Nashville Personal Injury Lawyer - Automobile Accidents

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

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

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

Thursday 8/27/09 A Busy Day For Giles County First Responders

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

The Pulaski Citizen reported three accidents within a three hour period on Thursday August 27, 2009. The most serious was a fatality in a single car accident on Chicken Creek Road. The driver was killed at the scene however his passenger suffered minor injuries.

I-65 at the highway 17 mile-marker kept Trooper Harvey Briggs busy. One injured person was transported to Huntsville for treatment. The Marshall County Ambulance service assisted due to the heavy call volume.

The third wreck involved a three car pile up near the Home Depot caused by a driver rear ending two stopped cars. That driver most likely will be responsible for the injuries. Several children were taken to the hospital by three ambulances.

The story highlights the importance of cooperation between neighboring first responders. Tennessee is known as the "Volunteer State" for more than one reason.

Originally posted at InjuryBoard by George Fusner

Two Injured in Erin Single Car Accident

George Fusner — Wed, 26 Aug 2009 10:02:38 GMT

Two Houston County high school students in Erin were injured while passengers of a 1995 Honda Accord when the driver, who has not been identified, crashed into a ditch. Brittney Smith, 17, was transported to Patients’ Choice Medical Center by ambulance. Lindsey Batt, 16, was flown to Vanderbilt University Medical Center where she is reported in stable condition.

The accident occurred after school got out on Monday, Aug. 24. The driver ran off the road, over corrected the vehicle twice, then finally striking a ditch and overturning the vehicle. She was reportedly wearing her seat belt improperly and had to be extracted by emergency workers. No word on her injuries.

Trooper Billy Smith reported that speed was a factor in the crash. It’s safe to assume the driver was also distracted in some way. The dangers of distracted driving are only amplified when the driver is inexperienced and speeding. Especially troubling are teenagers these days have a propensity to multitask while driving, namely text while driving. Texting while driving is now illegal in Tennessee, but that won’t stop all offenders.

This may be a classic case of a negligent teenage driver distracted by this or that. Or, it could be an issue of teenagers being distracted by talking on a cell phone or texting. Perhaps the passengers will speak up if this is the case. Either way, it’s always unfortunate to see teenagers learn the hard way that safe driving is a serious matter.

Originally posted at InjuryBoard by George Fusner

Three-Point Seat Belt Turns 50

George Fusner — Mon, 17 Aug 2009 14:54:44 GMT

August 13^th marked the 50^th anniversary of the three-point seatbelt. Invented by Nils Bohlin, a Volvo engineer at the time, the seat belt revolutionized safety inthe automotive industry. Previously, other two and three point seat belt systems were used in vehicles but failed to protect occupants in a variety of crashes.

Using some ingenious solutions to problems found in other systems, Bohlin successfully produced the seat belts we all use today. Volvo, seeing the importance of the invention and the effect it had on occupant safety, claimed the invention but did not limit others from utilizing the design. Within a few years of its public release, almost every automotive company was providing the three point design standard with their vehicles.

The effect has been astounding. The British Government has estimated the design has saved over a million lives in accidents. The seat belt not only protects occupants from head on collisions, but also from rear-enders and roll-overs.

With such a simple, effective device which prevents serious injury or death, it’s no surprise that states have made seat belt use required. In Tennessee, Section 55-9-603 applies to almost all drivers in the state:

55-9-603 (a) (1) No person shall operate a passenger motor vehicle on any highway, as defined in § 55-8-101, in this state unless the person and all passengers four (4) years of age or older are restrained by a safety belt at all times the vehicle is in forward motion.

If caught in a vehicle without a seat belt, the offender is stuck with a fine, $10 at minimum. There’s a separate statute, 55-9-602, which requires drivers to ensure that children in their car are properly restrained:

(a) (1) Any person transporting any child, under one (1) year of age, or any child, weighing twenty pounds (20 lbs.) or less, in a motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a child passenger restraint system in a rear facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.

(2) Notwithstanding § 55-9-603, any person transporting any child, one through three (1-3) years of age weighing greater than twenty pounds (20 lbs.), in a motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a child passenger restraint system in a forward facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.

Drivers liable under this statute will suffer a $50 fine.

Despite the law, and despite common sense, almost 1 in 4 drivers in Tennessee are not buckled up. It doesn’t matter how safe your vehicle is, how good of a driver you think you are, or how uncomfortable you think seat belts are, that’s no excuse. Accidents happen, and when they do, you don’t want to be without your seat belt on. Time and time again, deaths occur because the occupant was not buckled up. Although not admissable at trial the jury will figure out that you were not wearing your set belt and reduce your recovery, because your negligence may have increased the severity of your injury.

50 years later… buckle up!

Originally posted at InjuryBoard by George Fusner

Francis Davis and Denise West Killed on 41A Bypass In Clarksville

George Fusner — Fri, 14 Aug 2009 13:12:46 GMT

Driver Francis Davis and passenger Denise West were in a 2004 Ford Taurus crossing the 41A bypass in Clarksville when their vehicle was struck by a 2005 Nissan Quest. The driver and passenger of the Nissan survived, but Davis and West have since died from their injuries.

The accident occurred at the 41-A Bypass and Edmondson Road. At first glance, Davis failed to yield right of way to the Nissan travelling on 41-A. In Tennessee, Section 55-8-129 governs left-turn right of way:

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard…

This is a very longwinded statute saying that the driver looking to turn left onto a major road must first yield right-of-way to oncoming traffic. Similarly Section 55-8-130 is for crossing an intersection. All of this can also be found in the Tennessee DMV’s driver handbook.

But there is probably more to this story. The 41-A Bypass has hills which limit the driver’s ability to see people far ahead. The speed limit is 50 mph in the area, but many travel faster than that, as the driver of the Nissan may have been. Take these two factors and you have a situation where the turning driver can’t see oncoming traffic, and the oncoming traffic can’t stop in time when a vehicle crosses.

Judging by local news reports and those who have responded to them, the intersection is in a desperate need of a traffic signal. Why is there no signal now? What prompted the decision not to put one in before? Did the city know about this hazard? Is the Tennessee DOT responsible for failing to put proper traffic controls at the intersection. These are all factors a lawyer would need to look into to determine who or what caused this fatal accident to occur.

Originally posted at InjuryBoard by George Fusner

Unlicensed Driver Hits Nashville Girl

George Fusner — Mon, 10 Aug 2009 15:46:20 GMT

A 22-year-old driver hit a 6-year-old girl riding her bike before slamming into several parked cars, according to police. The accident happened in Turtle Creek Apartments on Hickory Trace Drive (Google link here – not a pleasant place to live it seems).

The driver and his passenger were unharmed, while the girl broke her arm. The driver was unlicensed – why was he driving?? Does he have insurance? Who was the driver? The report doesn’t say any of this, unfortunately. Who will pay for the little girls medical bills?

This is a cut-and-dry case, it seems. The girl’s parents should seek an attorney to represent them and recover from the driver one way or another.

Source

Originally posted at InjuryBoard by George Fusner

NY Wrong Way DUI – Who Should We Believe?

George Fusner — Mon, 10 Aug 2009 15:43:02 GMT

The story of Diane Schuler’s death continues to unfold. After a toxicology report stated Ms. Schuler was under the influence of marijuana and had blood alcohol level of 0.19 at the time of the crash, her husband Daniel claimed the report must be inaccurate. He went on to even say he’s never seen her drunk during their marriage. I hope for his sake he is telling the truth about his wife’s alcoholism, but it seems like reports are starting to surface which say otherwise.

Mr. Schuler has had issues with drinking in the past. In 1995, Mr. Schuler was arrested for DWI. While this was 15 years ago, it certainly hurts his credibility. The five year old survivor may be the only one who will be able to tell investigators what was really going on, but even then, the story will be incomplete. Suffolk County Child Services is now investigating Mr. Schuler, to see if he had any role in the events leading up to the crash. Mr. Schuler’s own independent investigator stated that the vodka bottle found near the crash may have been packed by Mr. Schuler earlier that day. If she doesn’t drink, why was a bottle of vodka packed?

It’s truly a tragic story. While some believe placing blame in this story is inappropriate considering the insurmountable loss experienced by both everyone involved, it doesn’t change the fact that seven people died because of Mrs. Schuler’s actions.

The question that must be asked as the investigation continues: will the victims’ families be rightfully compensated? The answer is not quite clear yet. One way is to investigate the signage in the area. It’s been reported that there were one way and “do not enter” signs at the intersection to warn motorists it was the wrong way, but nothing on the ramp once entered. Even so, it may be difficult to prove that this was a cause-in-fact of the crash, considering Ms. Schuler’s state of mind. You can be sure that every stone will be turned.

Then there’s the Schuler’s insurance policy, as well as the policies of the other drivers. Without knowing specifics, it’s difficult to tell what the victims will receive from the policies, but it will surely be grossly inadequate.

The dram shop act in NY may apply if new facts are revealed, but at this time it doesn’t seem likely it will be brought up (I talk about TN’s dram shop act in an earlier post here). Most likely, the civil litigation is going to revolve around the investigations ongoing: What role did Mr. Schuler really have in his wife’s addiction?

It’s too early to assume Mr. Schuler’s contribution to the accident in this story, but as more information is received, I will discuss the effect it will have on the upcoming litigation. Right now this story is the perfect example of why you engage an attorney as soon as possible after a wreck.

Originally posted at InjuryBoard by George Fusner

(a) (1) Any person transporting any child, under one (1) year of age, or any child, weighing twenty pounds (20 lbs.) or less, in a motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a child passenger restraint system in a rear facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.



		(2) Notwithstanding § 55-9-603, any person transporting any child, one through three (1-3) years of age weighing greater than twenty pounds (20 lbs.), in a motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a child passenger restraint system in a forward facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.