I-440 Onto I-24 Killed Driver Indentified

George Fusner — Mon, 14 Sep 2009 14:12:00 GMT

The Driver killed this morning September 14, 2009 when his SUV flipped over the guardrail on I-440 and I-24 has been identified by Metro Police according to the Tennessean. According to the police speed was a factor. Was this a preventable wreck? I don't know. However, what safety features could have prevented the consequences of the speed?

The Tennessee DOT most likely was responsible for the design of the roadway. In making that design they had a duty to minimize the consequences of a vehicle striking the wall and rolling over the guardrail. Was it foreseeable that the a car would travel at a high rate of speed around that curve? You bet. What happens to a car when traveling around a curve at a high rate of speed? It has a tendency to push out to the wall. If the driver gets scared and the lifts off the gas the car will spin out. Its physics. What if an outside tire blew out at normal speed that could cause the SUV to lose control. Further it was an SUV which have a much greater tendency to roll over. Could that have caused the wreck. I don't know and it cannot be determined without a through investigation.

What is critical and time sensitive now to to preserve the evidence so the cause can be determined. That takes a lawyer experienced in car wreck and product liability claims. Call one today if you are a family member.

Originally posted at InjuryBoard by George Fusner

Brentwood Tennessee SUV Fire

George Fusner — Thu, 25 Jun 2009 12:25:18 GMT

Chanel Five News reports an SUV fire in Brentwood last night. Fortunately no one was injuried. Its hard to tell from the picture what is the make of the vehicle. However, if it is a GM product there are some ironic twists to the story.

If the owners have comprehensive insurance coverage on the vehicle the insurance company will then have to pay the actual cash value. Couch on Insurance defines actual cash value as:

In the great majority of cases, the limitation to “actual cash value” is expressed in the following terms: The insurer will not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage must be ascertained or estimated according to such actual cash value, with proper deduction for depreciation, however caused, and will in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality.

Then the insurance company would pursue a subrogation claim against the responsible party to recover its loss. If it was caused by a defect in the vehicle and the SUV was still under warranty, GM would pick up the tab with our governments backing.

Now the ironic part. If the fire had seriously injuried somebody or burned them to death guess what? NO recovery under the current government sponsored bankruptcy plan. Read this great post for a good explanation of what is happening.

Originally posted at InjuryBoard by George Fusner

Nashville Personal Injury Lawyer - defective SUV

I-440 Onto I-24 Killed Driver Indentified

Brentwood Tennessee SUV Fire