Nashville Personal Injury Lawyer - All Topics

Garage Explosion Leaves One Dead, One Critically Injured

George Fusner — Tue, 01 Dec 2009 01:00:00 GMT

Jimmy Seabolt and his step-son Jacob Barretta were working on a car in their garage when something exploded. The two ran out of the garage while on fire, witnessing neighbors told police. The two neighbors that helped put out the flames, Jeff Kelton and Jason Bray, are both former volunteer firefighters.

But it was too late. Early reports estimated the November 20^th accident left the teenager with burns over 60 percent of his body, and his stepfather with burns over 20 to 30 percent of his body. On November 28^th, though, Jacob Barretta lost his life at Vanderbilt University Medical Center.
Neighbor Kelley Bray says, "It felt like losing a son." Their house has turned into a makeshift memorial, and a fund has been set up on their family’s behalf – Seabolt-Beretta Fund donations can be made at any farmers bank in the midstate.

It’s important to take away from this tragedy the lesson to always be extra cautious when working in garages, especially when working on a vehicle in it. Make sure to keep all open containers sealed and in a safe place. Keep the gasoline and other flammable liquids away from heat or sparks. Always keep a fire extinguisher nearby – there’s no telling what damage could be have been undone if a fire extinguisher was used nearby. Almost as importantly – make sure you have the right fire extinguisher for the job (check out this guide for more info).

My thoughts and prayers go to the family of Jacob Barretta, and hope that Mr. Seabolt survives this tragedy.

Originally posted at InjuryBoard by George Fusner

One Dead, Three Injured in I-40 Crash Caused by Hit and Run Big Rig

George Fusner — Mon, 30 Nov 2009 14:58:19 GMT

Another tragedy involving teenagers. Lindsey Toft of Montery was killed in an accident on I-40. The November 22^nd crash also left three others injured.

She and her sister, Jessica Toft, 17, were passengers in the back seat of a 2004 Ford SUV being driven by Matthew Harris, 18, of Hanging Limb Highway, Monterey. His sister, Kayla Harris, 19, also of Hanging Limb Highway, was riding in the front seat beside her brother. The four teens were on their way home from seeing a movie, according to the State Trooper Scott Bilbrey’s report. A tractor trailer truck was traveling in the lane left of the teen’s vehicle. The truck driver apparently had given a signal that he was moving over, attempted to enter the Ford’s lane. Harris blew his horn, but still had to swerve to avoid being hit. The Ford then struck the right-side guardrail, and bounced back onto the highway. It then struck a second tractor trailer, ejecting Lindsey Toft through the rear-window. Both Lindsey Toft and her sister Jessica were not wearing seat belts. The report said the SUV was in the the tractor trailers "blind spot." At night that "blind spot" is much reduced as the driver can see the headlights of the vehicle if he looks.

All accidents resulting in injury or death should be investigated quickly and thoroughly. This becomes even more important when it’s a hit and run case like this.

In Tennessee, while citations can be issued for non use of seat belts, failure to use a seat belt cannot be used to decrease awards of lawsuits for negligence of other drivers in crashes. This means that Toft’s family’s damage award would not be reduced by her non-use of a seatbelt. But this presumes that the at fault truck driver can be found – which is why the Toft family should demand nothing short of an immediate investigation or hire an experienced tractor trailer attorney to investigate for them!

Originally posted at InjuryBoard by George Fusner

What To Do If You Hit A Deer?

George Fusner — Fri, 20 Nov 2009 14:41:22 GMT

The Deer gun season opens tomorrow November 21, 2009. Hopefuly I will be in the woods. However, this time of year the deer are very active and often cross the road. I have actually hit a deer twice. They can really tear up a truck. Fortunately I was not injured but could have been.

Channel Five News in Nashville recently reported on the problem. Watch the video here.

Now what do you do? Hopefully you were not injuried. As with any accident document your damages. Take photos of the damage and dead deer at the scene. The insurance company will want proof that you hit a deer. In one of my cases the adjuster found deer hair in the crushed grill. That saved my claim. Report the claim to your insurance company as soon as possible. Call the TWRA to inform them of the incident. They probably will not investigate, however, you have made a record.

If you eat venision like I do, prerserve the good part instead of letting it go to waste. In Tennessee we have a "road Kill" law found at TCA 70-4-115. It states



		(c) Motorists are not required to report game accidentally killed by the operation of a motor vehicle. Notwithstanding any other provision of the law to the contrary, wild animals accidentally killed by a motor vehicle may be possessed by any person for personal use and consumption; except that, first, personal possession of a deer accidentally killed by a motor vehicle is permitted only if the person notifies the wildlife resources agency or any law enforcement officer within a reasonable time not to exceed forty-eight (48) hours and supplies that person's name and address; and second, personal possession of a bear accidentally killed by a motor vehicle is permitted only when authorized by an enforcement officer of the wildlife resources agency and the person is issued a kill tag. In deer-kill notification situations where a law enforcement officer rather than someone with the wildlife resources agency is notified, the law enforcement officer or the officer's designee shall be responsible for notifying someone with the wildlife resources agency and supplying the information relevant to the deer-kill.

Keep a sharp lookout. Scan to the sides of the road. If you see a deer cross in front of you there will likely be another one so slow down.

Originally posted at InjuryBoard by George Fusner

Nashville Hit-and-Run Leaves 26 Year old Dead on I-24

George Fusner — Fri, 20 Nov 2009 14:13:50 GMT

On November 9^th at 1:20 a.m. a 26-year-old Nashville woman was traveling west on I-24 in a 2004 Chevrolet Trailblazer. The driver veered off onto the right shoulder and onto the rumble strips. She overcorrected, and swerved across multiple lanes of traffic, hitting a concrete median wall. The Trailblazer’s door swung open and the driver was ejected onto the interstate. A blue car, believed to be a Ford Mustang, struck the driver, but did not stop – police are still looking for this driver. It’s not yet known whether the driver died from the impact, the ejection, or from being run over. Any information leading to the identification of the driver of the blue Mustang should call 862-7738.

Few points:

1. Why did the Trailblazer’s door open on impact? That is not typical nor should it have been design to do this. This occurring may have been a result of a product defect, and more facts may surface to support this assumption.
2. Always wear your seat belt. This is a case where the driver’s life might have been saved by buckling up. However, what if teh seat belt failed? Another product defect.
3. If alcohol wasn’t involved in this crash, what was?. Distracted driving can be as dangerous as drunk driving, and may very well have caused the driver to veer into the right shoulder. And remember, texting while driving is now illegal in Tennessee.

Another example of why investigation EARLY rather than later is critical. The car needs to be preserved. Sure Metro or the THP did an investigation. However, for who?

Originally posted at InjuryBoard by George Fusner

Hunting Safety Rules

George Fusner — Thu, 19 Nov 2009 14:46:48 GMT

Deer season for firearms opens on Saturday. Hopefully I will be in woods. However, safety MUST be on everyone’s mind. The NRA has a great list of safety rules for gun handling. Review them here. While all the rules are extremely important, while hunting perhaps the most important is “Know your target and what is beyond.” I have hunted for over forty years across North America including Alaska as well as been privileged to go on three safaris in Africa. Yet I still get excited when I am getting ready to shoot. I have to constantly remind myself to look beyond the animal to be sure if I miss or the bullet goes thru the animal it doesn’t hit something it shouldn’t. In Africa often you are picking out one animal from a group and hitting another animal can be both expensive and illegal. While deer hunting there are many hunters in the woods at the same time. Every year someone gets shot, why? Due to a violation of this very rule.

Know the hunting rules and regulations. The Tennessee Wildlife Resources Agency (TWRA) has an excellent website at http://www.state.tn.us/twra/ . Contained within that web site are the hunting rules and regulations at http://www.state.tn.us/twra/pdfs/huntguide.pdf . Wear orange even if it is not required. Don’t trespass. Don’t use a tree stand without a safety harness. Unload that gun BEFORE climbing into a stand.

I am looking forward to a great day in the woods. Shoot straight and be safe.

Originally posted at InjuryBoard by George Fusner

Vehicle Safety: Today and the Future (Audi takes the lead.)

George Fusner — Tue, 20 Oct 2009 10:34:25 GMT

It was 50 years ago the three point safety harness (also known as the seat belt) was invented, and pioneers in the industry have been working to make a safer vehicle ever since. I’ve already talked about radar cruise control, so I thought instead I’d go through a recent Audi press release concerning their high-tech new safety features found in some of their vehicles. Features include:

Ø Adaptive restraint system – Front end crashes were once extremely deadly. Thanks to the safety advances over the last 50 years, that’s no longer the case. However, while airbags and seat belt locking mechanisms are effective in mitigating the impact of a high speed collision, they can sometimes do more harm than good in slower accidents. The force of the airbag can sometimes be so strong that it injures the person unnecessarily. The adaptive restraint system is a broad term where the seat belts and airbags act responsively to the impact of the crash, so that in a lighter crash, air bag deployment is only as powerful as it needs to be – preventing injury from the crash itself along with the airbag deployment.
Ø Airbag Valves – when the airbags are deployed in a low to moderate speed accident, small valves on the backside of an airbag will allow the airbag to “deflate,” only as much as necessary, to prevent too much force striking the passengers.
Ø Belt force limiter – in a moderate crash, a lighter person in a traditional vehicle may be subject to a thorax injury because the passenger’s body does not reach the airbag. Audi’s system will intelligently disengage if necessary to allow the passenger’s body to reach the airbag, which will reduce the chance for injury. In an extreme accident, though, the system will not disengage – which is a good thing.
Ø Seat position memory – to go along with the adaptive restraint system, the Audi’s computer knows the location of the seat on its rails, whether close up or far away from the steering wheel. Accordingly, it uses this data to help the adaptive restraint system work more effectively.

These are amazing features – but this isn’t an advertisement for Audi. (I watched the Audi race cars at Road Atlanta at the Petit Le Mans several weeks ago and have to admit some prejudice.) Other competitors in the Audi’s price range offer similar features. The real question is how long will this take until it reaches more masses – that is, when will moderately priced vehicles such as the Toyota Camry, or the Honda Accord, get these technologies? Even further than that, how long until the Hyundai Accent and Chevrolet Aveo have these features? The technology is here. Manufactureres have no excusses, use it.

Originally posted at InjuryBoard by George Fusner

Finding a Personal Injury Lawyer for an I-40 Car or Truck Wreck

George Fusner — Mon, 19 Oct 2009 10:55:35 GMT

How can people injured in car or truck accidents on I-40 find a personal injury lawyer in Nashville, Tennessee or one of the states Interstate 40 runs through? When drivers, passengers, families of drivers, passengers, workers, troopers or maintenance workers are injured in another state on I-40 they need to know how to find an Tennessee lawyer. So if you’re from South Carolina, North Carolina, Arkansas, Oklahoma, Texas, New Mexico, Arizona, or California, and you’re involved in a wreck on I-40 in Tennessee what lawyer handles that kind of legal work? Call George Fusner.

In general there are several ways it’s been done in the past; some traditional and some not so traditional.

Professional Referrals: Call a lawyer you know and ask for a reference.

Lay Referrals: Call a friend or relative and ask for a referral. But ask a lot of questions. Why were you satisfied with them? What kind of case? Is it the same type of case? Is the lawyer licensed in Tennessee? Does the lawyer practice in the area of personal injury law or dabble in it to make extra money? Did the lawyer personally meet with you? Does the lawyer represent insurance companies or trucking companies?

Internet Search: Get on the Internet and search using the terms of your case, accident or injury. See if the lawyer writes how he writes and what he/she writes about. Is this really the lawyers area of expertise.

Previous Experience: If you’ve already had a case and were satisfied with the lawyer; and they handle this kind of work then use them again; unless you know someone better, smarter or more energetic.

Yellow Pages: NOT!! DEAD!!

If we can help you please give us a call. George Fusner , 116 Wilson Pike Circle, Brentwood, TN 37027

Tel: 615-251-0005 Fax: 615-370-8447 Email: gfusner@aol.com

Originally posted at InjuryBoard by George Fusner

Black Box Evidence and The Car or Truck Wreck Case

George Fusner — Mon, 12 Oct 2009 17:21:53 GMT

A story in the Saturday October 10th Tennessean highlights the need to get an experienced car wreck or tractor trailer wreck attorney involved early in the case. The story is about a criminal case in Murfreesboro when a police officer hit a little girl and killed her. Speed had been alleged but not proven. As the story explains a black box records data immediately prior to an event (read wreck). In that case the car was going over 70 MPH right before the wreck and 62MPH at the time of impact, all in a 30 MPH speed zone. Clearly grossly negligent if not criminal.

In tractor trailer cases the data event recorders often hold a lot more information. However, if the vehicle is driven from the scene, sold, repaired, or destroyed that data is lost. An experienced lawyer will immediately obtain possession of the vehicle to preserve that evidence. The trucking companies know this and try to avoid your getting this information. They also do this with driver logs. The regulations only require them to preserve a drivers logs for 6 months. The trucking companies routinely destroy the logs after that time. When you hire an attorney 9 months after the wreck its long gone. However, if you hired an attorney a month after the wreck he could send a spoliation letter or even file suit to preserve the evidence and protect your rights.

Hire an experienced car wreck or tractor trailer wreck attorney sooner rather than later. You will be glad you did.

Originally posted at InjuryBoard by George Fusner

Two College Students Killed in Sewanee Tractor Trailer Wreck

George Fusner — Mon, 12 Oct 2009 10:17:47 GMT

19-year-old Kathryn "Katy" Christianson of Chattanooga and 18-year-old Kathleen Beech of Clarksville were killed in the Thursday morning crash while they are two other University of the South rowing team members were en route to practice. The accident occurred at approximately 7 AM local time. This hits close to home as I have a son in college.

According to police reports, Beech (the driver of the vehicle) went to cross U.S. 41-A at Airport Road when her vehicle was struck by an oncoming tractor-trailer, driven by John H. Tucker. Tucker was treated at a hospital and released.

It is a difficult time for all those involved to pick up the pieces. Ms. Christianson and Ms. Bleech leave behind friends, family, and teammates. They all have my condolences.

Many facts of the accident remain untold. What was the cause of the accident? Did Ms. Bleech not see the truck? It was early enough, he should have had his lights on. How fast was the truck going? These are questions that hopefully will find answers. Also, the passengers of Ms. Bleech’s vehicle (as well as Ms. Christianson’s family) can recover from the insurance policies of both Ms. Bleech and the truck driver, even if Ms. Bleech was the more negligent driver.

If you or someone you know is injured as a passenger of a vehicle, talk to an experienced car wreck or tractor trailer wreck attorney about recovering what is due. Just because the driver of your vehicle was negligent does not bar you from recovering from the other driver’s insurance policy or from their insurance policy if you are a passenger. IN some cases if there is not enough insurance your own underinusred motorist policy may allow for a recovery as well.

Originally posted at InjuryBoard by George Fusner

2 injured in head-on collision in Clarksville 9/18/09

George Fusner — Wed, 23 Sep 2009 10:17:37 GMT

Traffic was blocked for more than hour last Friday the 18^th as Clarksville crews worked to clean up a serious auto accident on McAdoo Creek Road.

Christopher Morrison was driving the dump truck west on McAdoo Creek Road when he collided with the four-door sedan driven by Amy Dziewior, 33, also from Clarksville, who was heading east.

Both were flown to Vanderbilt University Medical Center for treatment. Both were in stable condition Friday night, officials at Vanderbilt said.

Tennessee Highway Patrol Trooper Krystal Mathis was the lead investigator, but said early Friday that it was unclear how the collision happened. No new information has been published since then.

Both vehicles came to rest on the south side of McAdoo Creek Road. The sedan suffered serious front-end damage, and Dziewior had to be extracted from her vehicle.

It’s a miracle Dziewior didn’t die in this crash – head on collisions with trucks usually result in fatalities for the driver of the smaller vehicle. I’ll report more on this once more information comes available.

Originally posted at InjuryBoard by George Fusner