Archive for October, 2009

Trucking Industry Priorities

The American Trucking Association (ATA) is the national voice of the trucking industry, including their employment of lobbyists in Washington. In a recently released survey of trucking executives (click here), the ATA has published the top 10 issues (according to trucking industry executives) for the trucking industry.  Number 1 was the economy and the first item under the issue “economy” was “tort reform”.  In other words, “Don’t hold us responsible for injuring and killing people, it’s expensive.”  Or maybe “Don’t punish us for doing a lousing job hiring and supervising our employees, it’s expensive”.  The second “issue” for the trucking company execs was government regulation. It can be argued that government regulation is the primary reason that the  trucking industry pays attention to such things as hours of service, drug screening, driver safety, or engine emissions. Tennessee and Nashville truck wrecks are more common because of the interstate system and Tennessee being between destination population centers in the North and South. Certainly when a trucking company is sued, their violations of safety regulations are always important issues for us to talk about and for juries to consider.  As Tennessee attorneys who handle cases against trucking companies, we are constantly surprised at how little real attention is paid to safety. We all have to follow rules, the trucking industry is no exception – even if it’s not one of the top issues for trucking company execs.

Doctors have to rely on what we as patients tell them in making good decisions about our medical care. What we can accomplish as attorneys representing injured people  in Nashville and in Tennessee can be limited by what the medical records say. Here are three simple things you should be prepared to do.

1.   Too often we are unprepared to be the kind of patient that allows the doctor to be his or her best. Doctors need information, accurate information, about how you are feeling, responding to medication or drugs, etc. This does not mean that you give the doctor a bunch of printed or handwritten notes! This means you take notes and review them so you can answer questions and ask questions intelligently. For example, when the doctor asks about pain “Oh I am in constant pain” is a lousy answer. Give the doctor specifics of when, where, and how the pain feels. All pain is not the same. Some is burning, some is aching, some is sharp, some is throbbing, some is worse in the evening, some is worse when sitting, etc. Get the picture?

2.   Don’t exaggerate your symptoms or problems. The doctor may have seen 10 people that day who are worse off than you are, you are more likely to get his/her sympathy by stating the facts about what you are able to do (with specifics).

3.   Make sure the doctor knows your priority is getting back to work/normal. Some doctors will be suspicious of someone who doesn’t get better as quickly as is common. When that happens they may unfairly suspect you are not as bad off as you have told them. Make sure the doctor knows that you want to get back to work, get off your medications, and get your life back as soon as possible. Asking the doctor whether there is anything else you can do to speed your recovery is a good start. Asking about reducing your medications is also a fair and good question that puts you in a good light.

Finally, if you have a case and you are concerned about your relationship with your doctor, call us or email us. We’d like to help.

The Insurance Institute for Highway Safety has published a study that concludes that anti-lock brakes on motorcycles will reduce fatalities 28%. Although some riders claim they can beat the stopping power of an ABS system, that’s certainly not true for all riders. Motorcycle accidents in Nashville and Tennessee aren’t any different than those in other places. With the number of untrained riders out there, anything that can reduce fatalities this drastically needs to be considered. We have represented motorcyclists in Nashville and Tennessee for more than 20 years, and I am guessing that any of them or their families would consider ABS a safety feature that they cannot be without on their next bike. To review this study on the use of ABS braking systems to reduce fatalities from motorcycle crashes, click here.

Over the years, our firm has handled a number of cases involving garbage trucks. While most of us are asleep, drivers of garbage trucks are already working picking up loads as early as 3 a.m. While that sounds industrious, the problem is that by 11a.m. these drivers have already been on the road for 8 hours. They drive huge vehicles that are so heavy that nothing will stand up to them.  In a residential neighborhood, the safest procedure is to have a route completed before children and others are on the street.

This case resulted from a 13 year old who was on a bicycle being struck in a crosswalk by a garbage truck. The injuries were serious, leaving the child with a 10 inch surgical scar and a permanent limp.

In the lawsuit, the garbage truck company blamed the boy’s parents for not training him on the rules of the road. Fortunately, the jury wasn’t fooled -but the garbage truck company has appealed, so it may be several years before this boy and his family receive any compensation.  Like many good cases, this is a case that took hard work and lawyers who were willing to go the distance.  For a grid you can use to evaluate who you should hire for your case, click here and to review the profile of an AVVO 10.0 rated attorney, go here.

It was just after midnight on Friday July 3, 2009. 30 year old Nicole Gill was riding her 2007 Suzuki motorcycle. She was on Trinity lane approaching the intersection with Brick Church. A driver she passed on Trinity Lane said she was traveling at a high rate of speed. The light was red for Trinity lane at the intersection, and she struck a black grand prix making a left at the intersection.

Ms. Gill was taken to Vanderbilt Medical Center, but died of her injuries. Our condolences to her family and friends.

We often see people riding Suzukis and other street motorcycles around Nashville, and for fun the riders will often show off their quick acceleration and maneuverability. These maneuvers may be fun, but they are never safe on city streets. Every rider should go through motorcycle safety training like that offered by the State.  As attorneys who represent motorcycle riders in Nashville and throughout Tennessee, we know that most wrecks and fatalities are the result of automobile drivers who just don’t see the motorcycle. When witnesses report a motorcycle speeding through a redlight, it doesn’t make much difference whether or not the driver of the car saw the motorcycle or not.

Older adults who may be on a variety of medications are often unaware of how those medications may affect their ability to safely drive a car. The numbers are staggering. In a study of 630 adults over 55, 95% were found to be on prescription drugs – but less than a third of these adult pill takers had any idea of how their medication could affect their driving. We have lots of people on medication and driving in Nashville, and they aren’t any different than the people in this study. They don’t have any clue how their medications may affect their ability to drive safely. How often are car wrecks in Nashville caused by prescription medication, but no one asks or finds out? We always ask. It can make a difference to our clients in getting a quick and fair result. For more information on this study, click here.