Nashville Personal Injury Lawyer

I-24 Tractor Trailer Death December 28, 2009

George Fusner — Wed, 30 Dec 2009 14:58:38 GMT

WSMv reports the death of 19 year old Jessica Wyatt of Dover Tennessee on east bound I-24 in Cheatham County Tennessee near Pleasant View Monday night. It was reported she struck the rear of a tractor traile truck traveling slowly uphill in the center lane. At first blush it would seem this wreck was Jessica's fault. However, not so quick to lay the blame on her.

To begin with the tractor trailer was traveling slowly in the center lane. Did this violate a statute making the driver negligent per se? Was the required reflective tape on the rear of the trailer? Were all rear lights working? Then the big issue an under ride death.

In tractor trailer wrecks one of the most common causes of wrongful death fatalities is the underride collision. An 18-wheeler underride collision happens when an automobile crashes into a truck, and penetrates ("underrides") beneath the side or rear of the trailer. In the usual case, the top of the car may be crushed, or shorn off completely. These kinds of collisions are completely preventable - provided the trucking company has installed the necessary equipment.

Here is a more detailed explanation of the completely preventable tragic accident.

Although more facts must be gathered this case is not as simple as it seems. As I have written about numerous times before, especially in trucking cases, it is critical for the family of the loved one to begin an investigation as soon as possible so that evidence can be preserved. Jessica can't tell anyone what happened. Thus the wreck must be recreated from evidence that soon may be lost of destroyed. Hire an attorney experienced in tractor trailer wrecks sooner rather than later.

Originally posted at InjuryBoard by George Fusner

Spring Hill Tennessee Child Burned By Exploding Gas Can

George Fusner — Mon, 28 Dec 2009 15:17:14 GMT

The Tennessean reported today on another tragedy involving a gas can and a young child. Young Dylan Snider of Spring Hill was severly burned when a gas can exploded when he was near a bonfire. The child is at Vanderbilt's Burn Center I am sure under the outstanding care of Dr. Jeffery Guy.

This type of injury occurs far to often and is completely preventable.

If you have a yard and mow your own lawn, chances are you own a plastic gasoline can. Most people think of these red, plastic gas cans as cheap and effective for storing and dispensing gas. But what most people don't know is that these gas cans, under certain usage situations, are exploding fire bombs. Thousands of children and adults have been severely burned or killed by exploding gasoline cans.

Another thing most people don't know is that gasoline can manufacturers have known how to prevent these explosions for decades with the addition of a simple and inexpensive "flame arrestor." It is documented that miners in the early 1800’s knew about and used this technology. A flame arrester is nothing more than a thin wire mesh located in the gas can spout. It costs just pennies to produce and place in a gas can. The mesh allows the gas to come out, but keeps flames from igniting gasoline vapors inside the gas can and causing the can to explode. Typically gas can explosions occur when gasoline vapor from the can is exposed to a nearby open flame and the vapor carries the flame back into the can causing a violent explosion which engulfs the user and bystanders in a fireball. I know of one case were the flame traveled over twenty feet to ignite the can. Most likely this is exactly what happened to young Dylan. Hopefully his parents have kept the can so its manufacturer can be determined and held accountable for his injuries.

The larger plastic gasoline can manufacturers like Blitz USA, Inc., Midwest Can, Scepter Manufacturing and the Plastics Group, knew or should have known about the gas can explosion danger and further, how to protect the gas can users. Professional grade gas cans have been equipped with flame arresters and spring-activated caps, which close automatically and ensure that vapors don't escape, or oxygen doesn't migrate into the can to mix with the vapors. Gas vapors are heavier than air and thus travel and stay close to the ground rather than disipating.

In January 2009, the Consumer Product Safety Commission (CPSC) required all plastic gasoline cans to come equipped with a child resistant safety cap. However, there are tens of thousands of plastic gasoline cans still in use which are defective and unsafe, especially for children.

What parents and especially children do not understand, is how easily gasoline vapors can ignite. A nearby open flame, a natural gas pilot light, and even static electricity can ignite gasoline vapor and cause a gas can to explode. When this is done in the vicinity of a gas can, it can lead to disaster.

My prayers are with Dylan and his family.

Originally posted at InjuryBoard by George Fusner

Tragic Wreck On HWY 49 E Cheatham County

George Fusner — Thu, 10 Dec 2009 16:06:04 GMT

The Tennessean reported a fatal wreck that killed an elderly couple December 9, 2009 on Highway 49 E in Cheatham County near the Dickson County line. Bennie and Elsie Vandgrift were killed when a van driven by James Willis crossed the center line and hit them head on.

I am very familiar with this stretch of road as I drive it frequently going to my farm on Old Lock A road. It is narrow with no shoulders. However, that is NO excuse for crossing the center line. Why did he cross over? The investigation is incomplete however, criminal charges are pending. Another drunk driver at 1 in the afternoon?

My thoughts and prayers go out to the family and loved ones of the Vandgrift's.

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