating a number of repairs and new road and bridge construction projects around the state. Drivers in Cleveland, Tennessee may already have had to negotiate the slower speed zones found in such sites.

Yet one Tennessee driver may not have adjusted his driving around a construction work zone, resulting in a motor vehicle accident with a fatal consequence. According to reports, the 36-year old driver was traveling on Interstate 64 when he came upon a construction zone near the Interstate 57/64 split.

However, the driver apparently failed to reduce his speed appropriately for the conditions. As a result, he rear-ended a semi trailer that was part of a line of backed up traffic at the site. The driver sustained fatal injuries. His passenger fared slightly better, and is being treated for serious injuries at a local hospital.

Construction zones are important for the safety of the state’s infrastructure. However, drivers need to apply the appropriate standard of driving care around such sites. Failing to reduce one’s speed may lead to an accident and expose a driver to a personal injury or wrongful death suit for his or her act of negligence.

Source: register-news.com, “Tennessee man dies in accident,” April 27, 2013

Phil Jacobs Awarded Certificate of Appreciation

2013-05-01T15:02:30Z

Attorney Phil Jacobs of Logan-Thompson, P.C. was recently awarded a Certificate of Appreciation for his assistance in implementing a new Order of Protection program for Cleveland and Bradley County. Orders of Protection exist to protect victims of physical violence, sexual assault or destruction of property. Because of their importance in protecting individuals from further abuse, it is essential that the court has an efficient method by which to approach them.

Due to an increasing volume of Orders of Protection being requested in the area, the court felt the need to restructure itself in order to meet demands. Phil Jacobs worked to address this issue alongside attorney Cathy Allhouse by developing a process that directly addresses prior concerns through a system that rotates judges and utilizes volunteer attorneys in order to maintain an efficient process that meets the needs of all parties involved.

In an interview with the Cleveland Daily Banner, Judge Dan Swafford stated in regards to this new system that, "We are fortunate to have judges, clerks, and attorneys willing to work in a partnership to achieve this goal. I appreciate the professionalism and dedication of all involved in making this such a successful endeavor."

Sullivan County Sheriff's Budget Issue Goes to Trial

2013-04-29T15:30:28Z

Last week, attorney James Logan took to trial an important dispute between Sullivan County and the Sullivan County Sheriff's Department. Mr. Logan was chosen to represent Sullivan County in this dispute following his success in a similar case in Bradley County.

The dispute in this case involves the initial demands of the Sullivan County Sheriff's Department for an additional nine million dollars of funding to be added to their budget. Mr. Logan successfully reduced the amount of the dispute after a motion for summary judgment to approximately one million dollars. The impact of the decision regarding this case will determine how Sheriff's Departments are able to raise their budget on a yearly basis and what can be done by the County in order to contain those budgets to reasonable amounts.

Nashville musician causes fatal motor vehicle accident

2013-04-26T22:20:09Z

Nashville has a legendary music history, not to mention a new television drama on that very subject. When Tennessee readers think of the city's musical legacy, the Grand Ole Opry may come first to mind. Yet the city also has a thriving scene for other music genres, as fans of the rock band 3 Doors Down might attest.

However, the late nights and smaller bar venues of some up-and-coming rock bands might invite poor choices when it comes to drinking and driving. The bassist for 3 Doors Down recently found himself in this predicament.

]]> According to the Metropolitan Nashville Police Department, the musician was driving at a possibly unsafe speed on Interstate 40 in the late hours of a recent Friday night when he grazed a pickup truck. The impact from the accident caused the truck to crash and overturn in an embankment, killing its 47-year-old driver.

The police responding to the scene report that the musician did not perform well in field sobriety tests. When questioned, the musician also admitted to being under the influence of hard cider, as well as being on prescription medication.

Nashville drivers should be able to enjoy the city's nightlife without fearing for their safety on the city's roads and highways. Drunk drivers are almost always too impaired to drive safely, which puts everyone else on the road at risk. Fortunately, that negligence does not go unpunished. In addition to criminal liabilities, the surviving family of the truck driver may be able to bring a wrongful death lawsuit against the musician.

Source: usnews.nbcnews.com, "3 Doors Down bassist charged in fatal crash in Tennessee," Alex Dobuzinskis and Peter Cooney, April 21, 2013

Will Guard Rails in Tennessee Keep You Safe?

2013-04-22T17:12:10Z

What duties does Tennessee owe the general public when they install guard rails throughout the state? This question may be futher defined soon, as the result of a wrongful death suit taken up by attorneys James Logan and Robert Norred of Logan-Thompson, P.C.

In this case, questions were raised about an improper installation of a guard rail on Hixson Pike. After a two day trial back in March of this year, the Administrative Court of Claims Judge ruled that the parties involved had 45 days to submit their final briefs. Once these briefs are presented, the Court will deliver their decision, which will be important in developing standards as to what Tennessee owes regarding the construction of guardrails across the state.

Tennessee manager concealed worker injuries

2013-04-19T05:12:46Z

Tennessee has a sizable manufacturing industry, employing workers in plants that produce products ranging from automobiles, processed foods, and chemicals such as paints, pharmaceuticals or industrial products. Workers in those industries may perform difficult jobs.

Fortunately, many take peace of mind in the Tennessee Workers' Compensation Act, a state law that provides certain workplace protections. The state Department of Labor and Workforce Development has enforcement authority of the law, ensuring that employers are held accountable for unsafe workplaces and provide compensation for lost wages to employees who are injured on the job.

]]> However, not all work-related injuries may be resolved by a workers' compensation claim. For example, if a third party's negligence contributed to a workplace accident, that individual or entity might be held accountable in a personal injury lawsuit. In other cases, a supervisor or manager may not honestly report workplace injuries. A jury might interpret such behavior as recklessly or intentionally ignoring known safety hazards, resulting in similar personal injury liability or potential premises liability.

Today's story involves such a scenario. A Tennessee safety manager for a construction contractor was recently found guilty of concealing over 80 on-the-job injuries over a two-year period at several nuclear facilities operated by the Tennessee Valley Authority. He was sentenced to a prison term of six and one-half years, as well as a two-year term of supervised release. Several employees testified about how the manager's behavior denied or delayed their medical treatment. The man's incentive to lie may have been a reported $2.5 million that the company wrongfully collected in safety bonuses.

Source: nola.com, "Shaw Group safety manager who lied about worker injuries at Tenn. nuclear plants sentenced to 6 1/2 years in prison," April 12, 2013