Attorney Blog

Tennessee Truck accidents caused by corporate culture

Phillip@SeriousInjury.com (Blog Author)27403 — Fri, 26 Feb 2010 08:00:00 EST

Tennessee truck accidents occur all the time - is it always because of bad drivers hired by a trucking company? Certainly a bad hire can create a hazard for the public, but just as likely is that bad habits, dangerous practices, and unsafe driving are overlooked or tolerated.

When a trucking company makes safety a part of its culture, drivers are safer.

If you or anyone you know has been injured or killed in a Tennessee tractor trailer accident, please contact Nashville injury attorney Phillip Miller and the Tennessee trucking attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

Tennessee Auto Accident caused by fatigued driver on drugs

Phillip@SeriousInjury.com (Blog Author)27395 — Fri, 26 Feb 2010 08:00:00 EST

Tennessee car accidents often occur while driving to work in the morning. Commuting should be relatively safe in terms of drugged drivers. Or is it?

Not long ago one of our clients was driving to work. Nothing special about the day until...he was run off the road by a guy who says he hadn't slept in two days and the night before had taken xanax, cocaine, and had spent the night with two women he met in a gas station. This was his excuse for why he shouldn't be held responsible. Unbelievable? Read the affidavit.

If you or anyone you know has been injured or killed in a Tennessee automobile accident, please contact Nashville injury attorney Phillip Miller and the Tennessee car accident attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving automobile accidents or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

Fatigue Contributes to Many Tennessee Truck Accidents

Phillip@SeriousInjury.com (Blog Author)27392 — Fri, 26 Feb 2010 08:00:00 EST

Tractor trailer drivers put in millions of miles every year on the roads and highways of Tennessee. Those millions of miles translate into thousands of hours on the road, and for some of those hours - truck driver fatigue is a huge problem.

The only way to determine whether or not driver fatigue was a problem in your Tennessee truck accident is to hire a tennessee trucking lawyer experienced in tractor trailer cases.

If you or anyone you know has been injured or killed in a Tennessee tractor trailer accident, please contact Nashville injury attorney Phillip Miller and the Tennessee trucking attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving tractor trailer accidents in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

Tennessee Workers Comp Claims Require Notice of Injury

Phillip@SeriousInjury.com (Blog Author)26534 — Wed, 10 Feb 2010 08:00:00 EST

When injured on the job in Tennessee, it may make sense to you that everyone knows that you were injured on the job. Unfortunately, it doesn't always work that way and the rules can be cruel. You should make sure your employer or supervisor "writes up" your injury as work related and that they contact the workers' compensation insurance company about opening a file for your claim.

If you or anyone you know has been killed or suffered a workers comp injury in a Nashville Tennessee work related/worker's comp accident, please contact Nashville injury attorney Phillip Miller and the Nashville Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved. Contact us before you settle your case with an insurance adjuster!

Traumatic Brain Injury - Long Term Consequences

Phillip@SeriousInjury.com (Blog Author)26333 — Sun, 07 Feb 2010 08:00:00 EST

Traumatic brain injury can occur from a Tennessee auto accident, motorcycle wreck, or tractor-trailer wreck.

The brain is encased in a very hard, protective skull. Piercing the skull is very difficult, but a brain injury can take place without the skull being fractured or penetrated.

When there is a blow to the head, a "coup contra-coup" injury can occur when the brain bangs against the inside of the skull. The inside of the skull is hard too and can cause damage.

If you or anyone you know has been killed or suffered a personal injury in Tennessee, please contact Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here. No matter what you do, before you settle your case with an insurance adjuster, read our materials on dealing with insurance adjusters first!

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved. Contact us before you settle your case with an insurance adjuster!

Knee injuries and Cartilage damage from Tennessee Auto Accidents may be repaired.

Phillip@SeriousInjury.com (Blog Author)25839 — Thu, 28 Jan 2010 08:00:00 EST

Knee injuries from car accidents in Tennessee, or from Tennessee Worker's Compensation cases are common. In fact there are as many as 900,000 knee injuries with cartilage damage each year, with as many as 200,000 of those injuries requiring some sort of surgery.

Current techniques to repair cartilage damage include "microfracture", autologous chondrocyte implantation, and osteochondral grafts.

If you or anyone you know has been injured in a Tennessee worker's comp accident or Tennessee Auto Accident, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

At the very least, before you settle your Tennessee auto accident case or Tennessee worker's compensation case with the adjuster, order one of our consumer guides to personal injury, they're free!

Tennessee Workers Comp Attorney Comments on Fork Lift Operator Back Injuries

Phillip@SeriousInjury.com (Blog Author)25725 — Tue, 26 Jan 2010 08:00:00 EST

Tennessee workers comp claims due to back injuries are common, although many people assume that such injuries come from falls or other accidents. Tennessee workers comp back injuries can be caused by everyday exposure to "whole body vibration".

Fork lift operators (among others) will experience whole body vibration from "dock shock" normal operations. Dock shock occurs when the fork lift is driven across bumps and there is a transfer of forces that jar the operator and the spine. During a normal shift a Tennessee worker who operates a forklift may be exposed to "dock shock" dozens of times and have a Tennessee workers' compensation claim.

If you or anyone you know has been killed or suffered a personal injury in a Tennessee worker's comp accident, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving work related injury in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved. Contact us before you settle your case with an insurance adjuster!

Tennessee Motorcycle Accidents - Why a non-DOT helmet?

Phillip@SeriousInjury.com (Blog Author)25226 — Mon, 18 Jan 2010 08:00:00 EST

Tennessee motorcycle accidents almost always result in some personal injury, but most of the time what we we see from our motorcycle personal injury clients is not head injuries but more often broken bones (legs, arms, hips, shoulders). The data on motorcycle helmet use is pretty good.

In rural areas 75% of the riders wear helmets, but in urban areas the numbers dropped 15% in 2009 to 57%. I can understand how that happens, but it's still crazzy! Just as crazy? Almost 10% of riders wear non DOT approved helmets. Yeah I know they think they look cool - or have some other goofy excuse but...

If you or anyone you know has been injured or killed in a Tennessee motorcycle accident, please contact Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving motorcycle accidents, personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

Tennessee Workers Comp Knee Injury and Knee Replacement

Phillip@SeriousInjury.com (Blog Author)25014 — Thu, 14 Jan 2010 08:00:00 EST

Tennessee Workers' Compensation provides benefits for permanent injuries that occur on the job, even if you are able to return to work. A knee injury that occurs on the job may put you off work for several weeks and during that time you would be entitled to collect Tennessee Temporary Total Disability benefits (TTD's).

The real issue in a Tennessee Workers' compensation case involving a knee is whether surgery is required and the kind of recovery the worker has afterwards. It can be really good, and it can be pretty bad. If you have a knee injury that causes a permanent impairment, you may be entitled to a financial recovery.

If you or anyone you know has been killed or suffered a personal injury in Tennessee, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here. No matter what you do, before you settle your case with an insurance adjuster, read our materials on dealing with insurance adjusters first!

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved. Contact us before you settle your case with an insurance adjuster!

Tennessee Car Accidents Caused by Drunk Drivers Too Often

Phillip@SeriousInjury.com (Blog Author)24951 — Tue, 12 Jan 2010 08:00:00 EST

Tennessee auto accidents are caused by "casual" or "social" drinkers, as well as drivers who drink and drive all the time. Those who drink and drive regularly and cause a Tennessee car accident, may spend some time in jail, and then the driver is back on the road. Not a good situation.

The alternative? Let us sue the drunk driver who cause your car accident in Nashville or anywhere in Tennessee. A lawsuit can take away the means of a drunk driver to ever afford a car, and convince those around him/her that loaning a car will be bad news for them if a Tennessee car accident occurs.

If you or anyone you know has been killed or suffered a personal injury in Nashville, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here. No matter what you do, before you settle your case with an insurance adjuster, read our materials on dealing with insurance adjusters first!

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved. Contact us before you settle your case with an insurance adjuster!

Injured while Driving for Your Employer?

andrea@seriousinjury.com (Blog Author)24803 — Sun, 10 Jan 2010 08:00:00 EST

Do you drive for a living as an OTR trucker or a traveling sales person. What if you're using the company car to run an errand for your employer and someone else causes a wreck? Do you have a workers' compensation claim or a personal injury claim against the other driver? In Tennessee, you have both. If you were working in the course and scope of your employment at the time of the collision, you are entitled to claim workers' compensation benefits. However, you also entitled to pursue a claim against the person that was responsible for the wreck.
This can be a complicated process that involves different procedural rules and time restrictions. For instance, if you pursue work comp benefits and a recovery from the person responsible for the wreck, you may have to reimburse the work comp company. There are also filing restrictions for a Tennessee Workers' Compensation Claim and a 1 year statute of limitations on a personal injury claim. Don't miss out on all that you're entitled to receive because you weren't aware of your rights.
If you have been hurt while driving for your employer, contact us now. We will advise you about the correct course of action to take and to what benefits you are entitled.

Neck and Back Pain Most Common Complaints after Car accidents in Tennessee

Phillip@SeriousInjury.com (Blog Author)24683 — Thu, 07 Jan 2010 08:00:00 EST

When most car crashes or auto accidents happen, in Tennessee or elsewhere, the people involved are able to avoid terrible traumatic injury. It is the rare case where people are taken from a scene by life flight with life threatening injuries. Unfortunately the forces of impact from many crashes are large enough to cause damage to the soft tissues of the neck and back.

Although the victim may not feel much for the first few hours, the most common complaint is that the victim wakes up in the middle of the night with extreme pain or has difficulty getting out of bed the next morning due to neck pain or back pain from their auto accident the day before. Neck and back injuries from auto accidents in Tennessee often require treatment that may take several months before the victim is back to normal.

If you or anyone you know has suffered a personal injury in Tennessee including a neck injury or back injury, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here. No matter what you do, before you settle your case with an insurance adjuster, read our materials on dealing with insurance adjusters first!

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved. Contact us before you settle your case with an insurance adjuster!

Tennessee Workers Compensation Covers Rotator Cuff Tears

Phillip@SeriousInjury.com (Blog Author)24621 — Wed, 06 Jan 2010 08:00:00 EST

Tennessee workers compensation covers on the job injuries, all kinds. For Tennessee workers who frequently have to use their upper bodies, a rotator cuff tear can occur and take them off the job.

The symptoms of rotator cuff injury include weakness in the arm that is involved, pain, and restriction in movement. The first impression you might have is that you "pulled something" and while that is possible if you symptoms don't go away in a short period of time, you need to see a doctor. Rotator cuff tears can start small, and over time become worse requiring surgery and affecting your ability to work. If your doctor says that you have a permanent impairment, you may have a valid Tennessee workers' compensation case.

Tennessee workers' compensation claims require that notice be given to the employer, so when you are working and start experiencing symptoms make sure you report those symptoms to your employer.

If you or anyone you know has suffered a Tennessee worker's comp injury, please contact Nashville injury attorney Phillip Miller and the Tennessee workers compensation attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

Tennessee Motorcycle Accidents made worse by laying it down?

Phillip@SeriousInjury.com (Blog Author)24411 — Sun, 03 Jan 2010 08:00:00 EST

Tennessee motorcycle accidents are most often the fault of auto drivers who don't look for or see motorcyclists. Sometimes however motorcycle drivers in Tennessee will lay their motorcycle down to avoid an impact. Not the best idea as it turns out. You can drop speed much more quickly by staying upright and braking, and being thrown over a car is arguably better than being on a bike that is on its side and hits a car at speed.

If you or anyone you know has been injured or killed in a Nashville or Tennessee motorcycle accident, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt in a Nashville or Tennessee motorcycle accident and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

Auto accidents in Tennessee caused by bad braking?

Phillip@SeriousInjury.com (Blog Author)24410 — Sun, 03 Jan 2010 08:00:00 EST

Tennessee auto accidents may be avoided if the car has ABS brakes. ABS brakes were designed to prevent cars from having their brakes lock up and losing steering ability. The key? When slowing or stopping apply firm, steady pressure to the brakes. Do not pump them as you might have with an older braking system. Second, steer away or around any obstacles. With some luck, your ABS brakes may help you avoid being in a Tennessee auto accident.

If you or anyone you know has been injured or killed in a Nashville or Tennessee car accident, please contact Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving auto accidents in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved. tacles.

Lost your job in Tennessee after having a workers' comp case?

andrea@seriousinjury.com (Blog Author)24075 — Mon, 28 Dec 2009 08:00:00 EST

Tennessee workers who have had workers compensation claims may also face a company closing or lay-off can be particularly devastating. Although employees may receive some money by pursuing unemployment benefits, another option may be available. Any worker who has had a prior Tennessee workers' compensation claim that resulted in a permanent impairment may be able to reopen the claim and get more money. This will be determined by the terms of your former settlement. In Tennessee, if you have a workers' compensation claim but are able to return to work with the same employer, the amount of money you receive is often capped. But, if you later lose that job through no fault of your own, it may be possible to reopen your case and receive additional Tennessee workers' compensation benefits (aka "reconsideration"). If you voluntarily resign, were fired for employee misconduct, or you retired (for reasons unrelated to your workers' compensation injury), you may not be eligible for reconsideration.

If you or anyone you know has been killed or suffered a work related/worker's comp accident, in Tennessee please contact Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don't delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it's bad enough that you need to read this far into a website blog, it's bad enough to get an attorney involved.

Injured During Lunch Hour or on Break?

andrea@seriousinjury.com (Blog Author)23833 — Tue, 22 Dec 2009 08:00:00 EST

There are a lot of strong opinions about whether someone should be entitled to receive benefits if they are injured while on their lunch break. A Maryland Court will be deciding that very issue. In a recent case, a woman was injured while trying to retrieve a shampoo bottle from her car during her lunch break. The Maryland Workers' Compensation Commission found that her injuries arose "out of and in the course of employment" and awarded workers' compensation benefits. The County wants the money returned.

How would that case be decided in Tennessee? In Tennessee, a worker on the employer's premises coming to/going from the work place is acting in the course of employment. If the employer provides a parking area for its employees, that area is part of the employer's premises. However, as a general rule, an injury that occurs while an employee is en route to/from work is not compensable.

If an employee is injured on the employer's premises during a break provided by the employer, the injury is generally compensable. Moreover, even if the employee was injured at a place away from the employer's premises, if the location was selected for the convenience of the employer and if the activities were furthering/facilitating his employer's business, the employee should be entitled to workers' compensation benefits.

During this time of year, when company parties and luncheons to celebrate the holiday season are the norm, have fun yet be careful as you celebrate with your co-workers!

Concussions from car wrecks can cause brain injury

Phillip@SeriousInjury.com (Blog Author)23773 — Mon, 21 Dec 2009 08:00:00 EST

Concussions from car or motorcycle accidents can result in long term problems - but often they are given little consideration unless the symptoms and diagnostic testing are dramatic. Recently the NFL finally admitted that its players who had repeated concussions may be at risk for long-term problems. This occurred after years of players "shaking it off" and continuing to play after receiving a "mild" concussion. Unfortunately, non-football players have done the same things for years. Concussion signs include headache, drowsiness, loss of memory for the trauma that caused the concussion, vomiting, confusion, unusual eye movement, and muscle weakness. When in an auto, car, or motorcycle accident reporting these symptoms is critical for your doctor to provide you appropriate medical care. For more information about concussions, click here.

If you or anyone you know has been injured or killed in a Nashville car or motorcycle accident, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don’t delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it’s bad enough that you need to read this far into a website blog, it’s bad enough to get an attorney involved.

Harley Recalls Over 100,000 bikes

Phillip@SeriousInjury.com (Blog Author)23311 — Sun, 13 Dec 2009 08:00:00 EST

The Milwaukee Business Journal (12/10) has reported, "Harley-Davidson Inc. is recalling 111,569 motorcycles manufactured from June 6, 2008, through Nov. 19, 2009, because of a threat of gasoline leaking in the event of a frontal collision. The recall affects some 2009 and 2010 touring bikes, including CVO Touring and Trike products, according to information from the National Highway Traffic Safety Administration." NHTSA's studies of front-end collisions with motorcycles have shown that in a front end collision, the forces from impact can cause the mounts for the motorcycle's fuel tank to distort. When this happends there is the risk for a leak and a fire after the wreck occurs.

Tennessee Auto accidents from driving under the influence decrease

Phillip@SeriousInjury.com (Blog Author)23306 — Sun, 13 Dec 2009 08:00:00 EST

Tennessee auto accidents and auto accident fatalities are often the result of drunk driving. The good news is that according to government data, alcohol impaired driving fatalities have gone down in 40 states from 2007-2008. In Tennessee, there was a reduction in deaths from alcohol related Tennessee auto accidents from 377 deaths in 2007 to 327 in 2008. For more details about this data, click here.

If you or anyone you know has been injured or killed in a Nashville car accident, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

Prior Work Comp Settlement...Do you have a right to reconsideration?

andrea@seriousinjury.com (Blog Author)23024 — Mon, 07 Dec 2009 08:00:00 EST

If you have settled your prior workers' compensation case, you may have a right to reopen your case for more benefits.
If you were injured before July 1, 2004 and you lose your pre-injury job within 400 weeks of the da y that you returned to work, you may apply to enlarge your workers' compensation award to a maximum of 6 times your impairment rating. For example, if you received a 10% impairment from your doctor and you settled your work comp case for 25% (2.5x 10%) because you were able to return to work, if you lose your job within 400 weeks of returning to work, you can petition the Court for reconsideration of your work comp award up to 60% (6x 10%). The additional amount that you may be entitled to is dictated by your vocational disability, age, education, job skills, etc. For those injured after July 1, 2004, different rules may apply. Involuntary termination is not a pre-requisite to eligibility for such reconsideration but, if you have resigned, the Court may increase your award only if your resignation was reasonably related to the injury.
Employees of GM may be entitled to a reconsideration of their claim because of the way that GM has been restructured since filing bankruptcy. GM employees with former work comp claims should contact our office immediately to determine if you have a right to reconsideration. Failure to do so could prejudice your rights.
If you are fired for misconduct or you retire, you are generally not eligible for reconsideration.
It is important to note that a petition for reconsideration must be made within one year of the date that you lose your job or you will be barred from pursing a claim for reconsideration.
If you have lost your job after receiving a prior work comp settlement, call us to determine if you are entitled to any additional benefits.

Tennessee Motorcycle Accidents - Helmets Cannot Prevent All Brain Injuries

Phillip@SeriousInjury.com (Blog Author)22973 — Sun, 06 Dec 2009 08:00:00 EST

Tennessee motorcycle law requires that riders wear helmets to protect them from the serious injuries that can occur in a motorcycle accident in Tennessee . Every rider should wear a motorcycle helmet, but no helmet can completely protect you from serious injury if you are in a motorcycle wreck.

I recently worked on a case involving a motorcycle rider who was in a crash, but he didn't break any major bones. There was no injury to his skull or brain. His helmet was scuffed but intact. He was walking around at the scene at first, then he lost consciousness. He ended up with a serious, disabling brain injury.

What happened? He had trauma to the chest that caused one lung to completely collapse and the other to partially collapse. He had a hard time breathing and his brain became starved for oxygen, and it was starved long enough for some of the brain tissue to die.

The effects of a brain injury can be overwhelming on anyone, and it affects the family as well. The moral to the story - wear a helmet, but ride safe - no helmet can give you complete protection from a catastrophic, disabling brain injury.

If you or anyone you know has been injured or killed in a Tennessee motorcycle accident, please contact Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don’t delay. Cases involving personal injury or death from a motorcycle accident in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it’s bad enough that you need to read this far into a website blog, it’s bad enough to get an attorney involved.

Does having a Tennessee car wreck affect your insurance rates?

Phillip@SeriousInjury.com (Blog Author)22910 — Fri, 04 Dec 2009 08:00:00 EST

When you are involved in an Tennessee automobile wreck, it isn't long before you begin to wonder "How much is my insurance going to go up now?" In reality, your insurance may not go up at all. It depends.

Tennessee automobile insurance rates may increase if one or more factors apply. As an example, how serious was this wreck? Have you had other wrecks? Were you at fault for this wreck? If the answer to those 3 questions is "yes", your insurance is going up. if the answer is "no" to all of them and your rates go up anyway, it's time to talk to someone at your insurance company and ask why. If you don't like their answer (and you may not), then shop around for another insurance company.

If you or anyone you know has been injured or killed in a Nashville or Tennessee car accident, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

Deer in the Headlights

Phillip@SeriousInjury.com (Blog Author)22675 — Tue, 01 Dec 2009 08:00:00 EST

As most people know, deer are NOT an endangered species, with current estimates at approximately 27 million in the U.S.A. Tennessee is estimated to have more than 1 million deer, and it is not uncommon to see them on roads in Nashville and other cities. Nationwide there are 500,000 deer/vehicle collisions annually, causing more than 100 fatalities and tens of thousands of injuries. The key to surviving? Don't swerve. Hold onto the steering wheel, brake firmly, and come to a controlled stop. For more information about deer collisions, click here. Although a deer collision may not be the basis for a lawsuit, it can cause serious injury.

Dirty Tricks by Insurance Companies

Phillip@SeriousInjury.com (Blog Author)22633 — Mon, 30 Nov 2009 08:00:00 EST

Insurance companies, even though incredibly profitable, will go to great lengths to cut off someone's benefits. In a report by Good Morning America, Hartford Insurance Company cut off benefits to a disabled man leaving him and his family in a financial crisis. Three doctors and the social security administration said that the man was disabled, but the fact that the video showed the man was able to walk, and "eat a taco" was proof that he could work. Videos like this are used to intimidate people and are often associated with an allegation that the person really is faking. Outrageous. Take a look at the video by clicking here.

What to do if you are in an automobile accident

Phillip@SeriousInjury.com (Blog Author)22552 — Sat, 28 Nov 2009 08:00:00 EST

No matter how careful you may be as a driver, there's a pretty good chance that eventually you will be involved in an automobile accident in Nashville or wherever you live. When it happens, it will be a complete surprise, you may be shaken, or even worse injured. Not the best time to have to think through details. A check list can be helpful, just fill it out and you are done, and you can reference the checklist later when your memory fades. If you call our office (615/356-2000), we will mail you a checklist to put in your glove compartment (for free of course). You can also review our FAQ's on Tennessee auto accidents and get a good idea of the things you should be thinking about.

Yaz Lawsuits

Phillip@SeriousInjury.com (Blog Author)22497 — Thu, 26 Nov 2009 08:00:00 EST

Yaz or Yasmin birth control was marketed as a safe contraceptive with minimal side effects. Unfortunately, it hasn't turned out that way. Just like the Dalkon Shield, Silicone Breast Implants, FenPhen, and Vioxx the one thing that CAN be said is that the pharmaceutical industry managed to make alot of money with Yaz and Yasmin. We now know that for some women the side effects of taking this medication can be awful. Among the known effects reported from use of this medication are stroke, heart attack, deep vein thrombosis, gall bladder problems, and blood clots. As a result, lawsuits against Bayer (the manufacturer of Yaz and Yasmin) have been filed across the United States. Bayer has been repeatedly fined by the FDA for over-promotion of Yaz and Yasmin. If you or someone you know has used Yaz or Yasmin and have experienced these kinds of serious side effects, your time to make a claim is limited. Contact us as soon as possible.

If you or anyone you know has suffered personal injury or death, please contact Nashville injury attorney Phillip Miller and the Nashville personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

U-turns in front of Motorcycle

Phillip@SeriousInjury.com (Blog Author)22288 — Mon, 23 Nov 2009 08:00:00 EST

Most motorcycle wrecks are caused by car drivers who just aren't looking. Some maneuvers, like U turns are especially dangerous. A car making a U turn has a duty to yield the right of way to oncoming traffic, including motorcycles. In one of our recent cases, that's exactly what happened. Our client was driving down a city street when a car made a sudden U turn in front of him. The motorcycle driver had no where to go and was seriously injured. Keeping a proper lookout is the duty of every driver. Safe operation of a motorcycle isn't enough when a driver of a car just doesn't look to see what is there.

Truck Load Shifting Can be Dangerous

Phillip@SeriousInjury.com (Blog Author)22203 — Sun, 22 Nov 2009 08:00:00 EST

An overloaded tractor trailer can be difficult to handle and stop, but a truck that has a load shift can cause a driver to lose control and wreck. The general rule is that the tractor trailer driver is responsible for the load. This means that the driver is responsible for knowing the weight of the load, placement of the load, and how the load has been secured. Truck drivers and their employers are required to comply with specific safety regulations for tractor trailers that cover how the load is secured (Federal Motor Carrier Safety Regulations (FMCSR) 49 CFR 393.5 & 393.100 to 393.136 = "Protection Against Shifting and Falling Cargo”). A driver's responsibility includes checking the load as part of the pre-trip inspection, after 25 miles of travel, and then after 3 hours or 150 miles, and when the truck driver takes a break. For a review of these rules, click here.

16 Worker Deaths Each Day

Phillip@SeriousInjury.com (Blog Author)22026 — Wed, 18 Nov 2009 08:00:00 EST

Every day in the United States, 16 workers die of employer negiigence. These are not the typical cases where a worker is on the job and his negligence, or the negligence of a co-worker contributes to an injury. These are cases where the employer is negligent, including violation of safety rules that they are legally required to follow. When that happens, you would think there would be some punishment to deter the employer from such negligence in the future. There is very little. "16 Deaths Per Day" is a film, and a movement that focuses on this problem and is promoting the passage of the "Protecting America's Workers Act". Workers injured on the job in Tennessee have rights, and their families may have a Tennessee workers' compensation claim if there is a death but very little every happens to the negligent employer. It's time for a change. To sign the petition click here.

Carpal Tunnel Syndrome

andrea@seriousinjury.com (Blog Author)21974 — Tue, 17 Nov 2009 08:00:00 EST

Carpal tunnel syndrome occurs when the median nerve, which runs from the forearm into the hand, becomes pressed or squeezed at the wrist. The median nerve controls sensations to the palm side of the thumb and fingers (although not the little finger), as well as impulses to some small muscles in the hand that allow the fingers and thumb to move.

Symptoms of Carpal Tunnel usually start gradually, with frequent burning, tingling, or itching numbness in the palm of the hand and the fingers, especially the thumb and the index and middle fingers. Some carpal tunnel sufferers say their fingers feel useless and swollen, even though little or no swelling is apparent. The symptoms often first appear in one or both hands during the night, since many people sleep with flexed wrists. A person with carpal tunnel syndrome may wake up feeling the need to "shake out" the hand or wrist. As symptoms worsen, people might feel tingling during the day. Decreased grip strength may make it difficult to form a fist, grasp small objects, or perform other manual tasks. In chronic and/or untreated cases, the muscles at the base of the thumb may waste away.

Carpal Tunnel Syndrome can be caused by repetitive flexing and extending of the tendons in the hands and wrists. This is more likely to occur if the repetitive motion is done forcefully and/or for long periods without rest.

If the repetitive nature of your job has caused you to experience these types of symptoms, you may have a work-related injury and are entitled to workers' compensation benefits. Contact us, we can help.

Carbon Monoxide Poisoning

Phillip@SeriousInjury.com (Blog Author)21514 — Tue, 10 Nov 2009 08:00:00 EST

We've all heard of carbon monoxide - it's the stuff that comes out of the tailpipe of your car right? It can come from other sources too. Unvented kerosene and gas space heaters can produce dangerous amounts of carbon monoxide as can gas hot water heaters, gas stoves, generators, and any gasoline powered equipment.

What people forget is that carbon monoxide is an odorless and colorless gas. The fact that it is odorless and colorless means that it often kill its victims before they are aware it is present. When exposed to carbon monoxide at non fatal levels you may experience headaches, dizziness, disorientation, nausea and fatigue. At higher concentrations carbon monoxide can cause angina, impaired vision, and effect brain function.

When I have seen carbon monoxide cases they generally resulted from poor ventilation combined with the lack of a carbon monoxide alarm. A carbon monoxide alarm is a minor expense that can save lives and should be in every home - it's just that very few people really know about the risks. For more information about carbon monoxide posioning, click here.

Insurors Deny Worker Benefits for Work Related Injury

Phillip@SeriousInjury.com (Blog Author)21429 — Mon, 09 Nov 2009 08:00:00 EST

A nursing assistant in Pasadena California was on the job when she was twice violently attacked by a patient, being bitten as well as struck in the head and neck. She developed fatigue and a headache that persisted and after 4 days went to the hosptial's workers' comp clinic. She was turned away. That evening she suffered a massive hemorrhagic stroke and now is in a permanent vegetative state. Now the two insurance companies involved are pointing fingers at each oher and neither will do anything to help. Blue Cross says the injury is work related so they are not responsible, and the worker's compensation insurance company says it was not a work related injury. This is why people who are injured on the job need attorneys. Dealing with insurance companies can be maddening, and as this case shows - outrageously unfair. Details about this story are available by clicking here. For more information about Tennessee Worker's Compensation, go here.

Construction Site Accidents

andrea@seriousinjury.com (Blog Author)21300 — Fri, 06 Nov 2009 08:00:00 EST

An important change will effect Tennessee Workers' Compensation law on December 31, 2009. Under the new law, Public Chapter 1041 (2008), everyone in the construction industry must carry workers’ compensation coverage. This means that construction company owners (both large companies and small businesses) will be required to carry workers compensation on all subcontractors, workers, and employees who work for them. In addition, thy will be required to carry this insurance on themselves. The only exception to this rule will be for sole proprietors or partners (with no subcontractors, workers, or employees) who are being paid directly by a residential property owner (i.e individual, custom build job). This is a change from the old law that required contractors to carry work comp insurance only if they had one (1) or more employees. Gone are the days when contractors could allow subcontractors to waive their right to work comp benefits by filling out a form.

If you have been injured while working a construction job, contact us. We will help you to determine what benefits that you are entitled to.

Montana Supreme Court Ruling Affects Work Comp Benefits-What About Tennessee?

andrea@seriousinjury.com (Blog Author)21234 — Thu, 05 Nov 2009 08:00:00 EST

Yesterday, the Montana Supreme Court upheld the a state law that allows insurance companies to cut off workers' compensation payments for those suffering permanent total disability when the disabled party is eligible for Social Security retirement benefits. In Court's ruling, the Justices reasoned that workers' compensation benefits for permanently and totally disabled workers are meant to assist them for their "work life," and not into retirement.

Tennessee is similar. If you are injured on the job in Tennessee and have a permanent, total disability, you are entitled to receive benefits until your sixty-fifth (65) birthday. However, If you first become totally and permanently disabled after age 60, benefits are payable for a period of 260 weeks, regardless of age.

It is important to note that, with certain exceptions, workers' compensation benefits are reduced by the amount of Social Security (old age benefits) attributable to your employer.

Your future social security benefits can be affected by your workers' compensation benefits. This can mean a complex settlement that, if structured poorly, can affect whether (and how much) you receive from Social Security.

If you have been injured on the job and have questions about whether you workers' compensation benefits will affect your social security, call us.

Back Surgery

Phillip@SeriousInjury.com (Blog Author)21229 — Thu, 05 Nov 2009 08:00:00 EST

We have had hundreds of clients who have had back surgery, some as the result of work injuries, some from collision cases. The Most of them experienced pain and thought that surgery would take away their pain and allow them to return to normal. The words used to describe the conditions and procedures involved - laminectomy, fusion, stabilization, spondylosis, stenosis, are not "user friendly" but ultimately back surgery is about protecting the spinal cord and nerves. Pain relief is not the most important goal for a back surgeon and the amount of pain after surgery can be disappointing. The best advice - lose weight, stretch, and exercise. This sounds good but for so many people it is impossible. Don't we all need to follow this advice whether we have back problems or not? Many times, our clients fail at these reasonable but impossible to achieve goals. The result? Back pain that limits their activities and lives in ways that are hard to appreciate unless you have heard their stories. Surgery is not always the answer for back pain, and the Mayo Clinic has some good information for anyone who is thinking about this surgery (click here). For other information about back surgery and specific procedures, click here.

OSHA Violations

Phillip@SeriousInjury.com (Blog Author)21207 — Wed, 04 Nov 2009 08:00:00 EST

The head of OSHA's enforcement division has reported that among its top 10 most frequent violations are

Scaffolding - with over 9,000 violations per year
Fall Protection - with over 6700 violations per year
Hazard Communication - with over 6300 violations\
Electrical - with over 5500 violations
Machine guarding - with over 2300 violations.

These numbers vastly understate the problem. They mostly reflect when someone was needlessly injured on the job due to OSHA violations - and there was an investigation due to the severity of the injury. For most of these kinds of violations of safety rules, any work injury that results can be potentially disabling. In Tennessee, OSHA violations are investigated and enforced by the State, but there are far too few inspectors to eliminate the unnecessary risks associated with scaffolding, falls, electrical wiring, and machine guarding.

Food Safety

Phillip@SeriousInjury.com (Blog Author)21205 — Wed, 04 Nov 2009 08:00:00 EST

Farmers feed 1-2 million tons of "poultry litter" to cattle that are later slaughtered for meat. You can guess what's in poultry litter, right ? Yes, that's right. Chicken poop, feces - you get the idea. Of course along with the feces there is some straw etc. from the chickens' cages, but how cheap can you get? Regular straw is too expensive so we'll feed these meat cattle straw that chickens have pooped on? The Consumers Union and The Center for Science in the Public Interest have both asked the FDA to ban this practice. So far the FDA has left this kind of regulation up to state regulators, which means that unless you know which state your meat comes from, and how they regulate "poultry litter" being fed to cattle, you would have no way to know if poultry litter was fed to the cow that provided the meat for your hamburger. The concern for some is the fear that Mad Cow disease could become more common due to pathogens from the chicken feces being directly consumed by cows. For more information about this issue, click here.

Child pacifiers Recalled due to Choking Hazard

Phillip@SeriousInjury.com (Blog Author)20741 — Thu, 29 Oct 2009 08:00:00 EST

The Consumer Product Safety Commission has issued a recall of more than 16,000 pacifiers sold between 2007 and 2008 under the name "My Baby Soothers". These pacifiers have a plastic part that becomes loose from the base and can choke an infant or young child. Great. Who remembers the name of a pacifier they bought 2 years ago? What are the chances of these really being taken out of circulation? There are thousands of these pacifiers that will be re-used, "recycled" from an older child to a younger child and no parent will ever know about the risks or this recall. The real question is how did this get on the market to begin with? The answer: it was easy. There was no testing for safety, no one really looking over the shoulder of the manufacturer. Lawsuits against companies that put untested, unsafe products on the market are the only way to protect the public. Real government regulations, regulations with teeth, can never get through congress due to the politicking of the Chamber of Commerce and other business groups that are concerned first and foremost with profits. A baby choking to death here or there is just part of life. Injuries to children like this are avoidable. There is no excuse for this kind of thing happening. For more information about this and other recalls involving children's products, click here.

Safety Violation Fines Ineffective

Phillip@SeriousInjury.com (Blog Author)20497 — Sat, 24 Oct 2009 08:00:00 EST

Seattle - 10/22/09 - A King County Jury returned a verdict of over $12 million to cover the long term care costs of deputy sheriff who was injured while on duty at a fire station. The deputy stepped through an unmarked doorway for the station's firepole, falling 18 feet and breaking his pelvis, hips, legs, and ribs. As a deputy sheriff, the injured worker was not covered by workers compensation. The State Department of Labor's investigation of the event found a "serious safety violation" and fined the department $800.00. For more information about workers' compensation, click here and for details about the case involving this deputy sheriff, click here.

Can I sue my employer for negligence?

andrea@seriousinjury.com (Blog Author)20462 — Fri, 23 Oct 2009 08:00:00 EST

A person injured on the job in Tennessee cannot sue his or her employer for injuries caused by the negligence of the employer or the employer's negligent failure to furnish a safe workplace. Nor can an employee sue a co-worker (except for intentional wrongs like assault and battery). The worker's exclusive remedy for benefits is defined by the Tennessee Workers' Compensation Act. This means that the employee is limited to those benefits that are allowed by the statute for workers' compensation.

However, an employee can pursue a case against a third party (not the employer) for a work-related injury. So, for example, if an employee is injured due to the malfunction of a machine in a factory, the employee would not be prevented from suing the manufacturer of the machine in a products liability action (if appropriate) despite the fact that he or she is pursuing workers' compensation benefits.

If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact us at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

I have a hernia...is it covered?

andrea@seriousinjury.com (Blog Author)20086 — Thu, 15 Oct 2009 08:00:00 EST

Te nnessee law specifically addresses the issue of hernias that occur while working. If you develop a hernia while working, it will be covered if you can prove that a specific injury caused a sudden onset of pain at the site of the hernia (in other words, you knew that something just happened) and that the hernia did not exist prior to the injury on the job. If the hernia occurred gradually (over time), it will not be compensable. However, if you have a recurring hernia or you aggravate a previous work-related hernia, it may be covered. As always, you must timely report the new injury to your employer. This is especially true with a hernia as it should have appeared so soon after the injury that it would not be possible to attribute it to any other cause.
If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates span> at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Wife can sue for loss of companionship from Husband's death

Phillip@SeriousInjury.com (Blog Author)20022 — Wed, 14 Oct 2009 08:00:00 EST

When someone loses their spouse, the largest part of that loss has to do with personal loss. Much more so than money, the personal loss says something about who that person was, their real value. In wrongful death claims, state law controls what damages you can claim when your spouse is killed due to the negligence of another. For some heartless souls, this would be called "non-economic" damages and they would want to put some sort of cap or limit on it. The result is a case over the death of someone who makes alot of money but is a crappy husband and father is worth more money than the person who doesn't make alot of money but is dearly loved and valued by his/her family. How does that make sense? Forturnately, that's not the law in Tennessee, where a spouse can make a claim for "Loss of Consortium" which is the loss of love and companionship. Wrongful death cases require some specialized knowledge to ensure a just outcome for the loved ones who are lefft behind, for more information about wrongful death cases click here. For years what has been the law in Tennessee was not the law in Kentucky, depriving Kentuckians of what can only be described as fair and just results when a spouse is killed. Kentucky has now recognized this legal principle and allows a spouse in Kentucky to recover these kinds of damages. For more information about the Kentucky case, click here.

Tennessee Personal Injury Attorney Comments on John Deere Child Amputation Case

Phillip@SeriousInjury.com (Blog Author)19919 — Tue, 13 Oct 2009 08:00:00 EST

An Oregon jury has found that John Deere had no responsibility for the amputation injury of a small girl's leg when her father backed over her while on a John Deere riding mower.

The father had 5 children inside the house as he was mowing and didn't realize his small daughter had come outside. Between 250-300 children each year are maimed or killed by riding mowers.

This lawsuit argued that the riding mower was defectively designed because the blades should stop when the mower is placed in reverse - a design change that would have saved this little girl's legs and countless other injuries to children.

The jury found that the mower was not defectively designed, although it was in violation of international and industry safety standards. For more information, click here.

If you or anyone you know has been injured or killed in a Nashville Tennessee accident, please contact Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

What difference will a helmet make in a serious motorcycle accident?

Phillip@SeriousInjury.com (Blog Author)19900 — Mon, 12 Oct 2009 08:00:00 EST

It's hard to beat the feeling of the wind in your face, at least if there aren't any bugs :) and helmets cut you off from that experience to some extent. But given everything we know - that's not enough reason to go without a helmet. There is a wealth of folklore about the disadvantages of helmets including that a helmet will contribute to breaking your neck (not true - those with helmets have fewer neck injuries), or that helmets cut off your ability to hear/see and avoid accidents (not true - those with helmets crash less frequently, perhaps because their eyes are more protected and they don't experience hearing fatigue in the same way). We like the idea of riding without a helmet. It's just that it doesn't make sense. For more info about helmet safety, click here.

Teen Driving Safest when Parent Provide Clear Rules and Monitoring

Phillip@SeriousInjury.com (Blog Author)19845 — Mon, 12 Oct 2009 08:00:00 EST

Parents can have a major role in whether or not their teens are at risk for being in a car crash. Research has shown then when parents have rules about the use of a car, teens are less likely to be involved in risky driving behaviors. The simplest rules? Here are a few:

Always wear a seat belt, no matter what seat you are in or how many people are in the car.
Don't use your cell phone while driving. This means you do not answer the cellphone, do not make a call on the cellphone, and do not text while you are driving.
Do not use alcohol and drive, do not get into a car where the driver has been drinking, and get out of the car if someone has been drinking. We will come and get you and be proud that you were so strong.

Authoritative parents were much more likely to have teen drivers who avoided risky driving then parents who were not authoritative. Another finding? Teens who shared a vehicle were less likely to engage in risky behavior than those that has their own car. As attorneys who represent teens, and the victims of teen drivers, we know that these simple rules can make a difference. For more information from this study and its recommendations, click here.

Anti-lock brakes for Motorcycles Required?

Phillip@SeriousInjury.com (Blog Author)19623 — Tue, 06 Oct 2009 08:00:00 EST

Anti-lock brakes are sometimes dissed by riders who claim that a skilled rider can stop his/her bike faster with conventional brakes than with an anti-lock system. An Insurance Institute for Highway Safety Study reported a 28% lower rate of fatalities in bikes equipped with ABS. That's pretty hard to dispute, and it's one of the reasons that the Federal Highway Safety Administration may someday require ABS on all bikes. Click here for more information.

Truck Driver Responsible for Waving Car into Path of Motorcycle

Phillip@SeriousInjury.com (Blog Author)19185 — Tue, 29 Sep 2009 08:00:00 EST

If you are going to wave another motorist into an intersection, you need to be responsible about it. In a recent case, a truck driver who wanted to make a right turn was partially blocked by a car trying to make a left. The truck was blocking the car's view of traffic in an adjacent lane, so the car couldn't turn. The truck driver waived the car clear, even though there was a motorcycle rider on his left about to enter the intersection. Any collision between a car and a motorcycle is likely to cause serious injuries and this was no exception. The 38 year old motorcycle rider sustained a fractured hip requiring a hip replacement and had over $300,000 in medical expenses. A jury returned a verdict for $2.5 million.

I hope the injured plaintiff was able to collect every penny. These are serious injuries that are likely to cause problems for the rest of her life - and potentially get worse with age.

This case was made difficult by finger pointing between the car's owner and the trucking company. The trucker's employer went further, claiming that it did not own the tractor-trailer and that the driver of the turning car was 100% at fault. Ultimately, the jury didn't buy it.

Uninsured Drivers have Their Own Stories

Phillip@SeriousInjury.com (Blog Author)18924 — Fri, 25 Sep 2009 08:00:00 EST

I was recently contacted by a consumer who had seen my profile on AVVO. It was not a case we would take - no one was injured and the young woman who contacted me was the person who caused the wreck. She was concerned because 4 months after the wreck she was contacted by Allstate Insurance wanting her to pay for more than $3,000 in property damage to another vehicle. Although she was at fault - there was no way she could pay for the damages - she was one of the thousands of uninsured drivers on Tennessee roads. She and her boyfriend were having a hard time paying their rent and utilities during the winter and spring of 2009, so car insurance was dropped. When this wreck happened her car was totaled and the only transportation they had for work for the next 6 weeks was a bicycle. Unless you are terribly pressed financially, uninsured motorist coverage is critical protection for you and your family.

Consumers should be careful when using Tylenol with children

Phillip@SeriousInjury.com (Blog Author)18737 — Mon, 21 Sep 2009 08:00:00 EST

Acetominophen (sold as a generic) or Tylenol by the popular brand name, is one of the most popular over-the-counter drugs used to treat fever and pain. What most consumers don't know is that it is also the most common drugs associated with toxic overdose. The most serious potential problem is liver damage, although it is rare. Generally symptoms like nausea, vomiting, and abdominal pain will occur within 24-48 hours. The toxic doses for children are much lower than adults, so even though "tylenol" may seem harmless, keep it out of the reach of children - or anyone who may not read the instructions.

Do I need a lawyer to handle my work comp case?

andrea@seriousinjury.com (Blog Author)18713 — Mon, 21 Sep 2009 08:00:00 EST

Workers' compensation cases can be tricky. Even though you think that you are receiving all of the benefits that you are entitled to, you may not be. Moreover, if your case is not settled in a way that provides for your permanent impairment and secures your future right to benefits, you can save money now but lose in the long-run. Hiring an experienced attorney is crucial if: (1) your employer denies that you were injured on the job; (2) the workers' compensation carrier has denied benefits; (3) you cannot get medical treatment; (4) you are not getting paid; (5) the adjustor promises benefits or medical treatment which you never receive; (6) an attorney for your employer or insurance company contacts you and wants to take a statement or deposition; or (7) after starting to handle your own case, you begin dealing with an adjuster or employer who is difficult and is trying to take advantage of your lack of legal expertise.

If you have been injured on the job and have questions about what workers' compensation benefits you are entitled to, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Naked Biker on Interstate Arrested

John@SeriousInjury.com (Blog Author)18476 — Thu, 17 Sep 2009 08:00:00 EST

How Does A Biker Lose His Clothes At Hooter's?

Authorities in central Florida say they caught a biker hitting the open road in just his bi rthday suit. Capt. Mike Rolls of the Marion County Sheriff's Office was driving along Highway 200 in Ocala, Fla., on Tuesday morning when he noticed 45-year-old Dante Kraus riding his motorcycle and did a double-take."I asked him what happened to his clothing and he said he lost them," said Capt. Mike Rolls. "You could see from his feet, which were bare, all the way up to his shoulders that he didn't have any clothing on."Rolls said Kraus didn't appear to be concerned, even after the patrol car pulled alongside him. Instead, he got on an interstate highway, exited one exit later and then ran a red light, Rolls said. Rolls said the man told him he had just come from a Hooters restaurant when he was stopped.Kraus was given sobriety tests, which authorities said he failed, and deputies found him clothing and took him to the Marion County Jail.

It must be that this biker was feeling sorry for some scantily clad waitress and loan her his clothing and simply forgot to get them back.....or something. Ride safe.

Do I have a work comp claim if I am injured while going to or coming from work?

andrea@seriousinjury.com (Blog Author)18332 — Mon, 14 Sep 2009 08:00:00 EST

Maybe. If you are injured while on the employer's premises coming to or going from your actual place of work, the law says that you are acting in the course of your employment and may be covered. So, for example, if you are injured in the parking lot of your workplace while passing to or from your job, you may be covered.
In addition, if your employer furnishes your transportation as part of your employment and you are injured on the way to or from work, the injury may be covered. Therefore, you may be covered if you are injured during the following times:
(1) the time spent going and coming onto the premises;
(2) the short interval of time before working hours while waiting to begin or making preparations and a short interval of time after work;
(3) during regular unpaid rest periods (breaks) taken on the premises; and
(4) unpaid lunch hours on the employer's premises
Also, if you are injured while on a special errand or assignment for your employer, even off of the employer's premises, you may still be covered. Moreover, if you travel as part of your job description and are injured while on the employer's business (i.e. traveling salesperson), you may also be entitled to workers' compensation benefits.
If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Does workers' compensation cover only sudden or accidental injuries?

andrea@seriousinjury.com (Blog Author)18183 — Thu, 10 Sep 2009 08:00:00 EST

No. If your condition develops gradually over time (i.e. carpal tunnel or back problems), but is a definite, work-related injury or illness, it may be compensable. Your injury does not have to be caused by a sudden accident to be covered by workers' compensation. A lot of injuries are caused by repetitive use or exposure over a long period of time. You may also be entitled to workers' compensation benefits if you are suffering from an illness or disease that is the gradual result of work conditions (i.e. heart conditions, lung disease, and stress-related digestive problems). For an injury to be compensable, it must be causally related to a risk associated with that type of employment (i.e. typing can cause carpal tunnel, etc.). If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Fatal motorcycle accident in Paris, Tennessee

John@SeriousInjury.com (Blog Author)18138 — Thu, 10 Sep 2009 08:00:00 EST

September 6, 2009

Richard S. Dunlap, 47, of Paris was driving a motorcycle northbound on the Tenn. 218 Bypass when he lost control, the Highway Patrol report said.

The motorcycle went off the right side of the highway and overturned.

Dunlap was wearing a helmet, the report said.

The accident was reported shortly after midnight about one mile east of Paris.

9/11 is still a Time to remember

Phillip@SeriousInjury.com (Blog Author)18115 — Wed, 09 Sep 2009 08:00:00 EST

I I was in New York City on 9/11/2001 working on a case. After the towers came down, it was a week before I could get off the island and home. It was an interesting, scary time but the people of New York City never lost their focus or sense of humanity. It was a privilege to have been there with them.

Recently (May 2009) I was working on another case in Manhattan and stayed at the Hilton directly across the street from the site of the former World Trade Center. I took this photo to show the construction that is going on. It doesn't look like much but it is an incredibly complex project with work going on at multiple levels.

Fosamax Jury Stalled

Phillip@SeriousInjury.com (Blog Author)18104 — Wed, 09 Sep 2009 08:00:00 EST

The first Fosamax trial has been completed in Federal Court in Manhattan, but the Jurors are having difficulty coming to a unanimous verdict. The trial began in mid August and proof was concluded September 2, 2009. By September 8, the eight person jury had deliberated 9 hours before telling the Judge they were not able to come to a unanimous opinion. The Judge instructed them to continue to deliberate, but no verdict has been reached as yet. The requirement of a unanimous jury is antequated and needs to be done away with in civil cases. The fact that 1 or 2 people cannot agree with the majority should not cause the retrial of a case - and it does. It may in this case. People are entitled to have their own opinions, but in their role as jurors they are asked and expected to consider the opinions of others and to not arbitrarily hold onto an opinion. When someone like that gets on a jury, they can make life miserable for those jurors trying to do the right thing. Let's hope the jurors in this case are able to listen to one another, fairly evaluate the evidence, and return a just verdict. For more information about this jury's deliberation, click here.

Do you have to return to work if you have been hurt on the job?

andrea@seriousinjury.com (Blog Author)17860 — Wed, 02 Sep 2009 08:00:00 EST

If you have been hurt on the job, do you have an obligation to return to work? It depends. Benefits for temporary total disability (TTDs) are payable until you are able to return to work or, if you do not return to work, until you have reached maximum medical improvement (recovery). At that time, your benefits will terminate. Therefore, if your doctor (1) does not take you off from work, or (2) releases you to return to work, you must return to work if your employer has offered a job for you that does not violate your medical restrictions. If you choose not to return to work despite the fact that your employer has offered to work within your restrictions, the workers' compensation carrier has no obligation to pay any additional TTDs. So, what should you do? Make sure that you clearly communicate with your doctor about your symptoms and pain so that they can make an informed decision about when to release you to return to work and what restrictions you may need. If your doctor gives you restrictions that your employer cannot accommodate resulting in your inability to return to work or a decrease in the amount of money that you make when you return, then you may be entitled to further benefits.
If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Biker hits bear in Blount County accident

John@SeriousInjury.com (Blog Author)17785 — Tue, 01 Sep 2009 08:00:00 EST

Motorcycle vs. bear in Blount County crash

8/31/09

This is one bear of an accident, and what a story. This biker better keep some record of this story or no one will believe him.

A motorcyclist struck a bear on Highway 321 Monday afternoon between Walland and Townsend according to Blount County dispatchers. Dispatchers reported the bear had wandered off from the scene of the crash. Tennessee Highway Patrol dispatchers said the motorcyclist was not hurt. The collision happened in the Hatcher's Cut area, an area along the Little River between Townsend and Walland. In addition to BCSO and THP officers, officials from the Tennessee Wildlife Resources Agency were also responding. For more information, click here.

Ride safe - Logan Logan

Tennessee Highway Patrol plans checkpoints to curb DUI on Labor Day weekend

John@SeriousInjury.com (Blog Author)17784 — Tue, 01 Sep 2009 08:00:00 EST

NASHVILLE -- The Tennessee Highway Patrol -- out to reduce the number of traffic wrecks, injuries and deaths -- plans a series of sobriety and driver's license checkpoints across the state during the Labor Day holiday weekend starting Friday.

Troopers and local law enforcement officers are targeting drunk and impaired driving, aggressive driving and safety belt violations. Of the 12 people who died on Tennessee streets and highways during the 2008 Labor Day weekend, seven were occupants of passenger vehicles and six of the seven were not wearing safety restraints at the time of the crashes. The other five fatalities were riding motorcycles!!!!

Lets be careful out there gang and as always - Ride safe.

Loco Logan

Railroad Crossing Accidents

Phillip@SeriousInjury.com (Blog Author)17332 — Sun, 23 Aug 2009 08:00:00 EST

Railroad crossing accidents almost always result in catastrophic injury. Even at low speed, the damage that a train can do to a car and its occupants is incredible. On Saturday night August 22, 2009 a young high school student, Matthew Hodge was seriously injured by a CSX train at a crossing at Wilson Pike and Trinity Road in Franklin. For more information, click here.

Teens Need Graduated Driver Licensing Laws

Phillip@SeriousInjury.com (Blog Author)17238 — Thu, 20 Aug 2009 08:00:00 EST

The National Safety Council reports (and has reported for years) that the leading cause of death for 15- to 20-year-olds is motor vehicle crashes. More than 5,000 teens are killed in motor vehicle crashes annually. This age group also is the largest age group to not wear seat belts - and also most likely to be texting while driving and engaging in other high risk behavior behind the wheel.

To help prevent teen driving deaths, the National Safety Council announced its support for the Safe Teen and Novice Driver Uniform Protection (STANDUP) Act. If passed, the legislation would "provide driver safety grants to states with graduated driver licensing laws that meet certain minimum requirements." This is a good thing. I know we all have a lot to do, but a call to your members of Congress about this could eventually save lives. Even if you don't have a teenager, you have to be on the same roads that they are on.

Sturgis motorcycle rally

John@SeriousInjury.com (Blog Author)17070 — Tue, 18 Aug 2009 08:00:00 EST

STURGIS South — This year’s Sturgis South All-Bike Motorcycle Rally made it worthwhile for anyone to attend with a wide cross-section of riders and activities, including:

• Riders from at least 13 states attended including Mississippi, Louisiana, Tennessee, Alabama, Arkansas, Pennsylvania, Virginia, Georgia, North Carolina, Texas, Kentucky, Florida and California.

• New attractions included helicopter rides, bull rides, and a bungee trampoline game.

• Food vendors provided bikers everything imaginable from chicken tenders, to snow cones, shrimp po-boys and frozen daiquiris.

Man succumbs to motorcycle crash injuries

John@SeriousInjury.com (Blog Author)17068 — Tue, 18 Aug 2009 08:00:00 EST

KNOXVILLE - A crash last week involving a motorcycle and a Smart Car has claimed a second life.

Bradley Sheridan, 43, of Knoxville, died today at the University of Tennessee Medical Center, according to a spokeswoman.

Sheridan was the operator of a motorcycle that struck a Smart Car about 6:12 p.m. Aug. 13 on Central Avenue Pike near Merchants Drive. His passenger, Colleen Freeman, 49, of Rutledge was pronounced dead shortly after the crash.

Both Sheridan and Freeman were thrown from the bike upon impact. The driver of a northbound Jeep Cherokee was unable to stop and ran over them. The driver and a passenger in the Jeep were not injured.

The crash occurred when the driver of a northbound Smart Car, Larry Keith, 49, of Maryville, made a left turn in front of a southbound Harley-Davidson motorcycle and the bike struck the car's right side, authorities said. Keith sustained minor injuries.

Knoxville Police Department spokesman Darrell DeBusk said today the crash was still under investigation and he was unaware of any charges filed.

How much car insurance is enough?

Phillip@SeriousInjury.com (Blog Author)16751 — Tue, 11 Aug 2009 08:00:00 EST

You should carry as much insurance as you can afford. If you are in a serious wreck and cannot work for a year, how much will you need? What if you cannot go back to work? What if you are at fault and the shoe is on the other foot? What could you lose if you had no insurance? For most people our firm recommends a minimum of $100,000 per person, $300,000 per vehicle (this is the same limit recommended by edmunds.com and others who have looked at the "minimum" needed by most people). This means that the most someone could recover from your insurance (if you were at fault) is $100,000, and if you were injured by an uninsured driver or underinsured driver, the most you could recover would be $100,000. That's a lot of money, but it won't last long, it may not even cover all the medical bills. So, in addition to getting the most car insurance you can afford (generally $250,000/person, $500,000/vehicle) we also recommend that people talk to their insurance agent about getting an umbrella for $1,000,000 or more. You can use a financial worth calculator to see how much you really have to lose (and how much insurance you might need). You may be worth more than you think.

Orthopedic Surgeons Offer Back to School Tips for Parents and KIds

Phillip@SeriousInjury.com (Blog Author)16718 — Mon, 10 Aug 2009 08:00:00 EST

The American Academy of Orthopaedic Surgeons is offering tips to help keep children safe, many of which deal with backpacks. Backpacks can carry more weight than is safe for many kids, and without adequate padding can cause bruising. Second, school sports can be a source of injury when children are not aware of the signs of injury and don't know what to do when they experience an injury.

Insurance Companies Unscrupulously Deny and Delay Legitimate Claims

Phillip@SeriousInjury.com (Blog Author)16570 — Fri, 07 Aug 2009 08:00:00 EST

A study released by the American Association for Justice finds reports that insurance companies, despite being hugely profitable, had adopted policies of denying, delaying, and then defending claims that are entirely legitimate. CNN's Anderson Cooper featured this problem in a report titled "Keeping them Honest-Insurance Battle". The bottom line, despite huge profits insurance companies have adopted policies to deny and delay payments on legitimate claims to increase profits even further. They will go so far as to defend claims, requiring consumers to go to trial on legitimate cases that could and should be settled. We have been telling our clients this for years. It's good for CNN and others to publish the truth about insurance companies. Knowledge is power. You may not be able to safely deal with an insurance adjuster if you are an accident victim, but you can understand what is going on and get some professional help to level the playing field.

Insurance

Phillip@SeriousInjury.com (Blog Author)16569 — Fri, 07 Aug 2009 08:00:00 EST

Road Rage

Phillip@SeriousInjury.com (Blog Author)16538 — Thu, 06 Aug 2009 08:00:00 EST

We have all seen examples of aggressive, reckless driving. Why does it happen? More often that not the person behind the wheel has "issues", sometimes characterized as "road rage", sometime alcohol, sometimes plain stupidity. These are dangerous people to be on the road with, but who has a choice? Road rage and aggressive driving are projected to cost more than $40 billion per year in losses and damages. Speeding, tailgating, running lights, and weaving in traffic are all examples of aggressive, dangerous driving. Law enforcement programs in Pennsylvania, New Jersey, Maryland, Virginia, and Florida have resulted in more than 400,000 tickets for aggressive driving.

New Airbrake Standards for Trucks

Phillip@SeriousInjury.com (Blog Author)16533 — Thu, 06 Aug 2009 08:00:00 EST

New Federal Regulations for airbrakes on tractor trailers will bring about a 30% decrease in stopping distances. The regulations go into effect in November 2009 with compliance required by 2013. It is anticipated that this new standard will save more than 200 lives each year.

Children susceptible to post traumatic stress from pedestrian injuries

Phillip@SeriousInjury.com (Blog Author)16460 — Wed, 05 Aug 2009 08:00:00 EST

The American Academy of Pediatricians has issued a policy statement on "Pedestrian Safety" for children. While deaths hover around 900 children per year, more than 5300 children are injured to the extent that hospitalization is necessary, and up to 51000 are involved in pedestrian accidents. The American Academy of Pediatricians says "...post-traumatic stress syndrome commonly follows even minor pedestrian injury." Among other recommendations they encourage strategies to minimize the exposure of children to high speed, high volume traffic.

Bruce Rossmeyer, Harley-Davidson empire builder, dies in motorcycle crash in Wyoming

John@SeriousInjury.com (Blog Author)16231 — Sun, 02 Aug 2009 08:00:00 EST

Bruce Rossmeyer, who claimed to be the world's larger Harley Davidson dealer was killed on his motorcycle while on his way to the rally in Sturgis. Rossmeyer owned 15 dealerships across the country and had made his face and name synonymous with Harleys on TV commercials and billboards.

Rossmeyer was riding in Wyoming on Thursday, among a group of friends when he was killed. He was headed east on Hwy 28 in Sweetwater County following a pick-up that was pulling a trailer. The truck driver who was 73 slowed down and made a left turn as Rossmeyer was passing him. Rossmeyer was not wearing a helmet. For more information, click here.

Adams injured in motorcycle accident

John@SeriousInjury.com (Blog Author)16071 — Wed, 29 Jul 2009 08:00:00 EST

Ed Adams, a veteran engine builder and machinist who serves as technical inspector and is a part-time driver with the Kentucky Vintage Racing Association, was injured in a motorcycle accident Monday night.

KVRA president and founder Mark Moore said a dog ran in front of Adams' Harley-Davidson, causing him to crash.

Adams landed on his shoulder, resulting in a fractured scapula (shoulder blade). He was kept overnight at Western Baptist Hospital in Paducah for observation.

Keep it in the road. Ride safe - Loco Logan

Do Loud Pipes Save Lives?

John@SeriousInjury.com (Blog Author)15582 — Tue, 21 Jul 2009 08:00:00 EST

My pipes are loud. When I have a car about to pull right into me, I pull in the clutch and "rack 'em out." The response is predictable, the head snaps, the brake lights blaze and the offending car swerves back into a more reasonable path of travel. It happens every time. I believe I can say with certainty that, in my particular situation, loud pipes have saved my life in numerous instances. I'm also considerate of my neighbors by "idling" in and out of the subdivision as much as possible.

Do loud pipes save lives?
Although it hasn't actually been proven to be true, many bikers believe this is a fact.

The motorcycle officers with the Oakland police department obviously believe it too! They have dumped the toned down stock Harley exhaust pipes and equipped all 45 of their Harley Davidson’s with pipes that put out a roar at 93 decimals, well above the federal standard of 80 decimals. In a statement explaining the department’s decision, Chief Dave Kozicki said, "There's an old motorcycle adage that you are heard before you are seen." I’ll bet those cops are happy campers!

Chief Kozicki also mentioned an incident where a motorcycle officer was struck, while riding a bike with the stock exhausts by a motorist who later claimed he hadn’t heard the officer coming. For more information, click here.

Ride safe - Loco Logan

Motorcycle Passenger Dies In Crash

John@SeriousInjury.com (Blog Author)15519 — Sun, 19 Jul 2009 08:00:00 EST

MURFREESBORO, Tenn. -- Police are investigating to see who may be to blame for a fatal crash late Monday night at a busy Rutherford County intersection.Authorities said a motorcycle headed north on North Lowry Street collided at 10:38 p.m. with a car in the opposite lane that was turning left onto Sam Ridley Parkway.The driver of the motorcycle, Paul Johnson, 53, of Lavergne, was flown to Vanderbilt Medical Center with serious injuries. The co-rider, Linda Marlene Riggs, 55, of Lavergne, was pronounced dead at the scene.

Thursday memorial planned for Noel McFarland, bus driver to the stars

John@SeriousInjury.com (Blog Author)15232 — Mon, 13 Jul 2009 08:00:00 EST

Thursday memorial planned for Noel McFarland, bus driver to the stars

Noel McFarland, bus driver to stars such as Rascal Flatts, Brad Paisley, and Toby Keith died in a motorcycle accident last weekend. McFarland memorial service will be held Thursday July 9 at 11 a.m. at Anderson and Garrett Funeral Home in Joelton. Casual attire is "mandatory".

Motorcycle accident kills passenger

John@SeriousInjury.com (Blog Author)15231 — Mon, 13 Jul 2009 08:00:00 EST

Motorcycle accident kills passenger

July 8, 2009

Helmets are the most important safety equipment any motorcyclist can use, but in a contest between a motorcycle and a car...

Cynthia Brown, 56, was a passenger on her husband's motorcycle Tuesday morning. At 10:20 a.m. they were on Hwy 70 travelling east when they collided with a Ford van.

THP information officer Mike Browning said Wood had just crested a hill when he saw two vehicles stopped in the road.

“[Brown] was attempting to make a left turn, when [Wood] attempted to avoid the other vehicles, he braked, and skidded into the path of the motorcycle,” Browning said.

The THP said alcohol was not involved in the accident. For more information, click here.

Benefit slated to aid CMA riders Van and Nancy Reed

John@SeriousInjury.com (Blog Author)15230 — Mon, 13 Jul 2009 08:00:00 EST

Benefit slated to aid CMA riders Van and Nancy Reed

For years, Van and Nancy Reed of Hornbeak have worked tirelessly to aid area residents facing medical challenges and the bills that often accompany them.

As members of the Dyersburg Chapter of the Christian Motorcyclists Association, the couple has worked on every Bikers Helping Hands benefit in the community, coming to the aid of local families - especially children - affected by illness.

A benefit slated for Saturday, July 18, is a chance for the Dyer County community to return the favor.

The Reeds were involved in a serious motorcycle accident on their way to the Dyersburg CMA Chapter's Run for the Son on June 13. Officials believe that the motorcycle they were riding on ran over debris on the roadway, causing a blowout in the back tire.

Both Van and Nancy were admitted to The Med with serious injuries. With only unemployment wages as their income and no insurance, the price of saving their lives will be a steep one.

"Van and Nancy worked on every one of (the Bikers Helping Hands benefits) from the very beginning," said fellow CMA member Deborah Davidson. "Every time there is a need, they are there to help. They are both out to The Med now, but they are a long way from well." For more information, click here.

Child Pedestrian Accidents Can Be Avoided in Tennessee

mindywein@cox.net (Blog Author)15090 — Thu, 09 Jul 2009 08:00:00 EST

A Tennessee pedestrian accident is often devastating just from the simple physics of this type of collision. Someone who is hit by a car has little protection in the crash and the outcome is often catastrophic, especially if the pedestrian is a child. Children are often victims of pedestrian accidents because they sometimes make quick decisions without thinking about the consequences. For example, it is not uncommon to see a child dart into a neighborhood street to retrieve a soccer ball or try to cross the street on their bicycle before a car comes.

Parents should teach their kids about safety around cars, which can reduce the risk of injury or death from a pedestrian crash. The National Highway Traffic Safety Administration recommends that parents teach their children by explanation. For example, a parent should explain to their child how they themselves cross the street, by looking in both directions for cars and crossing when there is a WALK signal.

Children should also learn where they should walk. They should be taught to walk on the sidewalk and if one is not available, to walk facing traffic. Children should never run when crossing the street and should be looking for oncoming cars at all times.

Preschoolers should be supervised, as young children do not realize the dangers of cars. Their short stature can also make it hard for larger vehicles to see them.

If your child has been the victim of a pedestrian accident in Tennessee, contact a Nashville injury attorney at Phillip Miller & Associates at 1-800-337-HURT or 1-615-356-2000 for legal advice.

John@SeriousInjury.com (Blog Author)15062 — Thu, 09 Jul 2009 08:00:00 EST

Road Rage Kills 4 people on I-75

Phillip@SeriousInjury.com (Blog Author)15045 — Wed, 08 Jul 2009 08:00:00 EST

Interstate travel sometimes involves encountering drivers who are going faster, or slower than you are traveling. Sometimes someone passes you and slows down and you have to pass them again, and then they speed up. Lots of things can happen that might irritate you, but it should stop there. Anger when you are behind the wheel is a very dangerous emotion and can spin things out of control. A man driving a Saturn SUV on I-75 reached that point last week. He had been having some "problems" with a driver in a Honda Accord, and rear-ended the Accord. That would have been bad enough, but a small truck traveling to the rear couldn't stop when the Saturn slowed after impact. It rear-ended the SUV, bursting it into flames. The driver and all 3 passengers were killed. Rage. Never a good thing, and incredibly dangerous when driving a car. For more information about this story click here.

Drunk Bass Boat Operator Kills Woman on Kentucky Lake

Phillip@SeriousInjury.com (Blog Author)15040 — Wed, 08 Jul 2009 08:00:00 EST

A Murfreesboro woman and mother was killed July 2 while pontooning with her family on Kentucky Lake. A bass boat, reported to be going as much as 40 mph slammed into the pontoon boat at 5:50 p.m. The operator of the bass boat, David Phelps age 37 was given a field sobriety test and charged with boating under the influence.

At impact both the 47 year old mother and her 16 year old daughter were thrown out of the pontoon boat. The mother could not be revived, the 16 year old was life flighted to Vanderbilt.

Mr. Phelps was by himself in his bass boat, and apparently getting an early start on the 4th of July holiday. There is just no excuse for a 37 year old man being so incredibly irresponsible, and it's probably not the first time he has acted in this way. Drunk and running full out on a lake with other boats that cannot possibly get out of your way? And then hitting someone broadside in daylight conditions? When people ask me "What is a wrongful death claim?", this is an example. For more information about wrongful death see here. For more information about this event, click here.

Motorcyclist dies on I-24 during heavy rain storm

John@SeriousInjury.com (Blog Author)14971 — Tue, 07 Jul 2009 08:00:00 EST

Motorcyclist dies on I-24 during heavy rain storm
July 6, 11:14 PM

In a torrential downpour of rain Sunday evening, 58-year-old Noel McFarland of Joelton, Tenn. was killed on his motorcycle following a multi-vehicle accident.

McFarland, riding on a 2009 Harley Davidson, was westbound on I-24, when an earlier accident brought traffic to a standstill. The rider attempted to stop, but was apparently thrown from his motorcycle, according to metro police officials.
The Harley crashed into the guardrail, while McFarland collided with a 2007 Suzuki SUV. He then was struck by a 1996 Honda Accord.

McFarland died at the scene.

There were no other serious injuries related to the accident.

Female motorcyclist killed over Fourth of July weekend

John@SeriousInjury.com (Blog Author)14842 — Mon, 06 Jul 2009 08:00:00 EST

Female motorcyclist killed over Fourth of July weekend

July 4, 11:28 PM

Nicole Gill, 30, of Nashville, was killed on her motorcycle over the Fourth of July weekend.
Gill, a member of the Unexplainable motorcycle club, died Friday night when her Suzuki sport bike allegedly struck an on-coming Pontiac Grand Prix, driven by 19-year-old Keith Otey of La Vergne, Tenn. Otey told officers that he was turning when the light was on a green arrow.
Speed and failure to stop for a red traffic light, according to the metro police department, appear to be contributing factors in the fatal crash on W. Trinity Lane at Brick Church Pike. Another witness reported Gill ran the red light.

Motorcycle fatalities increase as other vehicles see historic lows

John@SeriousInjury.com (Blog Author)14818 — Sun, 05 Jul 2009 08:00:00 EST

Motorcycle fatalities increase as other vehicles see historic lows

July 4th, 2009

There is good news for America's roads in the latest data released by the U.S. Department of Transportation as the the number of overall traffic fatalities reported in 2008 hit their lowest level since 1961.

And those numbers continued to fall in the first three months of 2009.

The news wasn't as good for motorcycle enthusiasts however with the two wheeled category being the only one to show an increase.

The largest drop in traffic fatalities was seen in large trucks, with 2008 statistics falling 16% over the same numbers in 2007.

Motorcycles on the other hand rose 2.2%, increasing for the 11th straight year and now account for 14 % of all highway fatalities.

The report released in June 2009, '2008 Traffic Safety Annual Assessment' considered the fatalities by the miles each category of vehicles traveled.

Ride safe - Loco Logan

Tennessee Products Liability

mindywein@cox.net (Blog Author)14684 — Wed, 01 Jul 2009 08:00:00 EST

If you have been injured by a defective product or one that turned out to be dangerous, you may be wondering about your legal rights. Defective product cases fall under a legal category known as product liability. This area of law allows consumers to hold manufacturers, distributors, suppliers and retailers accountable when they place unsafe products on the market.

Tennessee product liability cases give victims the opportunity to recover compensation for their injuries. In order to have a successful defective product case, you need to prove that the product was “in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller.” According to Tennessee law, to determine if a product was unsafe or dangerous the scientific and technological knowledge available to the manufacturer or seller will be applied.

There is a deadline as to when you can file a Tennessee product liability claim. It is important to contact a Nashville product liability attorney immediately following an injury. The manufacturer or other responsible party will work hard to make sure that you do not win your case, which is why you need an experienced Nashville injury lawyer on your side. Contact Phillip Miller & Associates at 800-337-HURT (4878) or 615-356-2000 for legal advice regarding your defective product case.

The "Dragon" claims life of harley rider

John@SeriousInjury.com (Blog Author)14430 — Mon, 29 Jun 2009 08:00:00 EST

Another biker fatality.

The Tennessee Highway Patrol released the name of the man who died Saturday in a motorcycle accident on a stretch of U.S. Highway 129 near the North Carolina border known as “The Dragon.”

Michael Lewis Giroux, 54, was traveling southbound on his 1996 Harley-Davidson motorcycle on U.S. 129 when the bike left the road and struck a tree near the 6.5 mile marker, THP said.

Giroux, a Miami native, was wearing a helmet.

Ride safe - Loco Logan

Five million miles and smiles as motorcycle enthusiasts come together on Monday

John@SeriousInjury.com (Blog Author)14418 — Sun, 28 Jun 2009 08:00:00 EST

June 28, 2009

Monday should see more motorcycles on the roads as H.O.G. members do their best to meet the challenge thrown down by Harley-Davidson.

The goal?

To collectively rack up five million miles in one day of riding. And the Milwaukee motorcycle manufacturer even wants to hear the millions of stories behind those multitude of miles when the riders wrap up.

Founded in 1983, the Harley Owners Group (H.O.G.) is the official riding club of the Harley-Davidson Motor Company. H.O.G. currently has more than one million members and over 1,400 chapters worldwide, making it the largest factory-sponsored motorcycle organization in the world. H.O.G. rallies are held around the globe to celebrate Harley-Davidson motorcycle riding.

Ride safe - Loco Logan

Nashville Not Safe for Pedestrians

Phillip@SeriousInjury.com (Blog Author)14396 — Sat, 27 Jun 2009 08:00:00 EST

Nashville is now officially the 2nd least walkable city in the U.S.A. which translates into our getting more than our fair share of the 4500 pedestrian deaths and 70,000 injuries that occur annually. Innovations in traffic lighting - reminding drivers that they have an obligation to look out for pedestrians at cross walks - have significantly reduced deaths in other cities. Maybe it's time for us? for more information, click here.

Fatal crash in Jefferson County

John@SeriousInjury.com (Blog Author)14293 — Thu, 25 Jun 2009 08:00:00 EST

DANDRIDGE — A 63-year-old motorcyclist died Tuesday morning after a vehicle turned into the path of the bike, according to the Tennessee Highway Patrol.

Lee Chipley of Knoxville was killed in the 6:56 a.m. crash at the intersection of State Route 139 and Deep Springs Road, according to a report filed by THP Trooper Mark Self.

Chipley was westbound on SR 139 on a 2009 Harley Davidson when a 1998 Ford Explorer turned into his path, Self noted. Chipley, who was using a helmet, was flung by the impact from the bike onto the roadway.

Frances Driver, 39, of Dandridge was driving the Explorer. Self wrote that Driver’s Explorer was eastbound on SR 139 when Driver tried to make a left turn onto Deep Springs Road. Driver was using a seat belt, according to Self.

There was no indication of alcohol or drug abuse contributing to the crash, but Self ordered blood tests on both drivers.

Self’s report stated criminal charges are pending.

Damages Available in a Tennessee Wrongful Death Case

mindywein@cox.net (Blog Author)14220 — Tue, 23 Jun 2009 08:00:00 EST

Losing a loved one is devastating. As you are grieving, you may be starting to ask questions. What exactly caused the death? Who is responsible? If there was negligence, can that person be held liable?

Wrongful death lawsuits often involve a workplace accident, car accident, defective product, drunk driving accident, semi truck accident or motorcycle crash. In Tennessee, you can file a wrongful death claim if negligence was to blame for your loved one’s death. The defendant can be held accountable and you may be able to recover monetary damages.

Under the Tennessee Wrongful Death Statute, general damages include pecuniary value of the deceased, pain and suffering, medical expenses and funeral costs. Pecuniary value is determined by the deceased person’s age, life expectancy, health, capacity for work, income and habits of “sobriety and industry.”

Tennessee courts have also allowed families to recover compensation for the loss of companionship, love and affection. In the case of Jordan v. Baptist Three Rivers Hospital, 984 S. W.2d 593 (Teen. 1999), it was stated that “An individual family member has value to others as part of a functioning social and economic unit. This value necessarily includes the value of mutual society and protection, i.e., human companionship. Human companionship has a definite, substantial and ascertainable pecuniary value, and its loss forms a part of the value of the life we seek to ascertain.”

If you have lost a loved one and believe negligence was involved, contact a Nashville wrongful death lawyer at Phillip Miller & Associates at (615) 356-2000 or (800) 337-HURT for a free legal consultation today.

Bikers with big hearts

John@SeriousInjury.com (Blog Author)14114 — Mon, 22 Jun 2009 08:00:00 EST

Bikers with Big Hearts - Southmountain Children and Family Services in Nebo held their 3rd annual Trinity Children Charity Ride beginning on Thursday June 18, 2009. A group of 75 riders began the day in Maggie Valley and rode to Southmountain to finish with a charity dinner that benefited the children. The ride is expected to raise $25,000 to benefit abused and neglected children. The ride will leave Nebo and cross the state, finishing in Carolina Beach on Saturday. For more information, click here.

Fatal motorcycle accident claims Mt Juliet man.

John@SeriousInjury.com (Blog Author)14113 — Mon, 22 Jun 2009 08:00:00 EST

FOR IMMEDIATE RELEASE

June 11, 2009

Speed appears to be the contributing factor in Wednesday night’s fatal motorcycle accident on Old Hickory Boulevard at Robinson Road that claimed the life of a Mt. Juliet man.

James L. Allen, 52, was riding his 2008 Harley Davidson southbound on Old Hickory Boulevard when witnesses reported he failed to negotiate the curve at the intersection of Robinson Road and Bridgeway Avenue at 8:30 p.m.

Allen was transported to Skyline Medical Center where he was pronounced dead. He was wearing a helmet.

Ride safe - Loco Logan

Tennessee man dies in Perry motorcycle wreck

John@SeriousInjury.com (Blog Author)13688 — Mon, 15 Jun 2009 08:00:00 EST

A motorcycle accident has claimed the life of a Tennessee man, Leonard Stark of Springfield, Tennessee. Mr. Stark died at the scene after his motocycle collided with a Ford mustang driven by a 16 year old.

"Look everywhere" and "Sharing the Road" are concepts that are new to 16 year old drivers. No charges have been filed but the case is underinvestigation.

Mr. Stark was southbound at the intersection of Larry Walker Parkway and Courtney Hodges Boulevard when he was struck by the Mustang.

Glass said some witnesses have told authorities that the motorcycle failed to yield at the intersection. For more information, click here.

Motorcycle Road Trips In Tennessee

John@SeriousInjury.com (Blog Author)13687 — Mon, 15 Jun 2009 08:00:00 EST

Motorcycle road trips in Tennessee are some of the best roads to travel on your motorcycle in the country. Considering the fact that it’s next to impossible to find a public gravel road, that alone should tell you how motorcycle friendly our state really is. The upkeep of our roadways is another prideful point and again user friendly in deed for bike enthusiasts. Taking the roads of choice is all about where you want to go, the path is clear and friendly.

Motorcyclists are always looking for that perfect stretch of highway that was designed for the bike enthusiast and Tennessee has got you covered. There is one well-known road that boasts a whopping 318 curves in 11 miles. can you top that? Well, if you live or plan on traveling to Tennessee you’ll want to inquire about the Tail of the Dragon stretch of highway.

Nashville to Gatlinburg is another great stretch of highway that is great for the motorcycle riders delight. If you have a road trip in mind and want to ride with a group of other bike enthusiasts, then you will want to check out a business that caters to assisting motorcycle riders be involved in group travel and having their luggage or golf clubs sent via a following vehicle to allow you to focus on the trip and the ride.

Nashville to Gatlinburg is just such a stretch of highway that will assist you in becoming associated with a friendly group of like-minded motorcycle riders that can have their trips planned and catered to right down to having your destination accommodations worked out in advance of your actual road trip.

Road Trip, is a two word phrase that can only mean one thing, you have just been advised that the need to hit the open highway has been announced and if you’re ready the trip is ready to begin. Motorcycle road trips can be for the day or for a longer period of time. The best way to get involved is to let it be known with a group like Nashville to Gatlinburg and see if they can match you up with a time and a group that is traveling at a time that fits your schedule.

Whether it’s the Tail of the Dragon highway you want to take on or just a day road trip that let’s you be yourself and be a part of others doing it in style as a group, you really should see what’s available.

Ride safe - Loco Logan

Johnny Cash's son-in-law dies in motorcycle accident

John@SeriousInjury.com (Blog Author)13685 — Mon, 15 Jun 2009 08:00:00 EST

Johnny Cash's son-in-law dies in motorcycle accident

The son-in-law of Johnny Cash, Eddie Panetta, has died after sustaining injuries in a motorcycle accident in Ventura, California.

Eddie, who was married to Cindy Cash, was reported missing after failing to return from a motorcycle ride. On Saturday, Panetta's son-in-law , Christopher Hess, retraced Eddie's trail and found him at around 2:00 PM.

So sad.

Ride safe - Loco Logan

July 4th Second Deadliest Day of the Year for Bikers

John@SeriousInjury.com (Blog Author)13353 — Mon, 08 Jun 2009 08:00:00 EST

The Fourth of July holiday is the second most deadly holiday period of the year – just behind New Year’s Eve. In 2004, at least 253 people were killed in alcohol-related traffic crashes across America during the Fourth of July holiday period. Of those, 225 fatalities involved a driver, or motorcycle operator with a blood alcohol content (BAC) level of .08 and higher.

About half of all traffic fatalities over the July 4th holiday are alcohol-related.

Too many people still don’t understand that alcohol or drugs and driving just don’t mix. Impaired driving is no accident, nor is it a victimless crime. Too many lives are being lost and we need everyone’s help to stop it. Overall in 2004, more than 15,000 people died in highway crashes involving a driver or motorcycle operator with a BAC of .01 or higher. Of those, nearly 13,000 were killed in crashes where the BAC was .08 or higher.

Alcohol plays a major role in motorcycle fatalities, affecting those skills essential to operate a motorcycle -- balance and coordination. In 2004, 41 percent of the 1,672 motorcycle operators who died in single-vehicle crashes had BAC levels of .08 or higher. For fatal crashes in the same year, a higher percentage of motorcycle operators had BAC levels of .08 or higher than any other type of driver.

Ride safe - Loco Logan

Parents tend to move children out of car seats too soon!

Phillip@SeriousInjury.com (Blog Author)13312 — Fri, 05 Jun 2009 08:00:00 EST

Researchers at the National Highway Traffic Safety Administration have reported that parents are moving children into the "next level" of restraint too early, specifically moving kids into front facing safety seats before they were big enough (at least 36 lbs).

The NHTSA data also shows:

About 21 percent of children younger than 1 or weighing less than 20 pounds were not riding in rear-facing seats, down from 28 percent in 2007.
44 percent of children 20-40 pounds were not in front-facing seats.
49 percent of children 12 or younger who were 37-53 inches tall were either unrestrained or prematurely graduated to seat belts, down from 56 percent in 2007.

Seat belts for children should be used when children are 8 years old or 4'9" tall.

For more information about guidelines for child seats, click here.

Tennessee Dog Bite Victims are Often Children

mindywein@cox.net (Blog Author)13300 — Fri, 05 Jun 2009 08:00:00 EST

Children tend to be more trusting than adults and are not afraid to approach dogs. They also frequently miss the warning signs that a dog will give letting the victim know of an impending attack.

Every year, approximately 4.7 million people are bitten by dogs and a large percentage of the victims are children. Even though certain dog breeds have been known to be more aggressive, any dog can attack a child.

Young dog bite victims often sustain bites on their faces that can lead to serious scarring and disfigurement. A dog bite carries a risk of infection, tetanus and rabies. Children also more likely to be involved in a dog attack that proves fatal and often these attacks are unprovoked.

Dog bites not only inflict emotional pain, but these events can also impact the child emotionally. Many children who are bitten by dogs develop a fear of these animals. This fear can be so debilitating that they panic when they see dogs at parks or other public places. Children have also been known to be too afraid to go to a friend or relative’s house who owns a dog.

The dog’s owner can be held liable in some cases. If your child has been bitten by a dog in Tennessee, you need to contact a Nashville dog bite lawyer immediately for legal advice. Contact Phillip Miller & Associates today at (615) 356-2000 or (800) 337-HURT to go over your legal options.

Smoky Valley Rally kicks off

John@SeriousInjury.com (Blog Author)13266 — Fri, 05 Jun 2009 08:00:00 EST

The first "Smoky Valley Rally" takes off this weekend in East Tennessee, replacing the cancelled "Honda Hoot". The rally will take place in Loudoun County and the surrounding area and will include riding "the Dragon" and other back roads that are favorites for bikers in the know. Of course the rally will also include food, live music, and food. I was in Maryville, Tennessee last week and had an opportunity to check out Smokey Mountain Harley Davidson. If you happen to be cruising 421 stop in and have some free coffee. This is a great shop to browse.

Ride safe - Loco Logan

Animals in Road - Moving Hazards

Phillip@SeriousInjury.com (Blog Author)13182 — Wed, 03 Jun 2009 08:00:00 EST

A recent collision involving a car that swerved to avoid an animal in the road resulted in injuries to the driver. My firm has handled these kinds of cases in the past, including everything from cows in the road to pets to wild game. It is very common to encounter animals on the roadway. The amount of time to respond is often minimal, and the animals are frequently moving into or across the path of the oncoming car. While the natural instinct is to swerve and avoid contact, this often leads to loss of control. Damage to your car may be preferable to losing control and killing the animal anyway.

Woman marks 100th with Harley ride

John@SeriousInjury.com (Blog Author)13154 — Tue, 02 Jun 2009 08:00:00 EST

LEBANON, N.H., June 2
A New Hampshire woman celebrated her 100th birthday with a ride on a Harley Davidson motorcycle -- an activity she has enjoyed since 1927.

Alice King, 100, of Lebanon, said her family and Granite State Harley Davidson surprised her on her birthday with a motorcycle ride alongside dozens of other bikers, WPTZ-TV, Plattsburgh, N.Y., reported Tuesday.

King, described as an inspiration by the younger motorcyclists who accompanied her on her birthday outing, said she has been around motorcycles since she was young.

"I had two brothers that had them and a friend and it seems as though I was always riding them around," King said at her centennial celebration.

I can only hope to be so lucky. Ride safe - Loco Logan

When is a subcontractor entitled to work comp benefits?

Andrea@SeriousInjury.com (Blog Author)13099 — Mon, 01 Jun 2009 08:00:00 EST

Everyone engaged in the construction industry (principal contractors, intermediate contractors, and subcontractors) is required to carry workers' compensation insurance on their employees! But, if you are a independent (sub)contractor, you may be left without coverage in the event of an injury.

If you are a subcontractor and are self-employed (not an employee of the general contractor), you may have no workers' compensation coverage (unless you have insured yourself). How do you know if you are an employee or subcontractor? Ask yourself the following questions as set out by the Tennessee Department of Labor and Workforce Development:

(a) Do you have the right to control the conduct of the work?

(b) Do you have the right of termination (can someone else fire you)?

(c) Do you control the method of payment (how and when you are paid)?

(d) Do you have the freedom to select and hire helpers?

(e) Do you furnish your own tools and equipment?

(f) Do you (or someone else) schedule your working hours?

(g) Do you have the freedom to offer services to others (can you chose who you work for)?

If the answer to these questions is yes, you are probably a independent contractor (not an employee) and you may not be covered by workers' compensation insurance. If the answer to many of these questions is no, you are probably an employee and are entitled to workers' compensation benefits.

If you have been injured on your construction job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Riders Rally for Brayden Goolsby

John@SeriousInjury.com (Blog Author)13078 — Mon, 01 Jun 2009 08:00:00 EST

Cookeville- Broad Street was lined with bikers from all over the county to help a Cookeville baby boy and family in need. Today’s event was a benefit ride for Brayden Goolsby who is currently 3 months old and battling kidney failure.

Over 79 bikers and 100 people participated in this ride that filled the streets and parking lots with shiny, colorful, sun glistening chrome motorcycles. As the motorcycles progressed they made stops along the way at Fireside, Scooters and Hooters, Jim’s Inn and then finished up at the Hawg Barn where lunch was provided by Johnny R-BQ.

All bikers donated $10 to participle in this worthy cause and all the proceeds from this ride will go to help out the family of Brayden Goolsby.

Brayden was born at East Tennessee Children’s Hospital weighing 5lbs 5oz and spent 45 days in the hospital from birth until he was able to come home. His parents then took him to the University of Tennessee’s dialysis unit for treatment and also received training to perform dialysis at home.

Brayden is currently 3 months old and has already undergone 6 surgeries and the longest amount of time he has spent out of the hospital in one stretch was for 13 days.

Parents, Kyle and Jenny Goolsby are so thankful for the outpouring of support this community has given to them.

Braydon’s parents are waiting for their son to reach 22lbs. At that that point, he should be big enough to receive a kidney transplant which will be donated by one of his parents.

This was the second benefit coordinated to help the family out with mounting medical bills and also the amount of time they have missed from work to care for Brayden. The first benefit was a yard sale in April where items were donated by local residents.

Company Knew they were Selling Pistachios with Salmonella

Phillip@SeriousInjury.com (Blog Author)13055 — Sun, 31 May 2009 08:00:00 EST

Setton Pistachio, of Terra Bella, Inc. (a California company) knew their pistachios were contaminated with salmonella for 6 months but continued to ship them according to the FDA. The amount of Salmonella that can cause illness may be small, from 15 to 20 cells. Symptoms include diarrhea, abdominal cramps, fever, nausea, and/or vomiting. Is there an acceptable amount of bacteria, like salmonella, that a company can allow into the food chain? Is that the conduct of a reasonably careful manufacturer/distributor of food products? For more information, click here.

Tractor Trailer Wreck at 3 a.m. Due to Fatigue?

Phillip@SeriousInjury.com (Blog Author)13031 — Sat, 30 May 2009 08:00:00 EST

A truck wreck on I-75 at 3 a.m. resulted in a diesel spill and shut down of the interstate for 10 hours. It was a single truck accident, and the causes are officially still "under investigation". The time of day suggests that fatigue may have been a factor. Sleep deprivation experts tell us that it is most difficult for people to stay alert during this time, and "catching up" on sleep in advance doesn't really help. We can be thankful that this truck driver just lost control and made a mess of the interstate. It could have been much worse. For more information about driver fatigue issues, click here.

Motorcycle death blamed on drag racing - without a lot of evidence

Phillip@SeriousInjury.com (Blog Author)12825 — Wed, 27 May 2009 08:00:00 EST

A motorcyclist was killed at 3 a.m. on Wednesday May 27, 2009 in Nashville. The fatal crash occurred on the ramp for I-65 at Old Hickory Blvd. in Madison. The initial news coverage implies that a BMW was able to make a curve, but the motorcycle was not able to make the curve. Does that make sense? Doesn't being forced off the road make as much sense? The investigation has not been completed, let's hope it gives the deceased motorcycle driver a fair shake. For more information, click here.

Tractor Trailer Wreck at 3 a.m. Wednesday May 27, 2009

Phillip@SeriousInjury.com (Blog Author)12822 — Wed, 27 May 2009 08:00:00 EST

A tractor trailer wrecked at 3 a.m. on the morning of May 27, 2009 on I-24 outside of Nashville. It's tempting to just "drive through" rain when you are in a big rig, but water on the roadway can make handling and braking dangerous for even experienced truck drivers. Safe truck drivers know this and either slow down or stop.

Texting Leads to Death in Car Wreck

Phillip@SeriousInjury.com (Blog Author)12821 — Wed, 27 May 2009 08:00:00 EST

Texting may be illegal in Tennessee, but I doubt that the change in the law will deter those "crackberry" addicts who think a short text message won't affect their ability to drive safely. Unfortunately, taking your eyes from the road does affect your ability to drive safely and everyone on the road is at risk when a driver decides they can get away with this kind of risky behavior. In a Vancouver case, a driver was killed when he lost control. His "crackberry" survived. For more information, click here.

Chrysler Loses Appeal over Punitive Damages

Phillip@SeriousInjury.com (Blog Author)12819 — Wed, 27 May 2009 08:00:00 EST

In 2001, 8 month-old Joshua Flax was in a car seat in the back seat of the family Dodge Caravan. A pick-up truck rear-ended the minivan, a collision that should not have caused serious injury to a child in a car seat. Unfortunately, the collision caused the right side front seat to break, go backwards, and hit and crush the small child's skull. Chrysler knew about the tendency of these seats to break and a Nashville Jury did the right thing, awarding punitive damages against Chrysler to send them a message. This was Chrysler's appeal to the U.S. Supreme Court and the Court upheld the Nashville Court's award of $13 in punitive damages. For more information, click here.

Female biker dies in motorcycle wreck over the weekend

John@SeriousInjury.com (Blog Author)12756 — Tue, 26 May 2009 08:00:00 EST

Sadly, another motorcycle rider was lost this weekend.

Kimberly Indelicoto, 22, of Dittmer, Missouri, lost control Friday night of her 2008 Kawasaki Ninja Sportsbike and was thrown from the motorcycle at Highway 360 and Sloan Road in Monroe County, Tennessee.

Rolling Thunder motorcycle event attracts 500,000

John@SeriousInjury.com (Blog Author)12740 — Mon, 25 May 2009 08:00:00 EST

Motorcycle riders from all over the U.S. rode to Washington, D.C. to remember and honor those who have served and died for our country. This Memorial Day is the 22nd year of Rolling Thunder and an estimated half million riders will attend.
Representative of Rolling Thunder met with President Obama to discuss their concerns about veteran issues, including accountablility for those missing in action. For more information, click here.

Dragon season for Bikers - Tallassee Store gears up for summer of cycles on 318 curves

John@SeriousInjury.com (Blog Author)12322 — Fri, 22 May 2009 08:00:00 EST

The crew at the Tallassee Store are ready to open up the motorcycle season on the Dragon. The legendary winding stretch of U.S. 129, locally known as Calderwood Highway, has more than 318 curves in 11 miles from the North Carolina line into Tennessee.

At 11 a.m. on May 23, a motorcycle ride benefiting the Bud Allison Chapter of the Fraternal Order of Police will take place. Scott Maddux, owner of Smoky Mountain Harley-Davidson Buehl, will be grand marshal.

At 3 p.m., a cage fight will take over the extreme sports arena behind the store. “This is a Cage Aggression Fight League event,” Henry said. “The titles they’re fighting for are all sanctioned. General admission is $20.”

Henry said it should be a fun time for everyone involved. “This is the first time we’ve ever done anything like this,” he said. “It’s going to be a big weekend.”

Bo Henry, Sr., said a portion of the fight proceeds also go to the F.O.P. “We’re looking forward to seeing how that goes,” he said. “In addition, there will be members of Blount County law enforcement agencies emphasizing safety on the Dragon and riding on the curves.”

But mostly, the day is about fun and celebrating the return of crowds to the Dragon. Bo Henry, Jr., said something else new he’s preparing for this season is a band stage behind the store where the old Tallassee School once stood. “The steps are still there, I’m going to be putting in a school bus, and the stage will be made out of the school bus.”

The new venue should be completed in three weeks. There will be weekly music on stage with bike nights on Wednesdays. Henry said there will be plenty of parking.

The new Tallassee Store opened the store in 2008, and traffic is increasing at the store for the season, said Henry. “It’s based on sunshine, but we still have a steady stream of people who tour on motorcycles,” he said.

In their first season in 2008, the store staff had a map with pushpins for riders to place on their homes. “Last year, I covered all 50 states and 30 countries in basically five months,” Bo Henry, Jr. said.

Bo Henry, Sr., said The Dragon is the second largest tourist attraction in Blount County next to the Great Smoky Mountain National Park. “People don’t realize that. People from all over the world come to visit the Dragon,” he said.

Co-owner Larry Cabot from Houston said motorcycle enthusiasts recognize the Dragon even in his state. “I wear my Tallassee Store shirt, and they ask, ‘Is that the Dragon in Tennessee?’ Even as far away as Texas, people know the Dragon,” he said.

Bo Henry Sr. said the people who are real bike riders know that the big rides are in Sturgis, S.D., the Dragon in Blount County and Big Ben in Texas. “It’s the one people talk about,” Cabot said.

Bo Henry Jr. said people from England and New Zealand have come and one group Hawaii shipped their bikes. “The Dragon was their number one stop,” he said. “They offloaded them in Seattle and rode straight here. They were touring.”

Car clubs also are discovering the Dragon. “We have parking across the street,” said Bo Henry, Jr. “They’ve been getting on my roof with tripods and taking pictures. I had Minicooper rally recently. Every weekend there’s a different kind of car - hundreds of them. It’s fun,” he said.

Henry has one end of the store with old railroad track insulators he’s collected over the years from all over the U.S. There’s a deli with seating inside and outside the store, and he plans to add more picnic benches.

“It’s real serene,” he said. “It’s a good place to sit and eat.”

The Dragon defined

Bo Henry, Jr., shared two versions of how the Dragon got its name.

“We are the Heart of the Dragon,” he said. “The Tail of the Dragon is a North Carolina company.

Bo Henry Jr. said there are many different reasons for the road’s nickname. One reason had to do with the curves of the road and how it caused motorcycle frames to strike the ground. “On a map, it’s curvy and looks like a spine or tail of dragon. That’s one story. Another is that, after World War II, Hal Lunsford’s uncle rode a motorcycle up there and commented that when you turned, everything was as if it was draggin’, he said.

The store is located at 5908 Calderwood Highway.

SUV loses control killing cab driver

Phillip@SeriousInjury.com (Blog Author)12310 — Thu, 21 May 2009 08:00:00 EST

A Nashville cab driver was killed Tuesday May 19 when an SUV lost control. The wreck happened on Ellington Parkway which has a wide, grass median. Apparently, not wide enough. The SUV driver said she swerved to avoid debris in the road and then ran off the road, across the median, and into the cab of Mr. Hussein Ali with enough force to kill him. Do you think the SUV driver may have been going too fast? "Debris"? I thought one of the reasons for driving an SUV was ground clearance and durability - so now an innocent man is dead for "debris"? It doesn't make any sense. The fact is, this SUV driver exercised bad judgment, really bad judgment. Not everyone should be allowed to drive. This lady maybe one of those people who should not.

Biker dies after crash on dam

John@SeriousInjury.com (Blog Author)12282 — Thu, 21 May 2009 08:00:00 EST

Another biker was killed Wednesday morning when he ran through a gate blocking traffic from entering the north end of Wilson Dam.The wreck occurred on the Florence side of the dam. The motorcyclist was southbound, officials said.The dam was closed to traffic Tuesday for maintenance work, which was to continue Wednesday.Lauderdale County Coroner Andy High pronounced White dead at the scene. High said White died from blunt-force trauma to the head and chest.

The coroner said White was wearing a helmet.

"It appears he drove around all our signage cones and through the gate," TVA police Capt. Joe Kelley said.

This is the 18th vehicle fatality this year in northwest Alabama and the Tennessee counties of Wayne and Lawrence. It is the third involving a motorcycle.

Ride Safe-Loco Logan

Nashville Motorcycle Accident Prevention

mindywein@cox.net (Blog Author)12178 — Mon, 18 May 2009 08:00:00 EST

The National Highway Traffic Safety Administration (NHTSA) was directed by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to create language for the states to use in traffic safety education classes, driver’s manuals and other training materials, regarding the importance of driving safely with motorcyclists.

Motorcycles are often hard to see, especially when the other driver is not paying attention. Motorcyclists can also be hidden in a vehicle’s blind spot. According to the NHTSA, about 50 percent of all motorcycle accidents involve another motor vehicle. Almost 40 percent of motorcycle crashes were the result of the other vehicle turning left in front of the motorcyclist.

Some of the language developed by the NHTSA addresses the fact that motorcycles have the same legal rights as other vehicles on the road and that motorcyclists need to be allowed a full lane width. The NHTSA included language that discusses using signals to alert motorcyclists to lane changes or merging traffic and allowing more following distance of three or four seconds when traveling behind a motorcycle. The language also explains that road conditions can be major hazards for motorcyclists and that they may change speed or adjust their position within a lane as a sudden reaction.

The Share the Road language developed by the NHTSA was sent to all Governor’s Highway Safety Representatives, State Motorcycle Safety Administrators and Motor Vehicle Administrators. It will be interesting to see if there is a reduction in Nashville motorcycle accident frequency due to the NHTSA's initiative.

Source: NHTSA - “Share the Road with Motorcycles”

Motorcycle Day postponed until June 13

John@SeriousInjury.com (Blog Author)12137 — Mon, 18 May 2009 08:00:00 EST

If you hear thunder rumbling through the streets of Bell Buckle this week -- that's all it is. Just thunder. The annual Motorcycle Day, originally scheduled for Saturday, has been postponed until June 13.
"We went from a zero percent chance of rain to a 70 percent chance," said Jenny Hunt, with the Chamber of Commerce. "Bikers like to plan things in advance and even if it doesn't rain, they probably wouldn't show up."

"We'll have the same thing," said Rodney Simmons, also with the Chamber. "The same entertainer and everything."

The event includes a poker run -- "This year's Poker Run looks to be one of the best in event memory," said Hunt -- a concert, and a bike show.

The concert, by Big Mike Griffin, is what Hunt calls "100 percent Biker Blues." As a biker and musician, Big Mike's original sounds blend blues music with biker culture. He has performed with David Allen Coe, Johnnie Rodriguez, and other artists and set a record attendance in Daytona, Florida, at the Full Moon Saloon during Bike Week 2005.

The bike show will feature seven different classes of bikes: Full custom, mild custom, manufactured custom, sport bike, classic, antique, and trike/side car. Each class will feature trophies for first, second, and third. There will also be a trophy for Best of Show, and the Peoples Choice.

"One of the most exciting highlights of the day is the appearance of 'Wingspan' presiding over the prizes and giveaways, and the 50/50 drawing benefiting the Bell Buckle Fire Department," said Hunt.

The Bell Buckle Café will be on site serving lunch from 11 a.m. -- 4 p.m. Admission is free to all Motorcycle Day events.

The change in plans may benefit the bikers, but the new date is going to make things a little hectic for the Chamber volunteers.

"It's the week before the RC-Moon Pie Festival," said Hunt. "We had 10,000 Moon Pies delivered today."

Next weekend, May 23, will see anywhere from 2,500 to 3,500 visitors in Bell Buckle for GeoWoodstock VII, geocaching's world convention, and two weeks after the RC-Moon Pie Festival, the Tennessee Shakespeare festival opens its second season with "A Midsummer Night's Dream."

"I may go out on the Poker Run and not come back," said Hunt, laughing.

Kyle Petty Charity Ride makes stop in Hub City

John@SeriousInjury.com (Blog Author)12136 — Mon, 18 May 2009 08:00:00 EST

NASCAR driver Kyle Petty is usually a part of the pack of 43 cars going around the track in stock car races.

On Friday, he was leading a pack of motorcycle riders through West Tennessee on Interstate 40 on the way to Nashville and ultimately back to Greensboro, N.C., as part of the Kyle Petty Charity Ride. Former NFL running back Herschel Walker and golfer Davis Love III also participated with about 100 other riders.

"This is great to do this with so many people," Petty said of the ride, now in its 15th year. "We started out helping a few different children's hospitals, but then after we built Victory Junction, all of the money started going toward that."

Victory Junction is a camp in Randleman, N.C., for children with chronic medical issues or serious illnesses that holds camps for about 3,800 kids per year. The idea was started by Petty's son, Adam, who was killed in a wreck during practice at the New Hampshire Motor Speedway on May 12, 2000.

"I think Adam would be embarrassed at how big one of his ideas has become, to be honest," Kyle Petty said of Victory Junction, which broke ground on a second camp in Kansas City during the ride's stop there on Wednesday. "But we want to help as many people as we can, and we're glad we can do it in honor of Adam."

Walker, who won the Heisman Trophy at Georgia in 1982 before going on to the NFL, said the ride combines two things he likes to do: Riding motorcycles and raising money for charity.

"I got started in this about four years ago when Pattie Petty was talking about this," Walker said. "I've always loved motorcycles and getting involved in rides, so I showed up four years ago and (have) ridden every year since."

Tractor Trailer Accident Statistics

mindywein@cox.net (Blog Author)11957 — Wed, 13 May 2009 08:00:00 EST

Tractor trailer accidents are devastating. These types of crashes frequently result in serious injuries and death. There are many factors involved in large truck accidents, but one of the main reasons the outcome is so catastrophic has to do with the immense size of the semi. Tractor trailers can weigh up 80,000 pounds, which significantly outweighs the average passenger vehicle at 3,000 pounds.

The Federal Motor Carrier Safety Administration released its Motor Carrier Safety Progress Report that showed the number of accidents, injuries and fatalities involving large trucks. The report contains information as of December 31, 2008. Following is a summary of the data included in the report based on 2007 statistics and facts:

• There were 4,808 deaths involving large trucks
• The rate of fatalities involving large trucks and buses was 0.168 per 100 million total vehicle miles traveled
• 101,000 injuries were caused by large truck accidents

If you have been injured in a truck accident, you need to contact a Nashville truck accident lawyer at Phillip Miller & Associates for legal advice at (615) 356-2000 or (800) 337-HURT. Truck accident cases are complex and require a thorough understanding of state and federal law. We have the experience and knowledge necessary to help you win your semi truck accident case.

*Source: Federal Motor Carrier Safety Administration: Motor Carrier Safety Progress Report

US Scooter, Motorcycle Makers Get Stimulus Shot

John@SeriousInjury.com (Blog Author)11910 — Wed, 13 May 2009 08:00:00 EST

When the price of gas goes up, sales of motorcycles and scooters increase - and last year sales exploded. Unfortunately when the recession hit, sales dropped significantly. Now, tax breaks that are part of the federal stimulus package may help stimulate sales. Under the stimulus plan, taxpayers who buy motorcycles or scooters can deduct sales and excise taxes associated with the purchase. Consumers can also get a 10 percent federal tax credit if they buy plug-in bikes.

Lebanon police officer killed in motorcycle crash

John@SeriousInjury.com (Blog Author)11844 — Mon, 11 May 2009 08:00:00 EST

Another biker down and gone.

Police chief Scott Bowen says Jeff Stone, a Lebanon police officer, was riding his Harley-Davidson on U.S. 231 when a car turned from a side street onto the highway Saturday night. As the car crossed his lane, Stone hit the driver's side door and died at the scene.

A Tennessee Highway Patrol report says the driver was Jose Chavez, of Lebanon, who was injured. His passenger, Montes Barrea, also of Lebanon, was not hurt.

The Tennessean reports the accident is still under investigation. Highway patrol investigators have ordered tests to see if the driver was under the influence of drugs or alcohol.

Ride safe out there-Loco Logan

Truck Driving Can Take a Toll on the Body

Andrea@SeriousInjury.com (Blog Author)11703 — Thu, 07 May 2009 08:00:00 EST

Driving as a professional truck driver can take a toll on the body. A number of factors can lead to serious health issues or injuries. When a driver has an irregular schedule, he or she may suffer from chronic stress, fatigue and poor diet. When a driver sits for long periods of time, he or she can develop back strain. Repetitive bending and lifting heavy objects can result in back injuries. Driving for a long period of time may produce low back pain, especially in a vibrating truck with poor shock absorbers in the seat. Some steps that that a driver can take to help minimize these risks are:

1. Use some type of lumbar support to restore the natural inward curve of the back.

2. Make sure that the driver's seat has a good seat shock absorber (a dampener). This may help eliminate some of the vibration that causes wear and tear on the spine.

3. Get out and exercise! Strong back muscles create natural lumbar support, and are more able to deal with prolonged sitting. Ask your doctor which exercises are best for you.

If you have been hurt in an accident while driving or have developed a back injury due to prolonged driving, you may be entitled to workers' compensation benefits.

Phillip Miller & Associates can help you receive the workers’ compensation benefits that you may be entitled to and will ensure that you are treated fairly. Contact us at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

New Orleans Bike Week has customized guitars as well as motorcycles

John@SeriousInjury.com (Blog Author)11600 — Mon, 04 May 2009 08:00:00 EST

Motorcyles and New Orleans? Absolutely! New Orleans is kicking off its first Bike Week May 6-10, 2009. This Bike week celebration will focus on the relationship between bikes and guitars and will feature a collection of customized Hard Rock Fender guitars. Bike Week will also feature a show of custom motorcycles from the countries best bike builders, live rock and roll, and the best food and good times that New Orleans can offer. Ride safe, wear your helmet, and have fun.

Share the Road' Festival Sends Motorcycle Safety Message

John@SeriousInjury.com (Blog Author)11504 — Fri, 01 May 2009 08:00:00 EST

Bumpus Harley Davidson's Murfreesboro dealership will be the place to be tomorrow for Harley riders and motorcyclists of every stripe, in fact, as the Tennessee Department of Safety joins with the Governor's Highway Safety Office, the Motorcycle Awareness Foundation of Tennessee, the Tennessee Truckers Association, the Nashville Area Metropolitan Planning Organization, Walk/Bike Nashville, and the Murfreesboro Police Department to kick off May as Motorcycle Safety Awareness Month and National Bicycle Month.

The "Share the Road" festival is scheduled to start at 10 a.m. The event will feature a bicycle safety course for kids and adults, motorcycle training, and road tests; a news conference is scheduled for noon. The goal of the festival is to remind drivers, motorcyclists, and bicyclists to "Share the Road" with one another.

The location is 2250 NW Broad Street in Murfreesboro, and more than 800 motorcyclists are expected to attend and participate in a "Blessing of the Bikes" ceremony, followed by a ride to Lynchburg, Tenn.

Motorcycle fatalities have steadily increased during the past decade in Tennessee, 143 motorcyclists were killed on Tennessee roadways last year.

Ride safe-Loco Logan

Nashville, Tennessee - THP Searches for Vehicle in Fatal Motorcycle Crash

John@SeriousInjury.com (Blog Author)11467 — Thu, 30 Apr 2009 08:00:00 EST

NASHVILLE — The Tennessee Highway Patrol is asking for the public’s help in locating an SUV and driver that may be connected to a fatal motorcycle crash that happened on I-65 in Davidson County, Saturday morning, April 25, 2009.

At approximately 8:51 a.m., 31 year-old Larry Ellison of Bean Station, Tennessee, was riding a 2004 Harley Davidson motorcycle southbound on I-65. Ellison was exiting on Harding Place when he was thrown off the motorcycle. He was transported to Vanderbilt Medical Center where he died at 5:13 a.m., Sunday, April 26, 2009.

The THP is looking for a black SUV with red dealer tags. Witnesses say the SUV was driving erratically down I-65 and cut across two lanes of traffic before striking the motorcycle in the exit lane. The witnesses told investigators the SUV may have damage to the right rear. Witnesses say the driver of the SUV stopped momentarily then left the scene, heading west on Harding Place toward Franklin Pike.

Anyone with information is urged to contact the Tennessee Highway Patrol at 615-741-2060.

The Tennessee Department of Safety’s mission is (www.tennessee.gov/safety) to ensure the safety and general welfare of the public. The department encompasses the Tennessee Highway Patrol, Office of Homeland Security and Driver License Services. General areas of responsibility include law enforcement, safety education, motorist services and terrorism prevention.

Lightning Strike Kills Man on Motorcycle

John@SeriousInjury.com (Blog Author)11431 — Wed, 29 Apr 2009 08:00:00 EST

Lightning Strike Kills Man on Motorcycle

Skip over this conte

Troy Gentzler, 45, was volunteering for Bikers Against Child Abuse when he died.

(April 27) -- A Lawrence, Kan., man died Saturday after he was struck by a bolt of lightning as he and six companions rode their motorcycles through a rainstorm.

Troy Gentzler, 45, was killed shortly after visiting an abuse victim for the northeast Kansas chapter of Bikers Against Child Abuse.

The bolt struck as the group was traveling between the towns of Grantville and Perry.

"You can sum it up in one word: bizarre," Jefferson County Sheriff Jeff Herrig told a Lawrence County newspaper.

A woman riding next to Gentzler was injured in the accident. She was treated at a hospital and released.

Bikers Against Child Abuse supports children who have suffered physical or sexual abuse. Members of Gentzler's chapter conducted their annual tour Saturday, visiting people who had been in the program for several years, the Journal-World reported. Gentzler had been a member for about two years.

Ride safe-and stay out of storms. Loco Logan

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Too Many Workers Killed or Injured on the Job

Phillip@SeriousInjury.com (Blog Author)11428 — Wed, 29 Apr 2009 08:00:00 EST

According to the Labor Statistics Bureau data 5,657 workers were killed on the job in 2007 (the most current data available). An estimated 4 million were injured. This means that on an "average" day, 15 workers are killed on the job and more than 11,000 are injured.

The Las Vegas Sun has reported that a death on the job today costs the typical corporation only $3,675.

Most of us think that OSHA is there to enforce regulations that would reduce unnecessary injuries and deaths. Unfortunately during the last 8 years, the agency was systematically stripped of its enforcement apparatus. The Sun reports "Today federal OSHA has fewer inspectors than in 1980, with the ability on average to inspect every workplace only once every 137 years. OSHA’s stagnating budget means it has an average of $3.89 available to protect each worker in America." For more information, click here.

Arthur Anderson Finally Pays Up on Enron Claims

Phillip@SeriousInjury.com (Blog Author)11425 — Wed, 29 Apr 2009 08:00:00 EST

Enron which supposedly had a market value of $68 billion collapsed in 2001 when it was discovered that the company and its executives had been involved in massive fraud. Their accounting firm, Arthur Anderson, knew what was going on and was sued by creditors for approving transactions that manipulated Enron's financial condition for the benefit of its executives. 8 years later, Arthur Anderson (what's left of it) has ag reed to a settlement of $16 million in payments to creditors. The Enron era may be coming to an end, but it's clear that many people will never be made whole. For more information, click here.

Dole Bankrolled Murders by Right Wing Death Squads

Phillip@SeriousInjury.com (Blog Author)11424 — Wed, 29 Apr 2009 08:00:00 EST

Right wing death squads in Columbia have killed thousands. Often the victims were attempting to organize workers on banana plantations owned by U.S. based companies. Even though these death squads were designated as terrorist organizations since 2001, they received millions of dollars from U.S. companies that had banana plantations in Columbia. Some of the death squad leaders say that they received as much as 40% of their money from Dole, and have admitted that they were often called by plantation managers when there was a labor problem. For more information, click here.

Gray Hair and Harleys

John@SeriousInjury.com (Blog Author)11235 — Thu, 23 Apr 2009 08:00:00 EST

A motorcycle accident used to be a young man's way to the morgue. It was the teen rebel living fast and dying young, the Leader of the Pack roaring off to his doom.

That was another century. Now crash victims are increasingly likely to have gray hair and grandchildren.

While motorcycle fatalities among all riders have gone up in the past few years, deaths among those 40 and up have more than doubled. Riders in that age group now account for almost half of all fatalities.

Statistics released by the National Highway Traffic Safety Administration show the extent of the change:

10-Year Trend by Age Group Shows
Significant Increases in use by Older Population

Most with 50+ Age Group

I myself am an older 50+ biker. I have been riding consistently however since my early teen years. I have never taken a 30 year break and decided to get back into being a biker at age 40-50 after having not ridden for decades. Therein could be the problem. Lets face it, we don't heal like we used to. I also firmly believe that many years of consistently being a rider trains you to do things by instinct, thereby offsetting (to some degree) the deterioration of reflex, sight, sound, coordination and other motor skills that seem to fade with age.

That's my opinion. Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Beer on 5 hours of Sleep Makes for Bad Driving

Phillip@SeriousInjury.com (Blog Author)11188 — Wed, 22 Apr 2009 08:00:00 EST

Two beers is usually considered "safe" by most people, but it's not always safe. If someone has had 2 beers, and only 5 hours of sleep, their risk of being in a crash increases 4 times over someone who had no beer. This risk is especially pronounced in people under 25 years of age. Their brain and hormonal changes require more sleep than older adults, yet their lifestyle is often incompatible with safe amounts of sleep. The results? More than 55% of crashes where the driver fell asleep involve drivers 25 years old or younger. For more information see our library and click here.

Defective Cribs Linked to Serious Injuries & Deaths

mindywein@cox.net (Blog Author)11157 — Tue, 21 Apr 2009 08:00:00 EST

When you place your sleeping infant in a crib, you shouldn’t have to worry about the possibility of your child sustaining injuries. Unfortunately, some manufacturers have produced cribs that pose significant safety hazards to children.

Within the last two years, millions of cribs have been recalled following reports of injuries and deaths. In 2007, nearly one million Simplicity cribs were recalled after two infants were killed by a major design flaw in the hardware. It was discovered that when the drop-side rail on the Simplicity crib was installed upside down, it could fail and cause the infant to become entrapped.

Delta Enterprise Corp. had to recall one of its cribs after receiving a report of the death of an 8-month-old child. Close to one million cribs were included in the recall. It turns out that some of the Delta cribs were missing safety pegs, causing a risk of entrapment and suffocation for young children.

Manufacturers can be held liable when they place unsafe products on the market. During a defective children’s product lawsuit, your attorney must prove that the manufacturer did not adequately warn consumers about the product's possible dangers or that there was a design or manufacturing defect in the product that made it unreasonably dangerous.

The defective product attorneys at Phillip Miller & Associates know what it takes to win an unsafe product lawsuit and can help you. Call (800) 337-HURT or (615) 356-2000 today for legal advice regarding your defective product case.

Witness Preparation

Phillip@SeriousInjury.com (Blog Author)10989 — Wed, 15 Apr 2009 08:00:00 EST

In the real world, this doesn't happen unless the attorney involved is a complete BOZO, with a client who came from the same BOZO family tree (for anyone whose last name is BOZO, not you, the clown guy that most people think of long before they think of you). Preparation for trial testimony is something you should expect from any attorney that is representing you, and something that we do consistently and well. Our clients know what is expected of them, they are confident, and they are always ready.

Jury Duty

Phillip@SeriousInjury.com (Blog Author)10988 — Wed, 15 Apr 2009 08:00:00 EST

Sometimes trials go on a little longer than jurors like. :) This cartoon by Scott Adams is a good example of how it can be frustrating for jurors who feel they are not really doing justice. Every case in our office that is filed in court cries out for fair play and justice, or we wouldn't file suit. Our job as attorneys is to provide jurors what they need to do justice, help them understand what justice means in our client's case, and put them in a position where they do the right thing and can go home proud to have served as a juror.

Motorcycle-related deaths still on the rise

John@SeriousInjury.com (Blog Author)10970 — Wed, 15 Apr 2009 08:00:00 EST

OK fellow bikers. There is a new report from NHTSA that while showing a decrease in the number of people who lost their lives in the four wheelers by 4% in 2007, also indicated a troubling new statistic of an increase in motorcycle deaths upwards at 6.6%. These percentages seem small but when broken down they translate to over 5100 bikers no longer with us. Not a good thing.
Based on this study it appears that motorcyclists are about 35 times more likely than passenger car occupants to die in a traffic crash while driving at night. (Time to take a close look at our lighting and night riding gear perhaps?) I don't know about the rest of you but I'm liking the extra lighting kit I put on my bagger more and more everyday, or should I say every night?

According to the final version of NHTSA’s report,

"A number of factors in motorcycle crashes appear every year.
These include new and older riders, alcohol-related crashes, speed,
driving at night, larger engines and a lack of helmet use. NHTSA
estimates helmets are 37 percent effective in preventing fatal injuries
to motorcyclists."

Use good judgment.

Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Motorcycles Collide Resulting In Fatalities

John@SeriousInjury.com (Blog Author)10969 — Wed, 15 Apr 2009 08:00:00 EST

Motorcycles Collide…

There was a bad accident in the Lone Star state this week. I mention it because there is something to learn from another biker’s unfortunate mistake.

A 26-year-old Fort Worth motorcyclist died Tuesday night after colliding with another cyclist. Ronald King and a second biker had accelerated to catch up with two other riders when King’s bike struck the rear of one of the bikes in front of him. King was ejected and died at the scene. One of the other riders was injured. They were both wearing helmets. Apparently, King was unable to slow down.

It’s fun to ride with friends, but obviously, it can also be dangerous. When palling around with your buddies, don’t forget to use a couple basic safety tips. Number one, never ride more than two bikes abreast in one lane. And number two, always keep a safe distance between you and the bikes in front of you. Not to be a fun spoiler, but it could mean your life or the life of a friend.

Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

New Harley-Davidson CEO Is Not A Bike Owner...

John@SeriousInjury.com (Blog Author)10967 — Wed, 15 Apr 2009 08:00:00 EST

New Harley-Davidson CEO Is Not A Bike Owner…

Last week, Harley-Davidson introduced outgoing President and CEO Jim Ziemer’s replacement, Keith Wandell, the current president and chief operating officer of Johnson Controls Inc. Wandell, by the way, doesn’t currently own a bike.

The change has caused emotional outbursts from unhappy and vocal riders, but Motley Fool insists the new motorcycle executive brings good things to the table saying, Johnson generated $545 million in cash profit over the past 12 months, during a recession.

For those interested, the public is invited to participate in a webcast conference call with Jim Ziemer to review the results of Harley-Davidson’s first financial quarter. The webcast will be available April 16^th, live at 8:00 AM (Central) or the replay after 11:00 AM. Here is the webcast link:

Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Bus Crash Causes Wrongful Death

Phillip@SeriousInjury.com (Blog Author)10939 — Tue, 14 Apr 2009 08:00:00 EST

A wrongful death case has been filed in Las Vegas over the death of a passenger that occurred when the bus left the road. There could be many things that could cause a loss of control, but in this case weight distribution was the key point. On a small plane, there is always some "re-seating" that goes on to make sure the plane is balanced front to back and both sides. The same kinds of rules can apply to buses. When a bus is overloaded on one side, it affects handling, but it also affects the wear on the tires. When a company and its drivers stop paying attention to details, bad things can happen.

Easter Bunny Bikers

John@SeriousInjury.com (Blog Author)10783 — Thu, 09 Apr 2009 08:00:00 EST

Easter bunny bikers
Hell’s Easter Bunnies…

25 motorcycles rolled into the Union Gospel Mission Community Youth Center in Yakima, Washington, to help about 100 neighborhood kids celebrate Easter. The bikers, wearing plenty of bandanas, black leather and tattoos, came carrying pastel colored baskets filled with candy and stuffed bunnies.

The kids went crazy, but it wasn’t the candy and toys that excited them the most. In a grassy field next to the youth center, the ABATE motorcycle club members took turns giving the children bike rides. Even the smallest tots got into the action in one cyclist’s new sidecar.

The goal of these hell’s bunnies, “American Bikers Aimed Toward Education,” is to promote safe riding habits, encourage favorable legislation for bikers and to hold events, contests and community service projects.

Easter Sunday falls on April 12th this year. Here’s hoping you and your family have a Harley hopping safe holiday.

Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Trucking Case Evidence Must be Preserved

Phillip@SeriousInjury.com (Blog Author)10767 — Wed, 08 Apr 2009 08:00:00 EST

I have been working on a trucking case that has been handled by another firm, and was shocked to discover that they made no attempt to preserve evidence of the driver's logs, fuel receipts, inspections, or other documentation. It's usually fairly simple. You make a written request to the company to preserve the records, and if they won't you file suit. If you say nothing the trucking company is legally entitled to destroy the records after 6 months and there is nothing you can do. In this case, the trucking company admitted fault so the lawyers thought it was unnecessary. Wrong. We don't know (and neither do they) what the real story was on this driver and why this particular wreck occurred.

Are Some Truck Accidents Linked to Forged Medical Certificates?

mindywein@cox.net (Blog Author)10682 — Mon, 06 Apr 2009 08:00:00 EST

According to a study by the House Transportation and Infrastructure Committee, it is easy for a motivated trucker to get around the physical examination requirement needed to obtain a commercial license. As a result, it is believed that there are truckers on the roads today who have forged medical certificates and should not be driving. That means that some Tennessee tractor-trailer accident cases may be caused by medically unfit truckers.

Truckers are known to suffer heart attacks, seizures and spells of unconsciousness, causing countless major truck accidents across the country. Since there is no central database or repository for state inspectors to verify the legitimacy of a medical certificate, truckers are getting away with providing false information to obtain their commercial licenses and innocent truck accident victims are paying the price.

The House Transportation and Infrastructure Committee study tried to verify a sample of 614 medical certificates from truckers at roadside inspections in California, Illinois and Ohio. Only 407 could be verified as legitimate after the committee’s staff attempted to contact the medical examiners listed on the certificates.

If you have been injured in a Tennessee tractor-trailer accident you may be entitled to compensation. Truck accident cases can be complex, which is why you need to consult with an experienced large truck accident attorney to find out your legal rights. Contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 today for a consultation.

Motorcycle Injuries and Children

John@SeriousInjury.com (Blog Author)10650 — Mon, 06 Apr 2009 08:00:00 EST

Toys R Congress...

Last year Congress passed a bill that President Bush signed into law that was supposed to make children safer by reducing the risk of lead poisoning in toys. Instead, the new law has caused a more a dangerous problem and a huge economic issue.

The Consumer Product Safety Commission (CPSC) has decided that children’s motorcycle and all-terrain vehicles violate the new standards, because of lead in the brakes, tire valves and gears, and has ordered dealers to stop selling them. This decision has left the multibillion-dollar industry in a depression, potentially losing as much as $1 billion.

But here is an even worse problem…according to experts, there is virtually zero threat of lead poisoning from riding a motorcycle. The true threat of serious injury to kids happens when they are forced to ride heavy adult bikes. The introduction of smaller cycles for kids under 12 had increased safety in recent years.

According to a study by the Motorcycle Industry Council, "90% of the youth fatalities and injuries on motorcycles occur when kids ride adult vehicles." That is what kids will ride if the CPSC ban stays in effect. Concerned citizens are trying to appeal the law, but so far it seems Washington isn’t interested. I will keep you posted, but in the meantime, keep your kids off those adult bikes.

Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT

Bikers, Accidents and A Popsicle

John@SeriousInjury.com (Blog Author)10649 — Mon, 06 Apr 2009 08:00:00 EST

Dreamsicle Dreamcycle…

It’s been 15 years and over a million dollars in the making but John Gibson finally made his dream come true. This week, he and his business partner, Joel Semanko, launched their Fife, Washington, based franchise, Cool Cycles Ice Cream Co.

For a mere $39,000.00 investment, you get a 750-cc Honda Shadow or a Harley 883 Sportster along side your very own 600 ice cream bar capacity fiberglass sidecar turned freezer box. All set and ready to go. Ride a cool cycle while selling cool treats.

Gibson, who came up with the idea one sunny day while jogging, says his profits will go to feed hungry children, because there are kids in the world who wake up everyday worried about whether or not they will have enough to eat. So true.

So, if you have a passion for motorcycles and ice cream, you're in luck, the two worlds have now collided… But always remember, it's dangerous to drive with a popsicle in your mouth.

Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

You must timely report a work-related injury!

Andrea@SeriousInjury.com (Blog Author)10611 — Fri, 03 Apr 2009 08:00:00 EST

If you are injured while working in Tennessee, you have a legal obligation to report the occurrence. A failure to timely notify your employer could result in a delay or complete denial of workers' compensation benefits. According to the Tennessee Department of Labor and Workforce Development, an injured employee should immediately report an injury in writing to their employer. If circumstances of an injury prevent immediate reporting, an employee must report the injury no later than (30) days after the injury.

For gradually occurring injuries (i.e. carpal tunnel), the injury must be reported within (30) days of when the employee either (1) knows or reasonably should know that he or he/she has suffered a work-related injury, or (2) is rendered unable to continue to perform his or her normal work activities as a result of a work-related injury and the employee knows or reasonably should know that the injury was caused by work-related activities.

If an employee contracts a disease that is work related, he/she must give notice to the employer within 30 days of the date on which the the disease becomes known to the employee or could have been discovered by the employee in the exercise of reasonable care and diligence.

If you have questions about your claim, the article entitled Tennessee Workers’ Compensation Benefits will help you understand your rights. If you have been injured and are considering filing a workers’ comp claim, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Automatic Transmissions Preventing Motorcycle Accidents?

John@SeriousInjury.com (Blog Author)10591 — Fri, 03 Apr 2009 08:00:00 EST

To Automatic or Not To Automatic?

Today’s bikers may think automatic and semiautomatic transmissions are

“sissy,” (No offense to you lady riders) but some experts speculate that won’t
be the case in five years. In fact, the brand-new Honda DN-01 lets riders stay balanced,

navigate traffic, accelerate and brake…without hand-squeezing a clutch
and foot-shifting through gears. Although it’s not the first to do so,
it is a new wave version hitting the market this week.

Maybe YOUR motorcycle multi-tasking isn’t dangerous, but could
automatics make the roads safer as demographics change and a whole new
generation of riders hits the roads? Perhaps.

There used to be a significant amount of multi-tasking manual
gear-shifting AUTOS tooling around along side the more easy-riding
automatic cars and trucks. But as of last year, automatics took over
ninety-three percent of autos sales in the United States. Is that also
the future of motor biking? We’ll have to wait and see.

In the meantime, Bikers, whether you drink the automatic transmission
Kool Aid or not, be sure to keep a clear head as you do one hundred
and one different things, all at the same time, to stay asphalt-afloat
and enjoy your favorite pastime.

Ride Safe-Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Medical Errors

Phillip@SeriousInjury.com (Blog Author)10577 — Thu, 02 Apr 2009 08:00:00 EST

Medical errors are estimated at killing 200,000 people each year, and cost us $51 billion. Unfortunately there isn't any requirement to either report or track these errors. Ten years ago the Institute of Medicine reported 1.5 million medication errors alone and suggested that those errors should be reduced by half within 5 years. No one knows what progress has been made because, again, there is no requirement to report or track these errors in a public fashion. The most publicity that has occurred on the topic in years was when actor Dennis Quaid almost lost his newborn twins due to a medication error. This wouldn't have happened if earlier mistakes were reported and publicized. Fortunately, the mistake in the Quaid case was not fatal and the hospital installed a computerized system to prevent incorrect dosages being given. Consumer's Union is collecting signatures petitioning the U.S. government to take action on this issue. If you are interested, click here.

"Independent" Medical Exams Can be Bogus

Phillip@SeriousInjury.com (Blog Author)10515 — Wed, 01 Apr 2009 08:00:00 EST

One of the nightmares of having a workers' compensation claim is the potential for an "independent" medical exam to ruin your case. Insurance companies find doctors who tell them that someone is not injured, or not injured badly, and then they use them over and over. Before going to have in independent medical exam, it makes sense to talk to an attorney who knows and understands workers' compensation, as well as the doctor who may be examining you. There are a lot of potential pitfalls. For examples of how badly this can affect people with workers' compensation claims, check this article from the NY Times.

Yamaha ATV - the ATV with a Difference

Phillip@SeriousInjury.com (Blog Author)10488 — Tue, 31 Mar 2009 08:00:00 EST

The Yamaha Rhino is an ATV with a difference. Apparently on level ground and at low speeds this "ATV" will rollover during a turn. All Yamaha Rhino 450 and 660 model vehicles have been recently recalled by Yamaha for repairs. Unfortnately there have been at least 46 deaths from rollovers by people using the Rhino. These are never simple lawsuits, the companies almost always fight hard and blame the dead or injured for not realizing how unsafe the product really was. To review the CPSC's report on ATV safety, click here.

The Ten Worst Toys

Phillip@SeriousInjury.com (Blog Author)10486 — Tue, 31 Mar 2009 08:00:00 EST

Whether a toy is safe or not depends on the stage of a child's development. Young ones tend to put anything into their mouths. While it's one thing to see a child put something dirty and disgusting in their mouth, it's the small things that can cause choking that are the most dangerous. For that reason, toys with small parts that could cause choking must be clearly labeled so as to warn the purchaser that they are not suitable for children under the age of three. Art materials such as crayons and paint should be marked with the label "ASTM D-4236." This designation means that a toxicologist has reviewed the product.

If you are looking for actual lists of recalled or unsafe toys, the CPSC has recall information on its website, www.cpsc.gov. Another good resource is World Against Toys Causing Harm, or W.A.T.C.H. Since 1973, W.A.T.C.H. has released an annual "10 Worst Toys" list. For the current "10 Worst Toys" click here.

Motorcycle Fatalities and Bulletproof Bikers

John@SeriousInjury.com (Blog Author)10406 — Mon, 30 Mar 2009 08:00:00 EST

Just recently the senate killed the bill to allow Tennessee Motorcyclist to ride helmet free. A few years back, or perhaps more than a few years back I would have disagreed with this action. Anytime I ride in a state with no helmet law required I have always quickly removed mine and enjoyed the fresh air, the cool breeze in my hair, and the overall sense of freedom. I had no concern for injury for I was bulletproof. My body was solid from running many miles, pecks accustomed to benching 250lb in reps, long flowing ponytail and tattoo's in the wind. Some of these are things of the past and some never really were.... I can't run anymore, a bad knee and diabetic feet took care of that, and the pecks developed from benching the 250lb on frequent occasion have now sagged, almost to the point of needing support (I think women call this a bra), also gone is the ponytail, must have been too much freedom wind in it, as all that's left is a bald head now. As for the being a bulletproof biker well........

I rode into Kentucky recently (no helmet law), rather than stop and remove my helmet at the state line I just seemed to realize what a comfortable helmet I really had and kept riding. I thought about my little boy back home and what I would want him to do in the same situation. Hope he's never bulletproof....

That's my opinion. Ride safe. Not so Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Harley Spring Drags

John@SeriousInjury.com (Blog Author)10298 — Thu, 26 Mar 2009 08:00:00 EST

The American Motorcycle Racing Association comes to Beech Bend Dragstrip this Friday, Saturday and Sunday (27th, 28th and 29th), with their Spring Harley Rally.

Time Trials and Qualifying get underway at noon on Sunday, and Eliminations begin at noon on Sunday. A special event pass is $40, Sunday only is $20.

Fatal Motorcycle Accident leads to debut of Alan Jackson's "Sissy's Song"

John@SeriousInjury.com (Blog Author)10232 — Tue, 24 Mar 2009 08:00:00 EST

If you ride long enough you start to notice just how often some biker will lose their life in a motorcycle accident. It touches all walks of life, the rich, the poor, the blue collar worker. Even members of Nashville's country music industry are tragically touched by these loses from time to time, Such is the case of "Sissy". She was an employee of Alan Jackson. Sissy lost her life in May 2007 in a motorcycle accident.

"I didn't sleep for a while," said Jackson." So, I sat down one day and wrote this song and after that I felt all right." Jackson recorded the song and gave it to the Fitzgerald family for the funeral. "A lot of people told me how much it made them feel better and helped them get through it a little easier, so I was very proud of it."

Jackson debuts a new video being released today to memorialize Sissy. In some ways I suppose it will memorialize or touch in some way all of those who have lost friends and loved one's in these tragic motorcycle accident's. I for one will watch the video as I'm sure her loved ones left behind will, and think of the times had, and the times that could have been.
Ride Safe. Loco Logan

Motorcycle Safety Tips for Tennessee Bikers

John@SeriousInjury.com (Blog Author)10230 — Tue, 24 Mar 2009 08:00:00 EST

Motorcycle Safety In Tennessee

The best method to create a safety plan or to do anything safely is to recognize the possible dangers.

So the first thing to do is find out what causes most accidents on a motorcycle.

Reasons for accidents:

Basic lack of riding skills
Not knowing the vehicles and operators limitations
Not riding defensively
Speeding
Improper size for rider
Visibility to Cares and Trucks

As everyday is different so is your riding experience. Always be on the lookout for potential hazards. Many of them you control.

Riding Safely:

Don't tailgate!

Avoid sharing lanes in extremely slow traffic .

Use proper gear like helmets, and eye protection.

Drive defensively.

Do not speed, and assume you are invisible to other drivers.

Keep tires properly inflated.

Don't drink and ride!

As a biker I know one thing for sure though, and that is to drive like no one can see you. The vast majority of motorcycle wrecks and injuries occur where auto drivers just pull right in front of motorcycles who have the right away giving them no time to react. They don't see you. Thats my opinion. Ride Safe. Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Turnover at Trucking Companies

Phillip@SeriousInjury.com (Blog Author)10223 — Tue, 24 Mar 2009 08:00:00 EST

One of the little know facts about the trucking industry is the amount of turnover they have among their drivers. Nationwide the turnover rate for drivers is over 120%. If a trucking company has (as an example) 1000 drivers, on average they would be hiring 100 new truckers every month. This leads to companies making m istakes and taking shortcuts in screening, training, and hiring. Those mistakes can be catastrophic when they put a driver on the road with poor judgment, bad habits, and no training or supervision. For more information on this study and issue, click here.

Motorcycle Death of the Ramblin Man

John@SeriousInjury.com (Blog Author)10192 — Mon, 23 Mar 2009 08:00:00 EST

What southern rocker hasn't heard and enjoyed the music of the Allman Brothers Band? Well it was 40 years ago that Duane Allman, the band’s founding guitarist died in a motorcycle accident in 1971. I was riding my bagger just this weekend listening to radio and heard about the anniversary and they played one of my favorites, "I hope you’ll understand, That I was born a ramblin’ man", I think the name is actually "Rambling Man", but who cares. It seems hard to believe that its been 40 years. I was riding dirt bikes back then and having motorcycle wrecks that we'd all get up and laugh about and keep on riding. I guess the older you make it in life the more you look back at the significant chances that you taken with it. That's just my opinion. Ride Safe. Loco Logan

Drug Research Targets Children, Researcher Under Investigation

Phillip@SeriousInjury.com (Blog Author)10134 — Fri, 20 Mar 2009 08:00:00 EST

Children need the protection of all adults, all institutions. When it comes to drug research we all want the same things. Safe, effective drugs that will heal our children when they are sick or keep them healthy and protect them from illness and disease.
Drug research for adults has had its problems. Researchers have taken money from drug companies and then published studies showing how good the drugs are - without letting anyone know they had been paid by the drug company. Now that same problem has occurred with a Psychiatrist at Harvard who has published studies advocating the use of a particular drug company's psychotropic drugs with children. He was paid $1.6 million dollars by Johnson & Johnson over a 6 year period. He reported only $200,000 of that income to Harvard. Why? If his research was solid why compromise it by hiding payments made by a drug company? The problem now is that his research is suspect, and children who might have benefited from good, ethical research will have to wait. For more information, click here.

Motorcycle Lawyers and Bikers Suited Up

John@SeriousInjury.com (Blog Author)10125 — Fri, 20 Mar 2009 08:00:00 EST

The first day of spring and am I riding my Harley? No, I'm at work and even worse today is a "going to court" day for me which I have to do on occasion even though I'm not a lawyer. Being the resident motorcycle accident investigator does come with a few drawbacks. Today for example I have on a suit and tie. Now I don't care how you dress up a bald headed biker, he still looks like a biker with a suit on for some reason. It reminds of of alot of the motorcycle personal injury attorney,motorcycle injury lawyer web sites that come up on these Google searches and have lawyers trying to look like bikers. They still look like lawyers only dressed in biker gear. That's just my opinion for the day. Ride safe. Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Workers' Compensation Payments May Affect Your Social Security Benefits

Andrea@SeriousInjury.com (Blog Author)10098 — Thu, 19 Mar 2009 08:00:00 EST

It is very important to talk to an experienced workers' compensation attorney before you settle your Workers’ Compensation claim. This is especially true if you believe you may qualify for both Workers’ Compensation and Social Security Disability. The terms of your Workers’ Compensation settlement can have a significant bearing on the amount of Social Security benefits that you may be entitled to and/or the degree to which Medicare will cover your future medical expenses.

At Phillip Miller & Associates, our experienced attorneys will make sure that specific language is included in the Court Order that protects both your workers' compensation and social security benefits.

If you have questions about your claim, the article entitled Tennessee Workers’ Compensation Benefits will help you understand your rights. A Tennessee workers’ compensation attorney can help you receive the workers’ comp benefits for which you are entitled and will ensure that you are treated fairly. If you have been injured and are considering filing a workers’ comp claim, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Motorcycle Speed on Curved Road Can Result In Accident or Serious Injury

John@SeriousInjury.com (Blog Author)10096 — Thu, 19 Mar 2009 08:00:00 EST

I rode my motorcycle over 300 miles yesterday. Some was interstate to Chattanooga and from there back roads all the way. went along the occowee and into the Cherokee national Forrest. Im riding the curvy roadway pretty well and along come two rocket bikes (crouch rockets) and pass me on both sides like I'm sitting still. Don't get me wrong these guys are talented riders but the speed advisory signs called for a much slower speed than then were traveling. A "speed advisory" sign is separate and distinct from a "speed limit" sign. (see the link for detailed explanation). Anyway as I was riding along pondering the safety of speeding through the curves in this manner I couldn't help but notice the caution signage to watch for "vehicles crossing the center lane in curves". I also noticed a number of memorial crosses nailed to trees in many of these curves. Something to think about when riding this type of road. I just think you can ride your motorcycle safely and reduce the likelihood of a wreck and serious injury simply by treating advisory signs as simple advise. Ride safe. Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Motorcycle Accident Claims Life of Man Overnight

John@SeriousInjury.com (Blog Author)10088 — Thu, 19 Mar 2009 08:00:00 EST

LEBANON, Tenn. - A fatal motorcycle wreck in Lebanon claimed the life of a man overnight.

Details weren't clear Wednesday morning, but the Tennessee Highway Patrol said the driver of a motorcycle died after losing control and crashing on Leeville Pike and Tucker Gap Road around 10:30 p.m.

No word if alcohol or speed played a factor in the crash

Wrongful Death Suit Filer Over Motorcycle Wreck

John@SeriousInjury.com (Blog Author)10087 — Thu, 19 Mar 2009 08:00:00 EST

Wrongful death suit filed over wreck

CLINTON - A $5 million wrongful death complaint alleges an employee at a Clinton Highway tobacco outlet caused a motorcyclist's traffic death by turning in front of the oncoming cyclist.

Knox County resident Bobby Frank Poynter filed the Anderson County Circuit Court complaint against Bob M. Green of Knoxville and Smokes & Boats LLC.

Killed in the March 11, 2008, collision was Poynter's son, Robert Blake Poynter, the complaint states.

Green had consumed beer with lunch at Big Ed's Pizza in Oak Ridge that day and was returning to Smokes & Boats when he turned his Chevrolet Tahoe in front of Poynter's Suzuki motorcycle, according to the lawsuit.

According to the complaint, Green failed to keep his vehicle under control, didn't signal when turning and was negligent in driving after drinking alcohol.

Smokes & Boats is liable because one of its agents was negligent in operating his vehicle, the lawsuit alleges.

Paris Motorcyclist Killed

John@SeriousInjury.com (Blog Author)10058 — Wed, 18 Mar 2009 08:00:00 EST

DANVILLE — An Edgar County man was killed in a motorcycle crash along Illinois Route 1 during the weekend.

Jacob Tyler, 24, of Paris died after being taken to Paris Community Hospital following the afternoon accident at 5752 Illinois Route 1.

Illinois State Police indicated Tyler was headed south on Route 1 just before 4 p.m. when he slowed to turn east at a home. The driver behind him, Andrew Finley, 18, of Paris, collided with the rear of Tyler’s motorcycle, ejecting him from the Yamaha motorcycle.

Finley was cited on charges of following too closely and failure to reduce speed to avoid an accident.

Looking For Motorcycle Accident Lawyers

John@SeriousInjury.com (Blog Author)10057 — Wed, 18 Mar 2009 08:00:00 EST

I just added this motorcycle blog to the categories on our web site. I did some Google searching last night on motorcycle lawyers, motorcycle injury attorney, that kind of thing, and all the usual personal injury lawyer came up of course. What I found interesting is that many of them, whom I will not name, have probably never tried a case in front of a jury much less a motorcycle injury case, with specific motorcycle property damage issues. It is really pretty simple to select a lawyer that is right for your case. Just ask if they are "Board Certified as a Civil Trial Specialist". Significant trial experience is required to obtain this certification. Phillip Miller has this important certification, and if you have a biker or motorcycle accident injury claim, he has his own motorcycle accident investigator, me. I've been with Phillip 23 years now and have been a harley rider for everyone of them. I am a real biker employed by a law firm that knows how to handle real biker or motorcycle accident cases. Speaking of riding, I rode mine in this morning (leathered up) and plan on ditching the office early to hit the road. The sun is out and the boss is out of town. Ride safe. Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Dealing with Insurance Companies

Phillip@SeriousInjury.com (Blog Author)10023 — Tue, 17 Mar 2009 08:00:00 EST

Dealing with insurance companies can be difficult. It's not an even playing field. There are a few basic things that you should consider. First, be careful when you fill out any forms. The insurance company was deliberate in organizing the form you are completing, and know where to look for information that will allow them to deny a claim or minimize your recovery. Second, document your contacts with the insurance company including the date of contact, name of the person you spoke with, and the what was discussed. You can be sure that the insurance company is tracking every conversation with you, without your own record they may "forget" something that was discussed earlier. If you send anything to the insurance company, make sure it is dated and keep a copy. If you are using email, print and save your emails. For more information click here.

Republican Judges Help State Farm Dodge Bullet in Katrina Case

Phillip@SeriousInjury.com (Blog Author)9916 — Fri, 13 Mar 2009 08:00:00 EST

One of the successful Katrina cases tried in front of a Federal Jury was recently gutted by a panel of judges, 2/3 appointed by past republican presidents, including George W. Bush. The family that had lost their home had insurance with State Farm, and even though State Farm had no proof, it refused to pay the family anything based on the theory that it could have been flooding rather than wind that wiped their house off it's concrete slab. State Farm didn't have any proof that was what happened, but they denied the claim just like they denied thousands of other claims. The Federal Court jury decided that was bad faith and awarded penalties and attorney fees, which ultimately would leave the family with enough to pay their legal expenses AND replace their home. The republican dominated panel at the Court of Appeals reversed the jury and took away all of the money save that for the replacement of the home, saying that while State Farm was wrong - it hadn't acted in bad faith. Remember all the talk show "spin" about "liberal judges"? These judges managed to look at this one case, and State Farm's conduct, without any consideration as to what State Farm was doing with claim after claim after claim post-Katrina. If put into context, State Farm's decision WAS in bad faith. That's what the jury decided after hearing all the evidence, and their verdict should have been upheld. For more information about this decision, click here.

Excessive Fees by Mutual Fund Advisors

Phillip@SeriousInjury.com (Blog Author)9898 — Thu, 12 Mar 2009 08:00:00 EST

While investors in mutual funds haven't done so well in the last year, the same can't be said of the individuals who were advising the mutual funds and being paid millions of dollars. The question in a pending case (Jones v. Harris Associates, 08-586) is whether the investment advisors violated the Federal Investment Company Act and cost investors millions while they profited. The Supreme Court will be considering this important issue. Lower courts have dismissed the case on the basis that the investment advisers cannot be sued unless there is proof that the advisor misled shareholders. For more information, click here.

Layoffs Need to be Fair, Not based on Age

Phillip@SeriousInjury.com (Blog Author)9895 — Thu, 12 Mar 2009 08:00:00 EST

It's no secret that companies are laying off employees in these hard economic times, but those layoffs have to comply with the law. That means that you can't just lay off the older employees and keep the younger employees - but that's seems to be what is happening with some employers. By the end of 2008, the number of age discrimination claims filed with the EEOC had increased 29%, and it looks like it will get higher. For more information, click here.

Swimming Lessons a Must for Toddlers

Phillip@SeriousInjury.com (Blog Author)9789 — Mon, 09 Mar 2009 08:00:00 EST

Swimming lessons are associated with an 88% reduction in the risks of drowning among toddlers. The U.S. Consumer Product Safety Commission estimates that there are approximately 2725 children under 5 are treated annually for near drowning, and 260 or more are killed. With warmer months ahead, and pools opening, now's a good time to get that toddler to the Y or community center for some swimming lessons. For more information about this study, click here.

Long Working Hours Affect Reasoning and Memory

Phillip@SeriousInjury.com (Blog Author)9786 — Mon, 09 Mar 2009 08:00:00 EST

Some people think they can work through fatigue, and some employers expect their employees to work long hours, drink some coffee, and just "suck it up". People who work 55 hours or more per week experience measurable reductions in their short-term memory and in their ability to reason. The ramifications of this study suggest that changes are needed in certain trades and professions where long working hours are the norm, especially when human life or dangerous equipment are involved.
For more information, click here.

What You Need to Know About Tennessee Work Injuries

mindywein@cox.net (Blog Author)9714 — Sat, 07 Mar 2009 08:00:00 EST

An on-the-job injury can result in extensive medical treatment and time away from work. If you have been injured on the job, whether it was on a construction site or in an office, you may be entitled to workers’ compensation benefits. Tennessee Workers’ Compensation law allows injured workers to collect benefits during their recovery.

In Tennessee, employers who have five or more full or part time workers are required to carry workers’ compensation coverage. Employers in construction and mining are all required to carry this type of insurance.

There are steps in applying for workers’ compensation benefits. The first thing you must do following a work-related accident or injury is to notify your employer. It is best to notify your employer in writing and it must be done within 30 days of the date of your injury or the date that a physician first informed you that your injury was work-related.

After being notified of your injury, your employer has to contact the insurance company within two working days. The insurance company then has 15 days to accept or deny your claim. You will receive a notification from the insurer regarding the decision and if you disagree with the outcome, you are entitled to a second opinion, but it is usually at your own expense.

If your workers’ comp claim is accepted, you should start receiving payments within 15 days. Payments equal 66 2/3 percent of your average weekly wages for the past 52 weeks.

Contact the Tennessee workers’ compensation lawyers at Phillip Miller & Associates if you have been injured on the job at (800) 337-HURT (4878) or (615) 356-2000. We will make sure that you are treated fairly by your employer and the insurance company.

The article, “What You Should Do Following a Work Injury in Tennessee,” has more information on this topic.

Dirty Tricks by Bush Administration

Phillip@SeriousInjury.com (Blog Author)9645 — Thu, 05 Mar 2009 08:00:00 EST

Why would an administration in its last days pass a rule that makes it more difficult for elderly people and their families to bring legitimate claims for nursing home abuse? $ ? "Friends" who have contributed $ in the past ? The Bush Adminstration in its last days passed a rule that classifies nursing home inspectors and others as Federal employees who can only be called to testify with the permission of the Secrectary of Health and Human Services. The notes from their inspections, the names of witnesses, and other critical information cannot be obtained even when it is critical to proving what happened. Even though lawsuits and fear of lawsuits has brought about most nursing home reforms, the administration justified its action as giving employees more time to do their jobs. Right.

If you want to learn more about how this new "rule" is affecting people who have claims against nursing homes, click here.

Food Safety

Phillip@SeriousInjury.com (Blog Author)9629 — Wed, 04 Mar 2009 08:00:00 EST

The recent problems with salmonella in peanut butter have reminded us that our food supply is not as safe as we have always assumed. Clearly, part of the problem is that some large farm and wholesale food outlets don't understand the risks of contamination and how to avoid it...and no one is checking on them. According to the Center for Disease Control 5,000 people die every year from food contamination, and more than 300,000 are hospitalized. People who put contaminated food on the market cannot plead ignorance for much longer.

Watch Out For Tired Truckers on Tennessee Roads

mindywein@cox.net (Blog Author)9600 — Wed, 04 Mar 2009 08:00:00 EST

You don’t want to think about the possibility that the trucker driving the 18-wheeler behind you could be extremely drowsy. Tired truckers often have slower reaction times to potential hazards and have difficulty focusing on the road. That means if you slam on your brakes to avoid an accident, the truck driving behind you may not stop in time.

Federal regulations allow truckers to drive 11 hours straight, which is part of the Hours of Service (HOS) rules, which specify how long a trucker can drive without taking a break. These rules are supposed to keep truckers from becoming too tired to drive, which can lead to serious truck crashes.

There has been some debate regarding the amount of time a truck driver should be allowed behind the wheel and the research that has been done on this subject has come up with various results. For example, the National Transportation Safety Board found that as many as 30 to 40 percent of large truck accidents are associated with tired truckers. However, the Federal Motor Carrier Safety Administration believes that only 5.5 percent of all large truck crashes can be linked to driver fatigue.

If you have been injured in a large truck accident in Tennessee, you need to contact an experienced truck accident lawyer at Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000. Truck accident cases are complex, but we have the experience to go head to head with trucking companies and their insurance companies.

The article, “Tired Truckers Cause Serious Accidents,” has more information on this topic.

Another Drug Company Gets Caught

Phillip@SeriousInjury.com (Blog Author)9546 — Mon, 02 Mar 2009 08:00:00 EST

Another drug company, AstraZeneca, has been forced to admit that it knew about potential health risks with a drug, but instructed its salespeople to lie to doctors about the risk. One of AstraZeneca's own doctors warned the company that their drug Seroquel could cause diabetes in some users, but they went ahead and deliberately misinformed doctors who might prescribe the drug to their patients. The truth has come out only after they have more than 9000 lawsuits pending by people who were injured.

For more information about this story, click here.

Dirty Syringes -Direct from the manufacturer

Phillip@SeriousInjury.com (Blog Author)9420 — Wed, 25 Feb 2009 08:00:00 EST

AM2PAT Inc. a North Carolina company is in the business of making syringes, including syringes used to give heparin and saline. These syringes are labelled "Sterile" and any doctor, nurse, or patient would expect them to be sterile. Unfortunately, sterilization was a step AM2PAT skipped. The syringes were not sterilized before shipping. Even worse, the company falsified testing that was submitted to the FDA. Their syringes have killed five people and sickened hundreds of others, some resulting in spinal meningitis and permanent brain damage. Scary, eh? The FDA is taking some heat on this, but an American company that sends out non-sterilzed syringes and lies about it? Who would imagine that would happen?

Stimulus Money for Worker Safety

Phillip@SeriousInjury.com (Blog Author)9313 — Sat, 21 Feb 2009 08:00:00 EST

As part of the stimulus bill, OSHA will receive a portion of $80 million for "worker safety initiatives". While I am not sure what that means exactly, or how it might be used, any initiative on worker safety will be worth the money. The costs of on the job injuries to families and communities is far greater than what it costs an individual employer or their insurance company. Too many employers treat their injured workers like damaged goods that should be discarded as soon and as inexpensively as possible. I don't know that that will change. I do know that programs that keep safety foremost in the minds of workers can make a difference. When someone comes to us after being injured on the job, we are gratified to have been chosen as their attorneys, but if we can get them back to work making money - that's what we take the most satisfaction from.

Child Support Can be Taken from Work Comp Payments

Andrea@SeriousInjury.com (Blog Author)9221 — Wed, 18 Feb 2009 08:00:00 EST

If you are receiving workers' compensation permanent partial disability benefits (otherwise known as "TTDs") while you are off from work, this money is considered income. Therefore, if you have a child support obligation, you are obligated to pay child support out of your workers' compensation benefits. In Tennessee, the statute precluding assignment of workers' compensation benefits and exempting those benefits from the claims of creditors do not prohibit consideration of workers' compensation benefits as income for purposes of determining a child support obligation. Tennessee law clearly holds that workers' compensation payments are considered income for calculation of child support obligations.

Moreover, if you receive a lump sum payment for your permanent partial/total disability, a Tennessee Court may assign part of your lump sum workers' compensation settlement to satisfy any outstanding judgment(s) for arrearages in child support payments.

If you have a child support obligation and are receiving workers' compensation benefits, talk to your attorney. It may be advisable to ask the Court to reduce your monthly child support obligation due to your change in income or earning capacity.

If you have been injured while working in Tennessee, you may be entitled to workers’ compensation benefits. If you have questions, the article entitled Tennessee Workers’ Compensation Benefits will help you understand your rights. A Tennessee workers’ compensation attorney can help you receive the workers’ comp benefits for which you are entitled and will ensure that you are treated fairly. If you have been injured and are considering filing a workers’ comp claim, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Cell Phone Ban Called for by National Safety Council

Phillip@SeriousInjury.com (Blog Author)9187 — Mon, 16 Feb 2009 08:00:00 EST

I have written in the past on the potential dangers of cell phone use, and the inconsistent laws that deal with who can or cannot use a cell phone in a vehicle. Well, the National Safety Council has weighed in and called for a total ban, for anyone driving. Whether you are young (banned in a number of states) or a school bus driver (also presently banned in some states) or just a regular person - the NSC wants cell phone use banned while driving. They've got some pretty compelling statisitics to back themselves - annual crash losses of $43 billion. Sheesh.

Amusement Rides

Phillip@SeriousInjury.com (Blog Author)9183 — Mon, 16 Feb 2009 08:00:00 EST

This weekend I did some focus groups on a case involving an amusement park ride death. I didn't know alot about amusement park rides, but the attorneys who had this case had done a ton of work educating themselves. In the end, the educated me too. The bottom line; these rides are complicated pieces of machinery that require operators and maintenance workers who are well trained professionals. Once the ride is sold, the manufacturers don't do much to make sure the new owner can really operate the machine safely...and the new owners don't always realize all that is involved. It's a deadly combination of "it's not my job" from both manufacturers and operators that can result in tragedy. Two points: 1. the shadier the operation the less trust I would put in the machine being safe and 2. even if the operation isn't "shady" you can't know for sure that the machine is really safe.

Using a Cell Phone While Driving in Tennessee

mindywein@cox.net (Blog Author)9092 — Fri, 13 Feb 2009 08:00:00 EST

Several states have already enacted laws banning the use of hand-held cell phones while driving. Currently, Tennessee is not one of them. In Tennessee, you are allowed to use a cell phone while operating your vehicle, but there is a chance that the law could eventually change.

Research has shown that using a cell phone while driving increases the risk of a serious car accident. The Harvard Center of Risk Analysis concluded from its study that using a cell hone while driving accounts for 6 percent of car crashes each year in the United States. Even though 6 percent doesn’t seem like a high number, when you review the total number of crashes in the country, it means that 636,000 accidents, 330,000 injuries, 12,000 serious injuries and 2,600 deaths can be attributed to drivers using cell phones.

Another study was conducted by the National Highway Traffic Safety Administration that showed that the majority of auto accidents happen within three seconds of a distraction. When it comes to cell phones, that means if a driver looks down for three seconds to dial a telephone number or reaches for a ringing cell phone, the odds of causing a car accident increases.

In Sullivan County, a ban on cell phones has been proposed. However, two of the county commission’s three primary committees said that they will not endorse the resolution to ban hand-held cell phones while driving.

The National Safety Council is lobbying for a nationwide ban on drivers using cell phones and other messaging devices while driving. The organization is planning to lobby all 50 states plus Washington D.C. to enact laws that ban both hand-held and hands-free cell phones, as well as texting while driving. If successful, Tennessee could join the states that ban cell phones while driving.

The article, “Will Cell Phones be Banned in Tennessee,” has more information on cell phone bans.

If you have been injured in a car accident that was caused by a distractive driver, you may be entitled to compensation. Contact the Tennessee car accident attorneys at Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for expert legal advice.

Solar Power

Phillip@SeriousInjury.com (Blog Author)9061 — Thu, 12 Feb 2009 08:00:00 EST

Last December we completed the installation of a photovoltaic array (solar panels) on the roof of our offices on Woodland Street. In the hot summer months, it produces about 1/2 of our electricity needs. In the cooler spring and fall months, it generates as much as 75%. Businesses across Tennessee could benefit from these systems, and generate jobs in the process. The panels on our roof were made by Sharp Electronics in Memphis! Governor Bredesen is proposing a solar research lab here in Tennessee, and in December he announced that Hemlock Semiconductor will be building a $1.2 billion dollar plant in Clarksville that will produce the raw material use to make solar cells. There is potential for this initiative to make a difference in jobs here in Tennessee as well as moving us away from dirty power sources like coal.

Economic Stimulus Package

Phillip@SeriousInjury.com (Blog Author)9016 — Wed, 11 Feb 2009 08:00:00 EST

No one has the answers to all of the questions that can be asked about this topic. Will it work? We hope so. Will it create jobs? We hope so. The simple fact is that there are no guarantees and it might not work. That seems to be all that some politicians and talk-show hosts can talk about. They don't have solutions, they just want to be able to say "I told you so". If they are right, we'll never hear the end of it. If they are wrong, they'll explain how they really WERE right. The best minds in the country say do something BIG now. It's a chance I am willing to take as a citizen and taxpayer.

Driving in the Rain

Phillip@SeriousInjury.com (Blog Author)9015 — Wed, 11 Feb 2009 08:00:00 EST

Today high winds and heavy rain are blowing through much of the country. There's a tendency to think it we can drive through weather like this, and sometimes we can. The problem is that the amount of water that can flood the road makes stopping difficult, and visibility can be very poor. The best approach? Pull off, force yourself to listen to 2 songs on the radio (about 6 minutes), and then see if conditions have improved. With weather like today, that's the safest approach.

Motocross Stunt Rider Killed in Accident

John@SeriousInjury.com (Blog Author)8993 — Tue, 10 Feb 2009 08:00:00 EST

SAN JOSE, Costa Rica (AP)—Jeremy Lusk, an American freestyle motocross racer, died of head injuries Tuesday after crashing while trying to land a backflip in competition. He was 24.

Jorge Ramirez, chief of the intensive care unit at Calderon Hospital where Lusk was taken, said the motocross racer suffered severe brain damage and a possible spinal cord injury.

Lusk won a gold medal at the 2008 X Games. He was injured Saturday night when he failed to complete a full rotation while attempting a Hart Attack backflip and slammed headfirst into the dirt. Lusk crashed in almost identical fashion in the freestyle semifinals at the 2007 X Games but was not hurt.

Motorcycle accident results in death

Phillip@SeriousInjury.com (Blog Author)8967 — Tue, 10 Feb 2009 08:00:00 EST

The warm weather has the bikers out early this past weekend in Nashville. Unfortunately, one couples ride ended tragically when their 2005 Harley Davidson crashed on saturday afternoon, resulting in the death of the quest passenger and serious injury to the driver. Alcohol was allegedly involved and neither were wearing helmets. We need to think about what we are doing at all times before we ride.

Traffic Deaths Down - but for how long?

Phillip@SeriousInjury.com (Blog Author)8853 — Sat, 07 Feb 2009 08:00:00 EST

The National Safety Council's data on traffic deaths for 2008 show a dramatic 9% drop. Some part (not all) of the reduction was due to reduced driving because of gas prices, but overall the 2008 death rate was at its lowest since the 1920's. Still, there were 39,800 vehicle related deaths in 2008, too many considering the advances that have been made in auto safety. It's hard to imagine a tragedy like this happening to you, or someone close to you. Unfortunately, we meet people every week who have have lost someone. When that happens, it doesn't make any difference if the death rate has come down. For you, it's 100%.

Habitat for Humanity

Phillip@SeriousInjury.com (Blog Author)8851 — Sat, 07 Feb 2009 08:00:00 EST

I spent the day working on a Habitat for Humanity house in New Orleans. The two houses I worked on were part of a 14 home development in "Bacatown", and are part of a Habitat project funded by Presbyterian churches across the country. My team was just one of the volunteer groups that supplements the teams of Presbyterians who come in and work for a week or more at a time. A great day, and a great house for a family that needs one.

A Speed-Related Accident Can Cause Serious Injuries

mindywein@cox.net (Blog Author)8766 — Thu, 05 Feb 2009 08:00:00 EST

When a driver is speeding, the chances of causing a car accident increase dramatically. According to the National Center for Statistics and Analysis (NCSA), nearly one third of traffic deaths are speed-related, meaning at least one of the drivers was traveling faster than the posted speed limit or was driving too fast for the conditions.

The study found that impaired driving, distracted driving, aggressive driving and speeding are among the leading causes of car accidents in the United States. When a driver is speeding, he or she has less time to respond or avoid a hazard and has an increased chance of losing control of the car. As a result, the driver has the potential to cause a serious car accident.

According to the NCSA study, when a driver was drunk, the odds of causing a car crash increased significantly. Researchers found that 41 percent of drivers who were drunk, were also speeding as compared to 14 percent of drivers who were not intoxicated.

Almost half of the accidents involving speeding occurred when the driver was negotiating a curve and most of the fatal single-car accidents took place on rural roads. Researchers also found that drivers are more prone to speed at night, between 3:00 PM and 3:00 AM, than during daytime hours.

A collision caused by a speeding driver can cause serious injuries, including brain injury, spinal cord injury, broken bones and other serious conditions, such as paralysis. If you were in a car accident caused by a driver who was speeding, you may be entitled to compensation for the injuries you sustained in the crash. You should talk with a Tennessee car accident attorney at Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000.

The article, “Speeding Often Leads to Serious Car Crashes,” has more information regarding the NCSA study.

Emergency Supplies for the Car or Truck

Phillip@SeriousInjury.com (Blog Author)8666 — Mon, 02 Feb 2009 08:00:00 EST

Being disabled in your car or truck is more than inconvenient, it can be dangerous too. Here are few items you should have in your trunk:
1. Jumper cables - dead batteries are to blame for most cars being disabled, and they last forever.
2. Hazard triangles - having at least 3 allows you to warn vehicles coming from behind that you are ahead on the road disabled. They can save both you and others from an unnecessary collision.
3. Windshield scraper - we don't get a lot of snow and ice, but when it happens you can't drive safely without getting the snow and ice off the windshield. They are inexpensive, last forever, and work alot better than trying to scrape the windows with your visa card.
4. Flashlight w/spare batteries - if you are disabled, it's bound to be dark.
5. Flat tire inflator - I have a small compressor that hooks up to the cigarette lighter, and have had it in my trunk for more than 10 years. Worth every penny, although even cheaper alternatives (compressed air/flat repair in a can) are available.

Gas Leak Causing Death

Phillip@SeriousInjury.com (Blog Author)8664 — Mon, 02 Feb 2009 08:00:00 EST

In 2004, an elderly lady in Alabama died of carbon monoxide poisoning in her home. Before her death, gas company inspectors had come to her home and tagged her furnace as being defective. Then other company employees supplied gas anyway. A classic case of the left hand not know what the right hand was doing, and no one taking the time to explain to the one person in the world who needed an explanation. I am sure there was a lot of "It's not my job" going on, but we owe our older citizens some special effort don't we?

In 2007 the case was tried and the jury returned a verdict for the family; a verdict that was large enough to make the gas company think a little harder about how to avoid this kind of tragedy in the future.

Driver Logs

Phillip@SeriousInjury.com (Blog Author)8661 — Mon, 02 Feb 2009 08:00:00 EST

Tractor trailer drivers are required under Federal Law to maintain logs that reflect the driver's "hours of service." The idea behind this requirement is to protect both the driver and the public from unsafe driving practices that include fatigue, speeding, and the use of drugs as a stimulant. The logs must be completed for every 24 hour period, and they must be reported to the employer within 13 days. In theory a employer could catch mistakes by drivers, and drivers who were falsifying logs, by examining the logs. In some cases the logs make no sense, and in others they conflict with gas bills, delivery documents, and GPS tracking data from the trucking company. In practice, there are many companies who pay little attention to the logs beyond checking that the driver hasn't violated the rules on the numbers of hours they are allowed to drive in an 8 day period (70 hours) or the number of hours on duty without having 10 hours off-duty (11 is the maximum on-duty hours).

It's important to know that trucking companies are only required to keep these logs for 6 months. Hiring an attorney to make sure the logs are preserved is an important first step for anyone involved in a tractor-trailer collision.

U.S. Chamber of Commerce Loves to Help Big Business

Phillip@SeriousInjury.com (Blog Author)8510 — Tue, 27 Jan 2009 08:00:00 EST

The "U.S. Chamber of Commerce" sounds like an organization that would help everyone. Commerce is good for everyone isn't it? Doesn't "a rising tide lift all ships"? Unfortunately their agenda is all about helping the people that give them money - big business. And they spend ALOT of it lobbying. In fact, they are the biggest single lobbyist in Washington, pumping more than $62 million into lobbying in 2008. And how much of it went to issues that might directly help consumers (like credit card reform or mortgage relief) ? Nada, Zero, Zip. The "Chamber" is the same group that pushed for privatiizing social security, and who would have won on that deal? Their clients. Who would have lost? The rest of us.

Doctors Should Admit their Mistakes

Phillip@SeriousInjury.com (Blog Author)8452 — Mon, 26 Jan 2009 08:00:00 EST

Everyone, including doctors, can make a mistake. People call us every week who are unhappy with their doctor and the outcome of a surgery or other medical care. Most of the time, they would have been satisfied (and never called us) if the doctor had simply admitted a mistake and treated them like human beings. Unless there has been a catastrophic injury or death, most people cannot afford to sue a doctor or hospital (it's very very expensive).

A recent Massacusetts case is a classic example. A 32 year old woman is given a drug after a c-section that drops her blood pressure, causes a heart attack, and kills her. The family sues. The doctor fights the case all the way to trial and loses. The response by the doctor's lawyer? The jury verdict finding the doctor responsible was "a curious and unexplainable verdict". I would say that a 32 year old woman dying after a c-section was a curious and unexplainable medical event, wouldn't you?

Trichloroethylene Exposure

Phillip@SeriousInjury.com (Blog Author)8449 — Mon, 26 Jan 2009 08:00:00 EST

When workers are exposed to toxic chemicals at work, and they develop serious disease years later, they cannot count on workers' compensation (or the work comp doctors) to protect them. The most notorious example is workers who were exposed to asbestos. The asbestos manufacturers deliberately hid the truth about asbestos for decades. They weren't caught in their lies until the 1970's when the facts came out as a result of lawsuits by injured workers. Many of those workers were dead or dying from asbestos exposure. Until they could not deny it any longer, work comp doctors and employers denied claims for many workers.

Now trichloroethylene exposure has been linked to the development of Parkinson's Disease, and guess what? If you developed neurological problems after working with and around Trichloroethylene the chances are that the work comp doctor told you he couldn't say it was related and your workers' comp claim was denied. There's still not alot of science that links Trichloroethylene to Parkinson's and other neurological problems - which means that workers will continue to have doctors telling them "We can't say this was caused by your exposure" and having claims for workers' compensation denied. Maybe after all the Trichloroethylene workers are dead they will admit it.

Government Regulation on Pollution

Phillip@SeriousInjury.com (Blog Author)8448 — Mon, 26 Jan 2009 08:00:00 EST

The New England Journal of Medicine has reported that research done by Brigham Young University and the Harvard School of Public Health now confirms that reductions in air pollution over the last 25 year has increased life expectancies for Americans. I remember when big businesses and their representatives tried to minimize the significance of air pollution and its health risks. It was always something else that was causing people breathing problems, and they certainly didn't think they needed to be regulated by us in any way. Let free enterprise ring! (or in other words - don't interfere with our profits).

Fortunately, clean air regulations were passed more than 25 year ago - and we need more. Expect to hear the same arguments again, made by the same people who think Global Warming is just a coincidence, and that it would have been a great idea for the government to put the social security trust fund into the stock market. Think of all the commissions for Wall Street that would have generated...and how much would be left of social security now.

Economy, education helped cut highway fatalities

John@SeriousInjury.com (Blog Author)8443 — Mon, 26 Jan 2009 08:00:00 EST

The number of people killed in traffic crashes in Rutherford County is down for 2008, a total reduction of 5 fatalities according to the highway patrol. A total of 29 people lost their lives in Rutherford County in 2008, including 6 people on motorcyles. For more information, click here.

Teen only cell phone bans

Phillip@SeriousInjury.com (Blog Author)8313 — Wed, 21 Jan 2009 08:00:00 EST

Teenagers are at greater risk for being in collisions for a variety of reasons. The prevalence of cell phones is a significant source of distraction for teenage drivers who may be texting continually while they are driving (yes I know it's crazy but it's a fact you can probably observe on your own if you know any teenagers). While there are statewide cellphone bans in 7 states, there are "teen only" cell phone bans in another 13 states. How does that make sense? I am glad the legislatures moved forward with these cell phone bans, but targeting teens when there are 100 million drivers using cell phones? Teens may be inexperienced drivers, but the risks of distraction are not limited to those under 21.

Legislators tend to introduce bills if there has been some tragedy, or if an constituent pushes something fairly hard. The result often doesn't make much sense. As an example, Coiorado bans teenagers from using cellphones, but it's alright for a school bus driver to use a cell phone. Georgia bans school bus drivers from using cell phones while driving, but teens (and anyone else) can use a cell phone while driving. Tennessee is at least consistent. We treat teenagers and school bus drivers the same, neither is supposed to drive while using a cell phone.

Driver Inattention - Cellphones

Phillip@SeriousInjury.com (Blog Author)8311 — Wed, 21 Jan 2009 08:00:00 EST

Why is it that every time a cell phone buzzes or rings that some people think they must immediately respond? According to the National Safety Council cellphones are becoming more and more of a problem. 80% of all crashes are caused by driver inattention, and people using cell phones (100 million use them while driving) are 4 times more likely to be in a crash. Cell phone use may contribute to 636,000 crashes annually and more than 2,600 deaths.

Today one of our clients was in for a recorded statement requested by their uninsured motorist carrier, a fairly routine matter. Naturally we spent time with the client beforehand, reviewed the accident report prepared by the police, and assured them we would be on the call the entire time. It was an uneventful, straightforward interview and our client did great. Guess what one of the questions was by the adjuster? That's right, "Were you talking on your cell phone?"

If the cell phone rings or buzzes while you are driving, ignore it. There will be time later. The odds are that there is no call that is important enough to put yourself and others at risk.

For more information on the National Safety Council's position, click here.

Kids Should Know About Seat Belts

Phillip@SeriousInjury.com (Blog Author)8285 — Tue, 20 Jan 2009 08:00:00 EST

I was driving with my young niece one warm summer evening when a woman in the convertible ahead of us stood up and waved. She was stark naked! As I was reeling from the shock, my 5-year-old niece shouted from the back seat, 'Uncle Flip, that lady isn't wearing a seat belt!'

Obviously my niece is a young woman who knows what's important. Her uncle's training no doubt. :)

Yes We Can

Phillip@SeriousInjury.com (Blog Author)8284 — Tue, 20 Jan 2009 08:00:00 EST

We have a new President today who has a vision for our country, a vision that calls for tough decisions, hard-work, and sacrifice. We need to remember the words spoken today in the weeks and months ahead. It won't be easy as the tough times continue.

Barack Obama has the ability to inspire and unite our people but he can't do it by himself. If we remember we are one people as he has said so many times, and we do our part, we can help him make a difference.

Saving on Car Insurance

Phillip@SeriousInjury.com (Blog Author)8283 — Tue, 20 Jan 2009 08:00:00 EST

I recently read and wrote about the increased number of drivers who were uninsured, mostly as a result of tough economic times. Everyone one is looking for ways to save money, but getting rid of your car insurance should be at the bottom of your options. Instead, look for ways to reduce your insurance premiums and keep some of the protection it offers you and your family. As an example, increasing your deductible to $1000 can reduce your premium 15-20%. I know "I can't afford to pay $1000 if my car is wrecked", which may be true. Can you afford to go without any insurance at all because the monthly payments are too high? If you have an older car, do you really need to carry collision and comprehensive (for things like windshield damage, etc.) How much would you save if you dropped comprehensive and collision on that older car? These are tough decisions, but compromising is better than dropping your coverage completely.

More Uninsured Motorists As Economy Weakens

Phillip@SeriousInjury.com (Blog Author)8281 — Tue, 20 Jan 2009 08:00:00 EST

There have always been uninsured motorists, and when they cause a collision you are on your own...unless you have uninsured motorist coverage. Uninsured motorist coverage is required in policies issued in states like Tennessee, and if you have the misfortune to be in a wreck with someone who is uninsured, your insurance company steps in and acts as if they are the insurance company for the other driver, including hiring them an attorney if necessary. In the end, you get paid for your medical expenses, lost income, and any other damages you are entitled to receive. That's a good thing.

The percentage of uninsured drivers nationwide is generally around 10%, but it can be as high as 25% or higher in states like Alabama, Mississippi, and California. Unfortunately the economy is affecting the number of uninsured drivers everywhere, with estimates running as high as 40%. Times may be tough, but if you are in a wreck with an uninsured driver and you have no uninsured motorist coverage, the effect on you and your family could be catastrophic. If you have insurance, keeping it in tough economic times is important, and if you don't have uninsured motorist coverage, consider adding it.

President-Elect Barack Obama Nominates Hilda Solis as new Secretary of Labor

Andrea@SeriousInjury.com (Blog Author)8229 — Mon, 19 Jan 2009 08:00:00 EST

President-elect Barack Obama has chosen to nominate California Democrat Hilda Solis as his administration's Secretary of Labor, the cabinet-level position that oversees the Department of Labor.

Ms. Solis has championed a bill, called the Employee Free Choice Act, a bill that would enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.

The A.F.L.-C.I.O supports Ms. Solis and has stated that, “We’re confident that she will return to the Labor Department one of its core missions: to defend workers’ basic rights in our nation’s workplaces. She’s proven to be a passionate leader and advocate for all working families.”

The AFL-CIO, through its state organizations, fights to protect and improve workers' compensation laws. If the AFL-CIO is behind Ms. Solis' nomination, it appears that President-Elect Obama has made a early decision to stand for the rights of American workers who have been injured on the job. This is an encouraging start for his new administration. I am optimistic that the nomination of Ms. Solis will positively impact the workers' compensation law and benefits.

If you have been injured while working in Tennessee, you may be entitled to workers’ compensation benefits. If you have questions, the article entitled Tennessee Workers’ Compensation Benefits will help you understand your rights. A Tennessee workers’ compensation attorney can help you receive the workers’ comp benefits for which you are entitled and will ensure that you are treated fairly. If you have been injured and are considering filing a workers’ comp claim, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Loud Music Whiplash

Phillip@SeriousInjury.com (Blog Author)8179 — Fri, 16 Jan 2009 08:00:00 EST

A study in the British Medical Journal says that "headbangers" are at risk for head and neck injuries when they bob their head to the beat with fast-tempo songs. The study was done at the University of New South Wales in Sydney, Australia (there must be alot of headbangers down there).

Researchers found the injury risk begins when headbanging exceeds 75 degrees during an average heavy-metal song of 146 beats per minute. Faster tempo songs have about 180 beats per minute. "The physical limitations of the neck muscles make it difficult for the head to travel through a large range of movement while headbanging to songs of such a high speed," researchers reported in the study, which was published Dec. 17, 2008.

Possible fixes? Nodding to every second beat (maybe), using protective equipment (completely uncool) or switching to adult-oriented rock (yeccch.)

Fosamax Linked to Other Problems

Phillip@SeriousInjury.com (Blog Author)8147 — Fri, 16 Jan 2009 08:00:00 EST

Fosamax is taken by almost 30 million Americans. It has been an effective treatment for osteoparosis, but unfortunately it has been linked to a condition called osteonecrosis of the jaw, literally the rotting away of the jaw bone. Another example of the cure being worse than the disease. Most recently the Food and Drug Administration has reported cases of esophageal cancer in patients who were taking Fosamax. Not everyone at risk for osteoparosis should be on Fosamax, or needs to be. If you haven't done so already, consider a conversation with your doctor about your individual risk factors for osteoparosis, and your alternatives to taking Fosamax.

Credit card charges: How about a little "bailout" for consumers?

Phillip@SeriousInjury.com (Blog Author)8145 — Fri, 16 Jan 2009 08:00:00 EST

While big financial institutions may be having problems because of their investment s in complex, mortage backed securities, they are doing just fine when it comes to their profits from consumer credit cards. Too "fine" if you ask me, and they may start looking to our credit cards to make up for their losses. These companies can hike interest rates on our balances or charge us higher fees for no reason whatsoever. I just sent a message to Congress to do something about it, and I hope you will, too!

The Federal Reserve and other federal agencies recently issued new rules for card companies, but then gave them 18 months before they have to comply. When do we get 18 months notice? When our rates go up, we're lucky if we get 30 days! So for the next 18 months, card companies can increase our rates and fees and continue to squeeze us to make up for their losses on Wall Street.

That's why credit card reform must be included in any economic rescue package that goes to the President. This is the economic rescue for the rest of us that won't cost taxpayers anything! It is time to prohibit credit card companies from arbitrarily hiking interest rates on our card balances, and stop ‘bait and switch’ clauses that let them change interest rates and fees for any (or no) reason whatsoever.

The more people who send a quick message to their Senators and Representative, the better chance we have at putting Main Street, not just Wall Street, first in the economic rescue debate.

Take action at: http://creditcardreform.org/

Road Rage

Phillip@SeriousInjury.com (Blog Author)8118 — Thu, 15 Jan 2009 08:00:00 EST

A man was being tailgated by a stressed-out woman on a busy boulevard. Suddenly, the light turned yellow just in front of him. He did the right thing, stopping at the crosswalk, even though he could have beaten the red light by accelerating through the intersection.

The tailgating woman was furious and honked her horn, screaming in frustration, as she missed her chance to get through the intersection, dropping her cell phone and makeup.

As she was still in mid-rant, she heard a tap on her window and looked up into the face of a very serious police officer. The officer ordered her to exit her car with her hands up.

He took her to the police station where she was searched, fingerprinted, photographed, and placed in a holding cell. After a couple of hours, a policeman approached the cell and opened the door. She was escorted back to the booking desk where the arresting officer was waiting with her personal effects.

He said, 'I'm very sorry for this mistake. You see, I pulled up behind your car while you were blowing your horn, flipping off the guy in front of you, and cussing a blue streak at him. I noticed the "What Would Jesus Do" bumper sticker, the "Choose Life" license plate holder, the "Follow Me to Sunday-School" bumper sticker, and the chrome-plated Christian fish emblem on the trunk. Naturally...I assumed you had stolen the car.'

A joke, but a good reminder for all of us.

Injured on the Job in Tennessee?

mindywein@cox.net (Blog Author)8083 — Wed, 14 Jan 2009 08:00:00 EST

If you have been injured on the job in Tennessee, you may be entitled to workers’ compensation benefits. These benefits are designed to provide you with weekly income, as well as medical benefits. The article, Tennessee Workers’ Compensation Benefits, discusses in depth the benefits available to injured workers.

Workers’ comp benefits are paid through your employer’s insurance company and usually begin about fifteen days after the date of your injury. After a work-related accident, you will need to see a treating physician who will be the one to decide if you need to take time away from work to recover from your injuries. Your employer is required by law to provide you with a panel of three different physicians to choose from. Once you select your physician, he or she will become your “authorized treating physician” and will oversee your medical treatment. The authorized treating physician will be able to provide you with a doctor’s statement for time away from work.

Weekly benefits are paid at least semi-monthly and are calculated as a percentage of your gross income. Workers’ comp benefits are equal to 66 2/3 percent of your average weekly salary. Your employer will be required to submit a wage statement that reflects your gross earnings for the last 52 weeks. This amount is divided by 52 and then multiplied by .6667. The total is your weekly workers’ compensation rate. For example, if you made $40,000 the previous year, your weekly workers’ compensation rate would be $512.85 (40,000/52 x .6667).

The process to apply for workers’ compensation benefits in Tennessee can be complex, especially if you are dealing with an uncooperative insurance company and employer. A Tennessee workers’ compensation attorney can help you receive the workers’ comp benefits in which you are entitled and will ensure that you are treated fairly. If you have been injured while working in Tennessee and are considering applying for workers’ comp, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Avid motorcycle rider, Cpl. Johnathon T. Burnette, USMC, of Cookeville, Tennessee has lost his life

John@SeriousInjury.com (Blog Author)8019 — Mon, 12 Jan 2009 08:00:00 EST

This proud young Marine has lost his life in the service of his country. Read more about this fallen hero at www.patriotguard.org.

Texting While Driving

John@SeriousInjury.com (Blog Author)7930 — Thu, 08 Jan 2009 08:00:00 EST

NASHVILLE, Tenn. - 46 percent of teenagers admit to texting while driving. The police have indicated texting to be the cause of hundreds of accidents

Tennessee State Senator Jim Tract has proposed a bill for 2009 that would fine people who text while driving.

Some states like New York have already adopted a hand-free policy, making it illegal to hold a cell phone while driving.

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Compensation for Whiplash from a Tennessee Car Accident

mindywein@cox.net (Blog Author)7922 — Wed, 07 Jan 2009 08:00:00 EST

If you think you have sustained a whiplash injury from a car accident in Tennessee, you may be entitled to compensation. Even though whiplash is not a life threatening injury, it can still cause inconvenience as you are forced to take time off of work during your recovery and may incur high medical expenses. If the other driver was to blame for your injuries, you should talk with a car accident attorney immediately to find out your legal rights.

Whiplash is a common injury that occurs during a rear-end collision. It is the result of an overextension of the neck. When a car rear ends your vehicle, your body may be pushed forward, but your head may remain momentarily behind. This action can cause your head to rock up and back, tearing ligaments and muscles. Whiplash is painful and the symptoms can last for years.

If you have been injured in a car crash, you need to be aware of the signs of whiplash. Some of the most common whiplash symptoms include fatigue, neck pain or stiffness, headache, arm pain or weakness, vision problems, shoulder pain or stiffness, ringing in the ears, jaw pain and back pain. A recent Swedish study found that whiplash victims are five times as likely to have temporomandibular joint (TMJ) pain and or dysfunction following a car accident. TMJ disorder is a medical problem that affects the jaw joint.

You can pursue compensation for your whiplash injury and may be able to recover damages for medical expenses, lost income, pain and suffering and other expenses associated with your injury. Contact the Tennessee car accident lawyers at Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 to review your case.

The article, Whiplash Caused by a Car Accident in Tennessee, has more information on this topic.

Pedestrian Fatally Injured Crossing Main Street

John@SeriousInjury.com (Blog Author)7904 — Wed, 07 Jan 2009 08:00:00 EST

A pedestrian Allen Young, age 44 was killed Friday night in Nashville after being hit by a car while attempting to cross main street. No charges have been filed in the incident and none are expected.

Leather Jackets Can Reduce Injuries and Remain Stylish

John@SeriousInjury.com (Blog Author)7876 — Tue, 06 Jan 2009 08:00:00 EST

Road rash, picking the gravel from your skin one piece at a time, all very unpleasant. many of us have ben there and don't care for do overs. Even on warmer days it is always advisable to wear the appropriate motorcycle gear. Not only does it help protect you from injuries, the right leather look pretty damm good too.

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT. Loco Logan

WilliaM Max Rose dies in car crash

John@SeriousInjury.com (Blog Author)7870 — Tue, 06 Jan 2009 08:00:00 EST

MEMPHIS, TN - William "Max" Rose, the 19 year-old son of prominent Memphians Gayle and Mike Rose, died Saturday, January 3, 2008 from injuries he received in a car accident. Rose and two friends, also from Memphis, were headed back to college at the University of Denver when their SUV crashed Friday near Tonkawa, Oklahoma.

Rose's mother is Gayle Rose, a Harvard-educated businesswoman, who in 2006, became the CEO of EVS, Electronic Vaulting Services Corp. She was also part of the team that worked to bring the Grizzlies to Memphis. She's been named among the "Who's Who in Memphis" by Memphis Magazine at least 8 times. Business Tennessee magazine also listed her as one of the "100 Most Powerful People" in Tennessee.

2009 Traffic Fatalities

John@SeriousInjury.com (Blog Author)7867 — Tue, 06 Jan 2009 08:00:00 EST

In Giles County Tennessee the Fire and Rescue Squads first two calls of the year both turned out to be separate the auto accidents with resulting fatalities. In both accidents the vehicles left the roadway and flipped several time.

Tennessee Population Increases but traffice fatalities drop 18%

John@SeriousInjury.com (Blog Author)7729 — Fri, 02 Jan 2009 08:00:00 EST

This is encouraging news for all of on the rods in Tennessee. Much of the decline in fatal accidents are being linked to traffic cameras. Apparently fewer people are running red lights these days for fear of a ticket and thus avoiding T-bone type accidents.

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

WebMD and FDA Partner with new "protect your health" web site

John@SeriousInjury.com (Blog Author)7418 — Fri, 19 Dec 2008 08:00:00 EST

Most regular web users know about Web MD. The FDA has now partnered with their site to provide consumers with fast reliable information. There will about be info about drug recalls and a guide to reporting problems to the FDA. This site is definitely worth checking out. Loco Logan

this is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Truck Driver Killer in early morning crash

John@SeriousInjury.com (Blog Author)7391 — Thu, 18 Dec 2008 08:00:00 EST

Daren Baird was killled earlier this week after losing control of her rig and running off the interstate in the knoxville area. Baird was featured on "The Today Show" on a segment about dangerous jobs. Meredith Vieira actually did a ride along. Baird was a residentof Forest Park, Ga., and a member of Women In Trucking. (WIT).

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT. Loco Logan

Consumer Medication Information not very useful

John@SeriousInjury.com (Blog Author)7377 — Wed, 17 Dec 2008 08:00:00 EST

This will come as no surprise to the many who can never seem to read, or understand for that matter, the endless fine print which is always printed with our prescriptions. The FDA conducted a study through the University of Florida which basically found that only about 50% of the information was of any use.

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Daredevil motorcyclist Robbie Knieval to jump volcano

John@SeriousInjury.com (Blog Author)7350 — Wed, 17 Dec 2008 08:00:00 EST

New Year's Eve has Robbie Knievel at it again. Knieval, son of the late Evel Knievel will to attempt to jum his bike over a man made volcano at the Mirage Hotel in Las Vegas. These motorcycles stunts have resulted in numerous accidents and injuries. I for one will be watching the live stunt and wishing Robbie the best of luck. Loco logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Harley CEO will retire in 2009

John@SeriousInjury.com (Blog Author)7328 — Tue, 16 Dec 2008 08:00:00 EST

40 good long years making Harley Davidson Motorcycles sounds like a pretty good career. Ziemer, the current CEO came up the ranks old school, working his way up literally in the freight elevator. Not many "pull yourself up by the boot straps" guys like this around anymore. (Dale Earnhardt comes to mind). Congratulations on a job well done. Loco Logan

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Safety of DOT helmets

John@SeriousInjury.com (Blog Author)7001 — Thu, 04 Dec 2008 08:00:00 EST

I think everyone should wear safe helmets! Not only is it common sense to wear a motorcycle helmet, it’s also the law in Tennessee. Many of us bikers have utilized the novelty helmets for a long time. These are not DOT approved and offer little to no protection. An approved DOT helmet may save your life or prevent serious head injury. Don’t risk your life or the lives of your loved one. Choose to ride safe instead. Loco Logan.

This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT.

Phillip Miller Invited to Speak to Michigan Association for Justice

Sun, 07 Feb 2010 08:00:00 EST

Detroit, Michigan February 2010 - Nashville Attorney Phillip Miller was selected as the keynote speaker for the Michigan Association for Justice's first "Trial Institute". Phillip Miller is nationally recognized as a trial attorney, speaker, and trial consultant. The keynote speech was on jury selection and theming. Mr. Miller further participated in the two day program as a faculty member assisting attorneys in preparing opening statements, cross examinations, and closing arguments.

Prius Auto wrecks in Tennessee from bad brakes?

Sun, 03 Jan 2010 08:00:00 EST

Detroit Bureau 12/24/09 - 33 Prius owners have filed complaints with the NHTSA about braking problems with the Toyota Prius. The Prius has a braking system that regenerates the battery when the vehicle decelerates, a "regenerative" braking system rather than the hydraulic system found on most cars. Drivers not used to the new braking system may find themselves having to brake harder. Drivers have complained of their cars surging when they hit potholes or railroad tracks. NHTSA reports that when the front wheels hit a bump, the regernative brakes can "cut out" and there is a delay before the friction brakes kick in. The hazard maybe worse for pedestrians if a Prius driver hits a bump before a cross walk and cannot brake. For more information, click here.

Drugstore prescription error kills man?

Sun, 03 Jan 2010 08:00:00 EST

The Detroit News 12/23/09 - The family of a 52 year old man have filed suit against Rite Aid Pharmacy for the death of a father and husband who was given the wrong information about a prescription filled at Rite Aid. The medication was a chemotherapy drug and the customer was instructed to take 14 times the normal dosage. For more information on this story,click here.

Mayo Clinic Supports more Transparency for Medical Errors

Mon, 28 Dec 2009 08:00:00 EST

Wall Street Journal (12/24/09) - The Mayo Clinic, one of the pre-eminent medical care facilities in the U.S.A. has taken an activist position in the passage of health care reform supporting most of the key provisions passed by the U.S. Senate. Changes in medical malpractice policy need to focus on open discussion of medical errors. For more information on this articfle, click here.

Manufacturer Salesmen in Operating Rooms?

Mon, 28 Dec 2009 08:00:00 EST

Washington Post, (12/27/09) - Salesmen for medical device manufacturers are more and more common in operating rooms, although patients may never know they were there. Often the salesmen have been working with the doctor for some time, convincing the doctor of the value of their company's device and providing training in how to use it. When it comes to the surgery, it may be the salesman who is calling the shots and telling the surgeon what to do. The hazard for patients is that the salesman has only one priority - selling his/her company's product. For more information, click here.

Toyota Recalls 4 Million Vehicles Due to Sticking Gas Pedals

Tue, 01 Dec 2009 08:00:00 EST

NY Times (Detroit) - Sudden acceleration in Toyota vehicles has been a complaint by consumers for some time. The National Highway Traffic Safety Administration began to examine jammed gas pedals in Toyota vehicles after a high-speed crash in August near San Diego. A Lexus ES350 hit another vehicle at more than 120 miles per hour, killing four people. Before the crash, the driver had called 911 to report that the gas pedal was stuck and could not be dislodged. Toyota will be introducing a number of changes, including new driver side mats and a different design for the gas pedal. For more information about this story, click here.

Toyota Recalls 4 Million Vehicles Due to Sticking Gas Pedals

Tue, 01 Dec 2009 08:00:00 EST

Reading Microexpressions of Emotion

Mon, 23 Nov 2009 08:00:00 EST

Washington, D.C. - Nashville Attorney Phillip Miller has served as the course advisor for a 2 day program presented by Humintell, Inc. founder David Matusmoto, Ph.D. on "Reading Microexpressions of Emotion". This is the first program of its kind presented to attorneys. San Francisco based Humintell, Inc, is a leader in providing training on reading microexpressions of emotion. The program which was presented in Washington, D.C. was restricted to attorneys who are members of the American Association for Justice.

Chicken Manure from Tyson and Others the Cause of Pollution on Illinois River?

Wed, 18 Nov 2009 08:00:00 EST

Tulsa, OK (AP) - The Attorney General for the State of Oklahoma is in court suing 11 Poultry companies from Arkansas, including Tyson Foods. The basis for the suit is the alleged pollution of the Iliinois river with chicken manure. (Nationwide, poultry and livestock producers create over 500 million tons of manure each year.) The poultry companies' chicken manure is often spread on fields and can wash into streams and rivers with rain. For more information about this story, click here.

Phillip invited Speaks in New Orleans as an Attorney/Trial Consultant

Sat, 14 Nov 2009 08:00:00 EST

New Orleans, La. November 13, 2009 - Nationally recognized attorney and trial consultant Phillip Miller will be presenting an all day continuing education program to members of the Louisiana Association for Justice on the topic of "Strategic Case Planning - Maximizing Results and Bulletproofing your Case". This program was planned and will be carried out with attorney and trial consultant Paul Scoptur of Milwaukee, Wiscosnsin.

MacLaren Stollers Recalled due to Amputation Risk to Children

Tue, 10 Nov 2009 08:00:00 EST

Washisngton (AP) - The Consumer Product Safety Commission has issued a recall of approximately one million "umbrella style" collapsible strollers manufactured by MacLaren Mfg. The models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller. MacLaren strollers are sold at Target and Babie R Us stores nationwide. The amputation risk occurs when a child's finger is placed in the hinge mechanism of a stroller while it is being unfolded. For more information on this story and the recall, click here.
To connect with the MacLaren recall site, click here.

FDA Powerless to Regulate Supplement Industry

Wed, 04 Nov 2009 08:00:00 EST

Boston Globe 11/2/09 - The $25 billion dollar supplement industry is largely unregulated. The FDA can only act when there are reports of bad reactions by users, and that may only occur after large amounts of the supplement are sold and consumed. The FDA has no legal right to make supplement manufacturers prove their supplements are safe before they are placed on the market, and as a result there have been instances where supplements were sold that contained heavy metals, toxic plant materials, and bacteria. For more information about this story, click here.

Should gulf oysters be sold during summer months?

Fri, 30 Oct 2009 08:00:00 EST

AP New Orleans 10/28 - The FDA has proposed a ban on the sale of gulf oysters harvested during the summer months unless they are treated for a deadly bacteria. About 15 people each year die from vibrio vulnificus, a deadly bacteria found in gulf oysters during the summer months. Oyster fisherman and restaurant owners claim the ban is unnecessary and that the FDA should focus on foods that are likely to cause more risks such as peanut butter and e. coli in beef. For more information about this issue, click here.

Jury Awards Family $850,000 for death of son from aluminum bat

Thu, 29 Oct 2009 08:00:00 EST

Helena, Montana (AP) - The family of Brandon Patch sued Louisville Slugger after 18 year old Brandon was killed by a baseball that hit him in the head during a game in 2003. The family alleged that balls hit from aluminum bats go faster and are more difficult to avoid. The family feels that amateur leagues should use wood bats just like the professional teams. The jury decidede that the bat was not defective, but that the manufacturer had not adequately warned of the dangers of the use of the bat. For more information about this article, click here.

Railroad Crossing Gate Problems Covered Up by Railroad

Tue, 20 Oct 2009 08:00:00 EST

Star Tribune, 10/15/09 - A Minnesota judge has imposed a $4 million dollar judgment on Burlington Northern Santa Fe Corp. rail road for misconduct in a case that caused the deaths of 4 young people in 2003 at a rail road crossing. The Court found that Burlington had destroyed evidence, fabricated evidence, interfered with the families investigation of the tragedy, and "knowingly advanced lies, misleading facts and/or misrepresentations" in order to conceal the truth. The $4 million dollars is in addition to a jury verdict against the railroad for the 4 deaths that totaled $21.6 million. For more information about this case, click here.

Zero X and Zero Mx Motorcycles Recalled for Dangerous Throttle Malfunction

Mon, 19 Oct 2009 08:00:00 EST

October 18, 2009 - Zero Motorcycles of Scotts Valley, California has recalled its 2009 Zero X and Zero Mx off road bikes due to a serious problem with the throttle that can cause a motorcyclist to lose control and have a serious injury. This safety recall for motorcyclists who own a Zero motorcycle is being done in cooperation with the Consumer Product Safety Commission. The manufacturer will make repairs for free if contacted [contact Zero Motorcycles toll-free at (888) 786-9376 or (888) RUN-ZERO].
For more information on this story, click here.

Medical Malpractice Insurors Making More Money Than Fortune 500

Wed, 07 Oct 2009 08:00:00 EST

Washington Independent, October 5, 2009 - A study released by the American Association for Justice has revealed that medical malpractice insurors are more profitable than 99% of the nations top companies. Their average profits are 31.2% according to this study and in some cases are as high as 74%. Allegations that medical malpractice reform is needed are generally motivated by the costs of insurance, which apparently is high for one reason - profits and gouging doctors on premiums. For more information, click here.

Feds to Study Rise in Motorcycle Deaths

Tue, 06 Oct 2009 08:00:00 EST

October 5, 2009 - Detroit News Washington Bureau

The Federal Highway Administration will be conducting a study into the rise in motorcycle deaths over the last 10 years, an increase of 150%. The study which will be conducted at Oklahoma State University will be the first of its kind in more than 30 years and will evaluate data from thousands of motorcycle crashes. The study will attempt to identify countermeasures that could reduce the fatality rate for motorcycle crashes. On safety feature that might be considered is the mandatory installation of anti-lock brakes. Anti-lock brakes have been shown to reduce fatal crashes by as much as 28%. For more information on this story, click here.

New Bill May Eliminate Anti-trust Exemption for Med Mal Insurors

Fri, 18 Sep 2009 08:00:00 EST

Reuters - A bill that would prohibit price fixing by Medical Malpractice Insurors has been introduced in both the Senate and House of Representatives. For the last 50 years these insurors have been exempt from anti-trust laws which prohibit such price fixing. Rising medical malpractice insurance premiums when there has been no rise in claims is a factor. Although this legislation would put medical malpractice insurors in the same position as all other insurance companies, the bills are thought to have strong opposition from Republican law makers. For more information, click here.

Health Insuror Punished After Canceling Insurance for HIV insured

Thu, 17 Sep 2009 08:00:00 EST

A punitive damage award of $10 million has been upheld by the South Carolina Supreme Court in a case where a health insurance company rescinded coverage of a man who was diagnosed with HIV a year after he had obtained health insurance. The insured discovered he had HIV when he was attempting to donate blood to the Red Cross. For more information, click here.

Fosamax Jurors Deadlocked

Mon, 14 Sep 2009 08:00:00 EST

The nation's first Fosamax trial ended 9/12/09 when the Judge declared a mistrial on the motion of the plaintiff in the case. Fosamax which is sold by Merck is alleged to cause destruction of the jaw bone when used. Jurors had been deliberating since September 2, 2009 but apparently could not agree on whether or not Fosamax caused the problems in this particular plaintiff. For more information, click here.

Fosamax Jurors Get "Cooling Off" Period

Thu, 10 Sep 2009 08:00:00 EST

New York (Dow Jones) - Jurors in the nation's first Fosamax trial were given a 24 hour "cooling off" period after tensions rose during their deliberations. The jurors had reported to the Judge that they were at an impasse, but he directed them to continue to deliberate. During the extended deliberations, one juror threw a chair at another. For more information, click here.

Phillip Miller Speaks on National Webinar

Sat, 05 Sep 2009 08:00:00 EST

Nashville, September 3, 2009 - Nashville Attorney Phillip Miller spoke to a national audience on a "webinar" sponsored by Trialsmith. The webinar was broadcast to all 50 states. Mr. Miller's topic was "Maximizing Case Value Through Case Planning" and included his tips and secrets to helping attorneys in more than 20 states recover over $80,000,000.00 for their injured clients during the last 3 years.

Dragon Deals Gap To get Police Cycle Patrol

Tue, 01 Sep 2009 08:00:00 EST

Dragon to get Patrol cycle unit

Graham and Swain counties are discussing the best way to provide emergency services along the stretch of US 129 known as the "Tail of the Dragon", part of which is in Swain County, but is closer to first responders in Graham.

Motorcyclists on some of Western North Carolina’s most popular biking destinations can expect to soon see state troopers riding alongside them.

The patrolmen’s purpose, however, isn’t so much to crack down on riders Labor Day weekend as it is to remind motorcyclists to ride safely. There have been five fatal motorcycle crashes in Swain and Graham counties on mountain roads near and leading up to the world-famous “Tail of the Dragon” so far this year. Those roads include N.C. 28 and the Cherohala Skyway.

“Compared to last year, that’s a lot more,” N.C. Highway Patrol trooper Sgt. Todd Norville said. “For 2008, we didn’t have any fatalities in Graham County.”

Officially designated as U.S. 129, the Dragon starts in Blount County, Tenn., and packs 318 curves in 11 miles. Although most of the road is in Tennessee, at least two people in a typical year are killed on the North Carolina side of the road .

The Highway Patrol has been requested to send its Charlotte-based motorcycle unit to the mountains for the past three years, but hasn’t done so yet this year because of state budget cuts, Norville said. There are usually about four troopers whot come to the mountains on their BMW motorcycles.

“A lot of it is about public relations,” Norville said of using the motorcycle unit in the mountains. “We just try to explain to (motorcyclists) that this is not the road that they’re used to because most of them are coming here from Illinois or Ohio where there are no curves or hills.

“They come to the mountains and they’re not used to these curvy roads, and they get themselves in a bad situation quick.”

Most of the serious accidents on U.S. 129 happen in Graham County, according to N.C. Highway Patrol records.

Troopers last year responded to four wrecks involving injuries on U.S. 129 in Swain County and 20 in Graham County. Troopers wrote one speeding ticket in Swain County and 91 in Graham County.

The Highway Patrol participated in a safety awareness event earlier this month at Deals Gap Motorcycle Resort, located one mile south of the Tennessee-North Carolina state line along the Dragon. The event, which drew more than 1,000 people, is planned again for next year, resort owner Brad Talbott said.

Risk of unfamiliarity

Talbott said many accidents on the Dragon and other nearby roads aren’t related to speeding or reckless riding. They are caused by riders who aren’t used to the roads and might be riding beyond their skill level.

“We just really focused on folks coming to Western North Carolina and eastern Tennessee having a good, enjoyable time and to come back next year because they didn’t have a problem,” Talbott said.

In past years, Talbott said he would see the Highway Patrol motorcycle unit about one weekend a month during the summer.

“They get a very positive reaction because their focus is not to see how many tickets they can write or how much money they can generate for the state. Their focus is the same as ours, which is they want people to come here and not endanger themselves,” Talbott said.

“We always love to see the motorcycle guys. They always have a very positive impact on the area, for motorcycling especially.

Current Medical Imaging Exposes Millions to High Doses of Radiation

Thu, 27 Aug 2009 08:00:00 EST

N.Y. Times, 8/27/09 - The New England Journal of Medicine has published a study that reports that more than four million patients each year are exposed to high doses of radiation from medical imaging studies. About 2% of patients are exposed to high levels of radiation each year.

Window Blinds Recalled Due to Children Strangling Deaths

Thu, 27 Aug 2009 08:00:00 EST

Washington (AP) - Six manufacturers have recalled their window shades and blinds following a recall notice by the Consumer Product Safety Commission. The CPSC recall was based on the strangulation deaths of 3 children from shades manufactured by Vertical Land Inc., of Panama City Beach, Fla., and Lewis Hyman Inc., in Carson., Calif. More information, click here.

Contaminated Drinking Water Suspected as Cause of Male Breast Cancer at Camp LeJeune

Wed, 26 Aug 2009 08:00:00 EST

LA Times, 8/26/09 - The water supply at Camp LeJeune that was used by hundreds of thousands of marines for more than 30 years was contaminated by solvents and chemicals from off base companies. The solvents were dumped or buried near wells. More than 1600 former base residents have filed claims for a variety of cancers. More more information, click here.

So Called Tort Reform Doesn't Save Consumers any Money

Mon, 17 Aug 2009 08:00:00 EST

Kentucky-Lexington Herald (8/17/09) - although strongly supported as part of "health reform" by Senator Mitch McConnell, his curbs on what victims recover have not reduced health care costs in the 27 states where this experiment has been initiated by Republican politicians supported by the insurance industry and doctor groups.

McDonald's Sued Over Hepatitis Outbreak

Fri, 14 Aug 2009 08:00:00 EST

The Associated Press (8/13) reported, "An Illinois mother and daughter have sued McDonald's Corp. and a Milan McDonald's, saying they were sickened with hepatitis A after eating at the restaurant. Karie Fiegel of Kappa and her 14-year-old daughter filed the lawsuit Thursday in Rock Island County Circuit Court. It's the second lawsuit from a McDonald's patron sickened in a recent hepatitis A outbreak." More than 31 people have contracted hepatitis A which they say was acquired after they ate at the Milan McDonald's.

Man with 12 DUI Convictions Gets Case Delayed

Fri, 14 Aug 2009 08:00:00 EST

The Star Ledger, by Jim Lockwood - Friday August 14, 2009, MORRISTOWN, N.J. -- Sharun Campbell, a 40 year old man with a dozen DUI convictions and 78 suspended license violations had sentencing in a pending DUI case delayed because he had two more DUIs pending. For more information, click here.

Health Insurers Deny 36% of Applications for Insurance Based on Pre-Existing Conditions

Wed, 12 Aug 2009 08:00:00 EST

Congress Daily (8/11) - a report released today by Health and Human Servces (HHS) states the health insurance companies denied coverage to more than 12 million people who attempted to purchase insurance based on the applicants having a pre-existing condition. The rejection rate for people with pre-existing conditions was 36% of the total.

Foreign Manufacturers Not Accountable

Tue, 11 Aug 2009 08:00:00 EST

Palm Beach (FL) Post (8/10) has reported that legislation has been introduced in the U.S. Senate (the Foreign Manufacturers Legal Accountability Act of 2009) which would require foreign manufacturers to agree to be held accountable to U.S. laws if sued in our courts, and that they would have a legal representative who could accept service of a lawsuit in any state where they did business. At present, trying to find (as an example) a Chinese manufacturer of defective drywall may be impossible.

Informed Consent for Patients Not Adequate

Mon, 10 Aug 2009 08:00:00 EST

July 30, 2009 - The New York Times (7/30) Informed consent is the process by which patients are involved in understanding their health care choices and being actively involved in those decisions, but it doesn't happen consistently. According to Dr. Timothy M. Pawlik, an associate professor of surgery at Johns Hopkins University, patients are now treated "as partners in the process, and our informed consent reflects that." He added that "for some types of practices...informed consent may be the most important opportunity to strengthen the patient-doctor relationship." But, "the process by which most doctors learn how to obtain informed consent is usually haphazard at best. Young doctors rarely have formal mentorship or the opportunity to observe more experienced physicians doing the process well before they begin to obtain consents on their own."

Will Nashville's Metro Council Ban Guns in Public Parks?

Mon, 10 Aug 2009 08:00:00 EST

August 7, 2009 (Nashville City Paper) - The Nashville Metro Council is one vote away from banning guns in public parks, an act that the Metro Legal Director claims is unnecessary. A third and final vote will take place on August 18, 2009.

First Fosamax Trial Begins

Mon, 10 Aug 2009 08:00:00 EST

Bloomberg, August 10, 2009 - The first Fosamax trial begins today in New York City, NY. Fosamax, a drug manufactured by MERCK is alleged to cause disabling bone loss of the jaw. Plaintiffs in the case have alleged that MERCK misprepresented the safety of the drug and failed to warn doctors and patients about the risk of osteonecrosis of the jaw.

Tanning Beds As Big a Health Risk as Tobacco

Thu, 06 Aug 2009 08:00:00 EST

July 29, 2009 - Most lights used in tanning beds give off primarily ultraviolet radiation, which cause skin and eye cancer. As use of tanning beds has increased among people under 30, doctors have seen a parallel rise in the numbers of young people with skin cancer. The CBS Evening News reported that, according to a paper published online July 29 in The Lancet Oncology, tanning beds may "pose as big a risk as tobacco and asbestos." An international panel of cancer experts upgraded the warning on tanning beds from "probably" to "definitely able to cause cancer."

The Washington Post points out that after looking at 20 different studies on the subject, the conclusion was that the risk of skin cancer jumps by 75 percent when people start using tanning beds before age 30. In addition, researchers from the International Agency for Research on Cancer (IARC), the "cancer arm" of the World Health Organization, "found that all types of ultraviolet radiation caused worrying mutations in mice, proof the radiation is carcinogenic. Previously, only one type of ultraviolet radiation was thought to be lethal." Now, "the new classification means tanning beds and other sources of ultraviolet radiation are definite causes of cancer, alongside tobacco, the hepatitis B virus, and chimney sweeping, among others."

Red Light Cameras a Hazard?

Thu, 30 Jul 2009 08:00:00 EST

The Murfreesboro Daily News Journal recently ran a letter to the editor regarding the use of redlight cameras at intersections in Murfreesboro, Tennessee. While these cameras are supposed to have "safety" as their purpose, it appears they may be more about making money by issuing more tickets. Certainly that looks like what has happened in Murfreesboro. Ticket collections are up, and rear end accidents are too!

Allstate Study Finds Nashville Ranks 35th in Safe Driving

Wed, 29 Jul 2009 08:00:00 EST

According to an Allstate study, Nashville has safer drivers than 165 of the biggest cities in the country. The study ranked Nashville as the 35th for safe driving when compared to 200 of the biggest U.S. cities. The ranking is based on the average number of years between crashes.

The list generated by Allstate, a large insurance company, shows that Nashville drivers on average, have about 10.6 years between accidents, based on insurance claims from 2006 to 2007. However, it seems that drivers are getting in more Nashville car accidents, as the number of years between collisions used to be 11.4 years.

Another study was conducted by Allstate examining accidents involving teen drivers. Tennessee ranked sixth in the country for traffic fatalities and the Nashville area ranked fourth among 50 metropolitan regions.

According to Elizabeth Hosmer, fiscal and marketing administrator at the Governor’s Highway Safety Office, Tennessee is doing everything it can to reach out to teenage drivers. She said, “a lot of it’s speed, and their driving skills aren’t as good as they should be. Sometimes a death has to occur before it gets their attention, and that’s not the way it should be.”

The Allstate study ranked Chattanooga third, Knoxville fifth and Memphis 48th when it came to safe driving.

Nashville Attorney Phillip Miller Speaks to American Association for Justice

Mon, 27 Jul 2009 08:00:00 EST

San Francisco, California - Nashville attorney Phillip Miller was one of the select speakers presenting at the American Association for Justice's annual meeting this week in San Francisco. Speaking to a full house, Mr. Miller spoke on the effective use of visual at trial. This was the 8th time Phillip Miller has been asked to speak at the national meeting of the American Association for Justice. Mr. Miller was the only Tennessean on the trial advocacy program.

Nashville Resident Killed in Car Crash on Donelson Pike

Fri, 24 Jul 2009 08:00:00 EST

A Nashville woman was fatally injured in a car accident last Thursday evening. According to Metro Police, 54-year-old Denise Morgan died at the scene of the crash.

Police reported that Morgan was traveling in her Chevrolet Cavalier north on Donelson Pike at approximately 7:35 PM, when a Ford Expedition heading south crossed over the center line and hit Morgan’s vehicle head on.

The 22-year-old driver of the Expedition, Georffrey Hudson from Antioch, sustained minor injuries from the head on collision. Hudson was taken to Summit Medical Center for treatment for his injuries.

Police are still unsure as to why the Expedition crossed over the center line into the Morgan’s lane. Hudson did provide a blood sample so that police can test his drug and alcohol content.

Once the investigation reaches an end, the District Attorney’s Office will decide if charges will be filed in connection with the fatal Tennessee car accident.

Lady biker from La Vergne, Tennessee dies in motorcycle accident

Sun, 19 Jul 2009 08:00:00 EST

MARLENE DAVIS RIGGS, age 55, of La Vergne, Tn. died Monday, July 13, 2009 from injuries received in a motorcycle accident. She was born in Franklin, Tennessee.

She is survived by her son; Tyler Riggs of La Vergne, daughter, Kendall Riggs of La Vergne; two brothers, Donnie Davis of Raleigh, N. C. and Steve Davis of Nashville, Georgia ; two sisters, Judy Thomas Davis, Watertown and Sherrie (Bitsy) Arthur of Lebanon; mother, Martha Pewitt McMillen of Lebanon and special friend Paul Johnson of Lavergne.

Visitation with the family will be 5-8 pm Friday at Woodfin Chapel, Smyrna . Funeral services at 11 am Saturday at Woodfin Chapel, Smyrna with Dr. Ross Maroney officiating. Burial in Mapleview Cemetery.

Mrs. Riggs was a member of the Baptist Church and was preceded in death by her father, George Davis and her husband Ron Riggs. Woodfin Chapel, Smyrna 615-459-3254 www.woodfinchapel.com

Child Hurt in Nashville Hit and Run Accident

Wed, 15 Jul 2009 08:00:00 EST

A young child from Nashville was injured in a hit and run accident on the evening of Friday, July 10, 2009. According to police, he was listed in stable condition at Vanderbilt University Medical Center.

The 4-year-old boy was crossing the street with his father at Nolensville Road close to Old Hickory Boulevard at approximately 9:40 PM when both he and his father were hit, said Metro Nashville Police Captain Harmon Hunsicker.

It is not believed that the father sustained any critical injuries.

The father and son were among four people crossing the street that evening, but were not walking in the crosswalk. Witnesses to the pedestrian accident were able to give a vague description of the vehicle that hit the father and son, which was described as a possibly white, four-door car that may have sustained front-end damage.

Anyone who can provide additional information is requested to contact the police department’s hit and run division at 862-7713.

Veteran's Thunder Motorcycle Ride rolls into Crossville Saturday

Tue, 14 Jul 2009 08:00:00 EST

Veteran's Thunder Motorcycle Ride rolls into Crossville Saturday

Everyone needs a hero.

For one Vietnam veteran that hero is Ron Dyer, president and founding member of the Cumberland County Vietnam Veterans chapter.

"I'm not ashamed to tell you this man is my hero. With what he did, getting the Welcome Home (event) together — I will never forget it — He saved my life," Larry Bates of Monterey said.

Bates, who is nicknamed "Tin Man" due to the leg braces and crutches he is forced to wear, says the Vietnam Veterans Welcome Home event in 2008 and earlier this year gave him a reason to want to live.

Motorcycle hearse offers a final steel ride

Mon, 13 Jul 2009 08:00:00 EST

Motorcycle hearse offers a final steel ride

C.J. Matherne poses with his converted Harley-Davidson Road King, which hauls a hearse, Wednesday outside the St. Mary Nativity Church’s mausoleum in Raceland. He started the motorcycle hearse service about three months ago to give bikers and non-bikers the chance to take “a last farewell ride in style … that they can’t just get anywhere.”

Teen Killed in Tennessee Car Crash

Mon, 06 Jul 2009 08:00:00 EST

Gabe Brewer, a 17-year-old boy from Murfreesboro, was killed Saturday afternoon on July 4th, from injuries he sustained in a one-vehicle accident at approximately 3:15 AM on Baker Road, according to a state trooper.

He was a passenger in a wreck that occurred about two miles from the Blackman community, said Tennessee Highway Patrol Trooper Michael Marvin.

Eighteen-year-old Joshua Ingram was driving the vehicle at the time of the accident, when his car veered off the right side of the road and spun into a mailbox, which hit the driver’s rear door where Brewer had been sitting.

Brewer was treated at the scene of the crash before being transported to Vanderbilt University Medical Center in Nashville, where he died approximately 11 hours later.

Ingram and the passenger riding in the front were not injured.

Ingram claimed that he had fallen asleep behind the wheel. According to Marvin, some of the contributing factors in the fatal accident included failure to maintain the lane of travel and possibly speeding.

There have been 17 traffic fatalities this year in Rutherford County.

Teen Killed in Tennessee Car Crash

Mon, 06 Jul 2009 08:00:00 EST

He was a passenger in a wreck that occurred about two miles from the Blackman community, said Tennessee Highway Patrol Trooper Michael Marvin.

Brewer was treated at the scene of the crash before being transported to Vanderbilt University Medical Center in Nashville, where he died approximately 11 hours later.

Ingram and the passenger riding in the front were not injured.

There have been 17 traffic fatalities this year in Rutherford County.

Atwood man, 18, dies in bike crash

Sun, 05 Jul 2009 08:00:00 EST

Atwood man, 18, dies in bike crash

An 18-year-old Atwood man died early Friday in a motorcycle accident on Tenn. 190 in Weakley County.

July 4, 2009

Mitchell Brock Glisson was driving north at a "very high rate of speed" at the time of the accident, which happened about 1:28 a.m. near the intersection with Bear Road in Christmasville, according to a news release from the Tennessee Highway Patrol.

His motorcycle, a 2001 Suzuki SVS, struck a bump in the road, went airborne and entered a "high-speed wobble," the release says.

Glisson lost control and struck a tree; the vehicle came to a rest 704 feet away, the report says. He was wearing a helmet at the time of the accident, the report says.

Motorcycle Fatality in Cookeville

Sun, 05 Jul 2009 08:00:00 EST

Motorcycle Fatality

Story Published: Mar 13, 2009 at 12:16 PM CDT

Story Updated: Mar 16, 2009 at 4:48 PM CDT

Cookeville Police Department

COOKEVILLE, TN - Shortly after 1:00 a.m. on March 11th, Officer Robert Cantwell was turning eastbound onto West Spring Street when he noticed three westbound motorcycles stopped at the traffic light at West Spring Street and Willow Avenue. One of the motorcycles was being operated by a female who was not wearing a helmet. As Officer Cantwell turned around in preparation to stop the motorcycles, the traffic light turned green and all three motorcycles accelerated quickly. Officer Cantwell activated his car’s blue lights and siren, drove around a vehicle that was behind the motorcycles, and attempted to catch up to the motorcycles. Because of the distance between his police car and the motorcycles, Officer Cantwell was unsure that the motorcyclists even knew he was attempting to catch up with them. Within seconds, and as the motorcyclists approached the intersection of West Spring and West Broad, Officer Cantwell saw the lead motorcycle crash. Officer Cantwell ran to the fallen rider to realize that his injuries were fatal. The deceased motorcyclist was identified as 28 year-old Bobby Spell, of Cookeville.

The other two riders stopped just beyond the crash scene and walked back to officers. The female, 43 year-old Joyce Lockinger, of Illinois, ultimately was arrested for Driving Under the Influence. The other motorcyclist was not arrested. The motorist who had been following the motorcycles stopped at the scene and inserted himself into the crash investigation. Ultimately this man, 42 year-old Jerry Coggins, of Sparta, was arrested for Driving Under the Influence, Destroying/Tampering With Evidence, and Filing a False Police Report.

The crash was investigated by Lt. Lawson, of the Tennessee Highway Patrol. Deputies from the Putnam County Sheriff’s Department assisted at the scene.

Teen Driving Deaths High in Tennessee

Thu, 02 Jul 2009 08:00:00 EST

A recent study shows that Tennessee has one of the highest teen fatality rates in the country. One Tennessee official blames this high death rate on a lack of mandatory driver’s education.

Allstate Insurance Company released its study, “Allstate America’s Teen Driving Hotspots,” which had Tennessee ranked as the sixth state in the country for driving deaths among teenagers. The Memphis area was listed as 16th among 50 metropolitan regions included in the study.

The study found that the majority of fatal car accidents occurred in rural areas and in the South. Male teen drivers were more than twice as likely to be involved in a fatal crash and more than 50 percent of all crashes occurred among the 18 to 19 age group.

Some of the most common problems identified in the study regarding teen driving accidents had to do with speeding and lack of seat belts. Local authorities also said that winding two-lane roads without shoulders are to blame for these accidents.

Allstate’s study was based on 2000-2006 data, which relied on information from Allstate insurance claims, the U.S. Census bureau and national crash statistics. The Tennessee Department of Safety reported that 72 teens were killed in 2008 in Tennessee car accidents, which is actually lower than the previous year.

In Tennessee, teens are not required to complete driver’s education and many schools lack the funding to offer such a program, which can help teens make smart decisions when behind the wheel.

Tennessee Motorcycle Accident Injures Solider

Mon, 29 Jun 2009 08:00:00 EST

A soldier has been listed in critical condition following a Tennessee motorcycle accident. Mathurin Agnew, a 21-year-old Fort Campbell soldier, was involved in a motorcycle crash on the evening of Friday, June 26, 2009.

Agnew was injured when he crashed at the intersection of Memorial Drive and Richview Road/Warfield Boulevard. According to Officer Andy Bechtold, of the Clarksville Police Department’s Fatal Accident Crash Team, Agnew was driving a 2008 Yamaha motorcycle westbound on Memorial Drive when a 2000 Ford Mustang driven by Allison Cox, a 24-year-old Oak Grove, Kentucky resident, turned left from eastbound Memorial heading toward Warfield Boulevard.

Cox informed Officer Mike Caver that she had a solid green light and didn’t see Agnew coming when she turned her vehicle. Bechtold said that charges are pending against Cox.

Agnew was airlifted to Vanderbilt University Medical Center in Nashville. Bechtold said that he sustained massive head injuries and was having difficulty breathing. He also may have had two broken legs.

The investigation is still preliminary.

Motorcycle Wreck Involves Ft. Campbell Soldier

Sat, 27 Jun 2009 08:00:00 EST

A young soldier was life flighted to Vanderbilt Friday evening after a car turned left in front of him. He sustained serious injuries and was having difficulty with his breathing. For more information click here.

Phillip Miller to lead fight for Tennesseans' rights

Fri, 26 Jun 2009 08:00:00 EST

Memphis - Phillip Miller was elected President Elect of the Tennessee Association for Justice at the organization's annual meeting June 17-19. The Tennessee Association for Justice's mission is preserving the civil justice system, providing a level playing field for consumers whose rights have been violated by corporations and those who refuse to accept responsibility for their actions.

Two Motorcycles Collide Injuring One

Thu, 25 Jun 2009 08:00:00 EST

Two Motorcycles Collide Injuring One
Posted: June 24, 2009 07:01 AM

Two Motorcycles Collide Injuring One

HERMITAGE, Tenn. - Police said they were investigating a motorcycle accident that left one rider in critical condition.

Officials said the accident involved two motorcycles that were traveling in the same direction down Bell Road in Hermitage near Percy Priest Lake.

Investigators believe they were rounding a curve when somehow they collided.

The fatal team was called to the scene to help investigate.

Tennessee Bicycle Accident Injures Boy

Mon, 22 Jun 2009 08:00:00 EST

A pickup truck struck an 8-year-old boy riding his bicycle in East Knoxville, according to authorities. The boy was critically injured in the tragic Tennessee bicycle accident.

The bicycle accident occurred at approximately 6:20 PM in close proximity to the intersection of Fern Street and Ashland Avenue, said Knoxville Police Department Sgt. Jason Hill.

Apparently, the boy rode his bike into the street and was struck by the pickup truck, said Hill.

The child was taken to the University of Tennessee Medical Center where he was reported as being in critical condition. The boy’s name wasn’t released to the public.

According to Hill, “at this point, it doesn’t look like the truck driver was reckless.”

Investigators from the Kentucky Police Department are reconstructing the accident.

Motorcycle passenger dies in Sevier County crash

Mon, 15 Jun 2009 08:00:00 EST

Motorcycle passenger dies in Sevier County crash

PIGEON FORGE — A Georgia woman died Friday night when the motorcycle she was riding flipped, authorities said.

The wreck happened around 10:30 p.m. on Wears Valley Road near Trace Way, according to the Tennessee Highway Patrol. Harold E. Posey, 44, of Hartwell, Ga., was headed south when he lost control of his 2008 Harley-Davidson on a curve, Trooper Michael Turley wrote in a report.

The motorcycle crossed the shoulder of the road into loose gravel and flipped when Posey tried to regain control, the trooper wrote. Posey wasn’t hurt, but the wreck killed his passenger, 36-year-old Karen C. Posey, also of Hartwell, Ga.

Both wore helmets. No charges are expected in the wreck.

Bugaboo Strollers Recalled Due to Brake Failure

Wed, 10 Jun 2009 08:00:00 EST

Over 22,000 Bugaboo Bee strollers have been recalled due to problems with the brakes. The manufacturer cooperated with the U.S. Consumer Product Safety Commission in announcing a voluntary recall of the Bugaboo stroller.

The Bugaboo Bee strollers, manufactured by Bugaboo Design & Sales, B.V. of the Netherlands, have been found to have faulty brakes. Bugaboo has received a total of 121 reports from consumers regarding brake failure. No injuries have been reported to date.

The brake failure is believed to be caused when one or both sides of the brakes fail, which may cause the stroller to roll away on an incline. This hazard can cause injury to the young child occupying the stroller.

The affected strollers include those that have item code 580210 on a label on the back of the seat and item code 50100 on a label that can be located on the plastic support underneath the seat. The Bugaboo Bee strollers were sold in various colors, including dark khaki, pink, red, blue, black and yellow. The words, "bugaboo(r) bee," can be found on the seat’s left side.

These recalled strollers were sold at juvenile product retailers across the country and on numerous websites from August 2007 to April 2009 for approximately $530.

Bugaboo is offering a free repair kit, which can be ordered by contacting customer service at (800) 460-2922 between 9:00 AM and 5:00 PM.

Woman Faces Charges in Fatal Tennessee Car Accident

Mon, 08 Jun 2009 08:00:00 EST

The woman who was involved in a fatal three-car accident at the end of May near the Roane-Cumberland county line, now faces charges.

According to the Tennessee Highway Patrol, the fatal car crash occurred at approximately 2:40 PM on U.S. Highway 70 near Glen Hill Road. Nicole L. Lawson, a 37-year-old Rockwood resident, was traveling east when her Toyota pickup truck crossed the center line and struck a westbound Chevrolet truck head-on, according to Trooper Rodney Redmon.

The Tennessee car accident took the life of 59-year-old Gary L. Pugh from Crossville and injured Lawson. She was taken to the University of Tennessee Medical Center where she was listed as being in critical condition. Neither of the drivers were wearing their seat belts at the time of the crash.

Demond and Barbara Reed, both 37 and from Rockwood, were also injured when they ran their GMC pickup truck off the road to avoid the accident. Both Reeds were wearing their seat belts.

The fatal Tennessee car crash caused traffic on U.S. 70 for hours until the road was reopened that evening.

I-24 Traffic for Bonnaroo

Sat, 06 Jun 2009 08:00:00 EST

The eighth annual Bonnarroo Music and Arts Festival starts Thursday night June 11, running through Sunday night June 14. Gates will open at 7 a.m. on Thursday with as many as 80,000 fans expected to attend from all over the United States.

THP Assistance/Bonnaroo Traffic Updates
The Tennessee Highway Patrol will be out in force, 24 hours per day using cars, motorcycles, and helicopters. Motorists needing help can simply enter "THP" on their cell phones and they will be connected with a THP dispatcher. Traffic updates can be obtained by dialing "511".

Exits
Main Festival Exit from I-24 - Exit 111 (SR 55) will be used as the main festival exit.
Alternate Festival Exits from I-24 - Exits 97, 105, 112 (temporary exit on westbound side only), 117 and 127 if congestion occurs on the interstate.

Median Crossovers will be blocked and guarded
Median crossovers will be blocked by The THP to prevent crossovers and parking.

Injuries Going to or Coming From Bonnaroo
Get immediate medical attention, photograph the scene, get the names and addresses of any witnesses, and Contact the Law Offices of Phillip Miller, 1/800-337-HURT

For more information click here.
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Child Passenger Seat Ejected During Tennessee Car Accident

Thu, 04 Jun 2009 08:00:00 EST

A toddler was seriously injured when her car seat was ejected from an overturning van on U.S. 231 North in northern Shelbyville. The accident occurred early evening on Wednesday, May 27, 2009.

Two-year-old Ana Singleton had been riding in an older model Chevrolet Astro van driven by her 24-year-old mother, Crystal Singleton. Lt. Trey Clanton, an accident investigator with the Shelbyville Police Department said that it appeared as though the mother had lost control when the right rear tire came apart. The van flipped over five times.

Ana was listed in critical condition the morning after the Tennessee car accident at Vanderbilt Medical Center in Nashville. Crystal was treated and released at Heritage Medical Center, said Clanton.

The car seat landed approximately 20 yards south of the van and Ana was found lying unconscious next to the seat, said investigators, including Lt. Johnny Hunter of the Tennessee Highway Patrol.

Officers who responded to the scene told emergency radio dispatchers that Ana was unresponsive.

The van was traveling northbound approximately a half-mile south of Shelbyville Municipal Airport when it veered off the right side of the road. There were skid marks and tire tracks that indicated the van had slid through a grassy field into the front yard of a residence. The path was estimated to be approximately 150 feet.

Medical Issue the Cause of Truck Accident on June 2?

Wed, 03 Jun 2009 08:00:00 EST

A 68 year old truck driver, Mr. Edward Cole, lost control of his tractor trailer in the early morning hours of June 2, 2009 while driving westbound on I-24 near the Old Hickory Blvd. exit. He was found dead inside the cab of his truck, and did not appear to be seriously injured. Was he working to make up for money he lost with the downturn of the economy? Or was he just the kind of person who doesn't want to retire and will work until he drops? What did his DOT physical show? For more information, click here.

Medical Issue the Cause of Truck Accident on June 2?

Wed, 03 Jun 2009 08:00:00 EST

Man Slowing for Animals on I-24 Rear-ended by Truck

Wed, 03 Jun 2009 08:00:00 EST

Monday June 1 a passenger car slowed for animals in the road and was rear-ended by a tractor trailer following behind. This isn't supposed to happen. iI the truck driver is keeping a proper lookout and safe interval between his truck and the vehicle just ahead, it can't happen. For more information, click here.

American Trucking Association Proposes 18 point Safety Agenda

Sun, 31 May 2009 08:00:00 EST

The American Trucking Association has announced an 18 point safety agenda and will hold a news conference in Washington D.C. on June 9 to explain how their program will address driver performance, safer vehicles and equipment, and motor carrier performance. Their 18 point agenda includes items such as additional parking facilities for trucks, strategies to increase seat belt use, and a national registry of certified medical examiners. For more information, click here.

Tennessee Pickup Truck Accident Kills One Man, Injures Another

Thu, 28 May 2009 08:00:00 EST

A man was killed in a Tennessee car accident on Saturday, May 16, 2009, when his pickup truck ran more than 150 feet off the road and struck half a dozen trees, according to authorities.

Jeffrey Boatman, a 28-year-old Rogersville resident, was traveling west on Old Highway 11W at approximately 11:00 AM when he lost control of his 1995 Dodge pickup truck, said a Tennessee Highway Patrol dispatcher. Trooper Robert Brooks said that Boatman’s pickup went off the road for 165 feet and hit six cedar trees.

The pickup truck eventually rolled on its side, ripping off the top of the cab, killing Boatman. The fatal Tennessee auto accident also injured Jeffrey’s brother, 30-year-old Norman, who was a passenger in the vehicle at the time of the accident. Norman’s condition was not available.

Both brothers were wearing their seatbelts during the accident, although the safety device did not save Jeffrey’s life.

Two Drivers Seriously Injured in Tennessee Car Accident

Wed, 27 May 2009 08:00:00 EST

A head-on crash on the morning of Friday, May 22, 2009, caused two drivers to sustain severe injuries. The Tennessee car accident took place on state Route 99 near Rockvale, according to a state trooper.

Emergency Medical Services paramedics treated Stacey Hyatt, a 37-year-old woman, while she was extricated from the wreckage of her 2008 Kia Rio by the Special Operations Response Team and Rutherford County Rescue Squad. Hyatt was taken to Middle Tennessee Medical Center and was later flown by LifeFlight helicopter to Vanderbilt University Medical Center in Nashville. She was listed as being in critical, but stable condition.

Jerry L. Jones, a 59-year-old Rockvale resident, was also treated by paramedics and was taken to MTMC.

Witnesses said that Hyatt crossed the center lane and went into Jones’ lane and he was unable to avoid her. Hyatt had been driving toward Murfreesboro and Jones was heading toward Rockvale.

Hyatt was wearing her seatbelt at the time of the crash, but Jones was not. Tennessee Highway Patrol Trooper Kay Peay said “I think it would have made a difference if he had it on,” when explaining that Jones’ injuries might not have been as severe.

Peay noted Hyatt’s failure to maintain her lane and control as contributing factors in the car accident.

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Sturgis motorcycle rally

STURGIS South — This year’s Sturgis South All-Bike Motorcycle Rally made it worthwhile for anyone to attend with a wide cross-section of riders and activities, including:

• Riders from at least 13 states attended including Mississippi, Louisiana, Tennessee, Alabama, Arkansas, Pennsylvania, Virginia, Georgia, North Carolina, Texas, Kentucky, Florida and California.

• New attractions included helicopter rides, bull rides, and a bungee trampoline game.• Food vendors provided bikers everything imaginable from chicken tenders, to snow cones, shrimp po-boys and frozen daiquiris.

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• New attractions included helicopter rides, bull rides, and a bungee trampoline game.

• Food vendors provided bikers everything imaginable from chicken tenders, to snow cones, shrimp po-boys and frozen daiquiris.