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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

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

Taser Officers Found Not Liable

George Fusner — Tue, 19 May 2009 15:25:08 GMT

The Tennessean this morning reported the verdict in the tragic death of a 21 year old who was tasered 19 times by Metro Officers. I will not be lengthy in this post since I know the defense lawyer John M.L. Brown very well. He an I went to law school together at Vanderbilt University, have tried cases together, shared an office, and he has given me a bunch of fire arms training.

The jury found for the officers involved and absolved them of all responsibility. I Only represent Plaintiffs who are injured and have done so for over 30 years. This kind of case is know as a excess force case whose liability is founded on 42 USC 1983. It states

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.

The case is premised on depriving the injured person of their due process rights by the police officers taking the law into their own hands and causing the injury or death. What is extremely difficult in proving these cases for the Plaintiff is the issue of causation. Did the use of the taser cause the death? Further was the force excessive under the circumstances? I don't know the answers, however, the jury did find for the officers.

Once again the jury system worked. The survivors of the deceased had their day in court. The officers had their say. The jurors made a determination. There is no reason to change the system. What if it had been your son? Would you want your day in court? Of course. Sometimes you win and other times you loose. The so called tort reformers would want you to believe this is a frivolous case and should not have been brought. Bunk. Leave the system alone. It an't broke so don't try to fix it.

Originally posted at InjuryBoard by George Fusner

Tennessee Auto Insurance 102 (Uninsured/Underinsured Motorist Coverage)

George Fusner — Mon, 15 Jun 2009 14:17:54 GMT

In the previous article, I talked about liability insurance in Tennessee in detail, but only briefly mentioned uninsured motorist (“UM”) and underinsured motorist (“UIM”) coverage. This blog post will be about UM and UIM coverage more specifically.

Unlike liability insurance, which pays for damages by accidents where you are at fault, UM/UIM coverage protects you (“the insured”) by paying (up to the UM/UIM coverage policy limit) for damages such as medical bills, lost wages, pain and suffering, property damage, and other losses when you are injuried by a person who cannot afford to pay and does not have liability insurance. There is a relatively small distinction between UM and UIM coverage. UM coverage protects the insured party when a driver at fault whom causes an accident does not have insurance, and cannot pay for the injury or property damage. UIM coverage protects the insured party when a driver at fault has insurance, but their policy is not enough to pay for all of the damages.

In a perfect world, everyone would have adequate coverage. However, the reality is, many motorists opt for the cheapest insurance premium available. This means the only minimal coverage for these motorists on the road. In Tennessee, the legislature recently revised section 55-12-102, Tennessee Code, to increase the minimum liability insurance:

(D) (i) If proof is required after December 31, 2008, proof means:

(a) A written proof of liability insurance coverage provided by a single limit policy with a limit of not less than sixty thousand dollars ($60,000) applicable to one (1) accident;

(b) A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than fifteen thousand dollars ($15,000) for damage to property in any one (1) accident;

Even though Tennessee has upped the total liability coverage minimum to $60,000 this past year, this amount of coverage is almost always inadequate for anything but the most minor of accidents. As a practical matter the most liability policies are split limit with ONLY $25,000 in liability limits. This amount would certainly not be enough to cover moderate to severe injuries let alone death. This is where UIM coverage kicks in. For example, let’s say a driver hits your vehicle, and is 100% at fault. The damage costs you $100,000 in combined property and personal injury damages, but the other driver only has the Tennessee required minimum of $25,000 in coverage. UIM coverage would pay you $75,000 or the UM/UIM policy limit, whichever is less.

An even worse scenario than an underinsured motorist is an uninsured motorist. In 2007, 1 in 5 motorists in Tennessee did not have insurance. And unfortunately, that statistic is getting worse every day. Numerous reports, such as the recent Insurance Research Council news report, predict an increase in the number of uninsured motorists with the economic downturn. And naturally those who can’t afford insurance would more than likely not be able to pay for an accident which they are at fault for.

To reiterate an important point from the previous lesson – the UM coverage limit cannot exceed liability coverage. So if you have a $100,000 in liability coverage, you’re only allowed to buy up to $100,000 in UM coverage. You can trust yourself to be a safe, defensive driver, but can you trust others on the road? UM coverage is a very worthy investment, because quite simply it helps protect you.

In summary: without UM/UIM coverage, the insured party may be left with a stack of bills and a judgment against a party who cannot pay. This should be more than enough reason to talk with your insurance agent about increasing your UM/UIM coverage. If you have any questions, please contact me via phone or e-mail and I’ll be happy to help.

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

How Do You Determine Who Is At Fault In A Car Accident Case ?

Rob McKinney — Wed, 30 Jul 2008 18:43:55 GMT

There are two primary ways to determine fault in a car or truck accident case. First, a driver may be liable for the accident due to negligence which is harder to prove. More on that in a later post. The second way to prove fault is a violation of a statute or law. It is commonly referred to as negligence per se. The State of Tennessee has created a code of conduct for driving cars, trucks , and motorcycles. It is commonly referred to as " The Rules of the Road". Some cities and counties also have additional rules of the road. A driver's violation of a statue may provide a basis for providing liability. Once the police or state trooper investigates the car or truck accident , he or she will make a determination if one of these rules have been violated. A violation of these rules usually decides who is liable for the car accident. If the other driver is at fault, suggest to the officer that a traffic ticket be issued. It helps prove your case.

Originally posted at InjuryBoard by Rob McKinney

Deadly Car Accident in Franklin Caused by Alcohol

Rob McKinney — Wed, 11 Apr 2007 16:33:58 GMT

A day of drinking turns deadly on Franklin Road as traffic was tied up for hours . Jeremiah McPherson began drinking after he left a job site . It appears he was to drunk to drive and slammed into another car. McPherson was driving a Cavalier that hit a Lexus at the intersection of Franklin Road and Mack Hatcher Boulevard. The passenger of McPherson's car was killed and the other driver was injured . McPherson was charged with Vehicular Homicide . Drinking and Driving continues to impact all members of society .

Originally posted at InjuryBoard by Rob McKinney

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