Summer is officially in full swing.   And while it is the season for vacations and relaxing by the pool or lake, summer can also be a dangerous time.   Here are 3 things you should know to make sure everyone enjoys a safe summer.

1. Statistically, children are the most common victims of dog bites and, during the summer, children are outside running, playing, often being loud while enjoying their yards, parks and other public spaces.  Experts agree that any breed of dog is capable of biting or attacking, so it is imperative that you adequately control your dog.  Tennessee has a leash law, yet every week, our experienced lawyers are contacted for help following a dog bite or attack.  Of course, Tennessee’s leash law does not just help prevent dog bites and attacks.  A dog running loose can cause other types of accidents such as knocking a person down or causing a bicyclist to wreck. While some homeowner’s insurance covers dog bites and attacks, others do not because of a bully breed or other exclusions. So, you should know your personal assets are at risk if your dog hurts someone, so keep your dog on a leash and well-controlled.
2. If you have a teenage driver, summer is a very dangerous time. You should know that the days between Memorial Day weekend and Labor Day are considered the most dangerous for teen drivers who are free from school responsibilities and on the roads, often with a carload of friends.  Discuss your expectations about driving behavior.  Ensure that they know it is illegal to hold a cellphone and drive in the State of Tennessee.  Talk to them about other distractions like eating, friends in the car, navigation systems, etc.  Monitor their speed and driving with one of the assortment of apps available.  Establish penalties for infractions and then enforce them if the rules are violated.  Finally, model the driving behavior you expect from your teen driver.  If you are driving and checking your phone, they are more likely to think such behavior is acceptable.
3. If you are boating on a Tennessee lake or river (like Lincoln Day in the photo), you should know that you are financially responsible for any accidents involving your watercraft whether you were driving or not so do not entrust your boat or jet ski to someone who is underage, under the influence or inexperienced. In fact, individuals born after January 1, 1989 must successfully complete a boating safety exam before driving a boat or jet ski.

From the Law Offices of John Day, we hope that everyone has a safe and fun-filled summer. But, if you are injured because someone else was careless or failed to obey the law, we are here to help.  We handle all accident cases on a contingency basis so we only get paid if we recover money for you and your family.  We advance all case expenses so you are not out of pocket any money to pursue your legal rights, and unlike many injury attorneys, we never charge interest on case expenses.  Our award-winnning lawyers offer a free, no-obligation consultation so you can get your questions answered and decide if we are the right lawyers for you.  Give us a call.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787

Recently, in California, a 14-year-old boy doing wheelies on an e-bike struck and killed a pedestrian.  Under California law, because the bike was capable of higher speeds, the minimum age was 16 years old.  To make matters worse, in an interaction with law enforcement before the fatal accident, the mother told police that she “knew that he drove it recklessly”.  The mother is now charged with involuntary manslaughter, felony child endangerment, felony accessory after the fact, misdemeanor counts of providing false information to a police officer and contributing to the delinquency of a minor.  She faces 7 years and 8 months if convicted on all counts.

So, what do you need to know about e-bikes and e-motorcycle accidents in Tennessee?  Read on to learn more about the classification of e-bikes, where they can ride, requirements for registration, licensing and insurance as well as an important change to Tennessee e-bike law set to take effect on July 1, 2026.

Tennessee classifies e-bikes into three categories.  Class 1 is an e-bike which provides pedaling assistance and stops providing that assist when speeds reach more than 20 mph.  Class 2 is throttle-actuated motor that also stops providing assistance when speeds reach more than 20 mph.  Class 3 is a pedal assist e-bike that stops providing assistance at speeds over 28 mph.

All e-bikes manufactured after January 1, 2017, must have a label displaying the bike’s top speed, classification number and motor wattage.  It is a violation of Tennessee law to modify or replace the required e-bike label.  It is also a violation of Tennessee law to modify an e-bike to change the speed capacity without also providing a new accurate label.

Electric bikes are granted “all rights and are subject to all duties applicable to the driver of a vehicle”.  E-bikes must comply with all federal and state laws regarding safety equipment such as reflectors and brakes.  Tennessee specifically requires Class 3 electric bikes to be equipped with a speedometer.  E-bike riders must always have one hand on the handlebars, and the number of riders must not exceed that for which the bike was designed.  In other words, if it is a 2-person bike, three people is a violation.

Class 1 and 2 electric bikes may be operated on any street or highway where bikes are legally allowed to travel including bicycle lanes and bike paths or trails.  Class 3 electric bikes are not allowed on paths or trails except under narrow exceptions.  None of the three types of e-bikes are allowed on sidewalks.   Importantly, State law allows local and state agencies to adjust these rules by resolution or ordinance.  As such, if you are riding an e-bike of any type, you need to familiarize yourself with your local ordinances to determine if you can be on paths, trails or the sidewalk. Riders of a Class 3 e-bike must wear a helmet.  Violations of most e-bike regulations is a Class C misdemeanor.

The Tennessee Legislature has specifically excluded motorized bikes from the definition of “motor vehicle”, so laws related to registration, financial responsibility and insurance do not apply to e-bikes except for under narrow circumstances. Even if it is not legally required, if you or your child injures someone while riding an e-bike, you are going to want insurance.  If you do not have it, your personal assets including your bank accounts, home, cars, etc. are at risk.  Unfortunately, auto and homeowners’ insurance often excludes electric bikes, so you should check your policy before riding and do not assume those types of policies provide coverage.   Specialized e-bike insurance is available or an addition can be made to many homeowners insurance policies.

Like in the California example at the beginning of this blog post, parents cannot turn a blind eye to their children’s use of an e-bike.  Tennessee law requires that parents or guardians not authorize or knowingly permit a child to violate any of the electric bike provisions.   Finally, effective July 1, 2026, the minimum age for a Class 3 electric bike will increase from 14 to 16 years old.

E bikes can be fun but they can also be dangerous.  Please ride responsibly and insure that you have adequate insurance to protect yourself and anyone that is hurt by an accident you cause.  As always, we are here to help if you need us.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787

Despite the eye-popping price of gas, plenty of Americans are still planning on traveling for the Memorial Day weekend.   In fact, AAA estimates 39.1 million people will drive at least 50 miles to celebrate the holiday and long weekend.  Whether you are headed to the lake, the river, a theme park or just your Aunt Betty’s house for hotdogs and ice cream, here are some important safety reminders before you head out the door.

There are three important things you should do before you leave.  First, ensure that your car, truck, SUV or motorcycle is in good working condition.  The weather is definitely getting warmer which will affect asphalt temperatures and tire performance.  Make sure you have sufficient tread and that your tires are inflated to the proper level.   Other items to check are windshield wipers, fluid levels and that all lights (headlights, taillights, turn lights) are working properly.   If your brakes are squeaking, grinding or feel spongy, drop into an automotive repair facility and make sure there is not an issue.

After confirming that your vehicle is in good working order, the second thing you should do before you go is to allow yourself enough time to arrive to your destination without being stressed, speeding or engaging in other aggressive or reckless driving.   Assume that traffic is going to be heavy.  Assume that other drivers are going to drive less than proficiently.  Assume that the Buc-ee’s is going to be crawling with people looking to fill up their gas tank, use the restroom and grab a brisket sandwich and some Buc-ee’s nuggets, so you are not going to make as fast of a pit stop as you would like.

The third and final thing you need to do before you leave is to make sure your car insurance is in order.   Tennessee is consistently one of the worst states for uninsured drivers.  1 in 5 drivers in our State do not have any insurance.  Zero.  Many drivers only have the legal minimum level of insurance, which is $25,000 per person/$50,000 per accident.   This means that, if one of these drivers injures you, the most you can recover from their insurance carrier is $25,000, regardless of how badly you are hurt.  Your family can only recover $25,000 from the negligent driver’s insurance carrier even if you are killed.  Worse yet, if multiple people are badly hurt, you may not even get the $25,000 because $50,000 is the most the insurance company is required to pay regardless of how many people are hurt.

Of course, if the negligent driver has additional assets, an experienced injury lawyer can help you recover more than just the insurance proceeds.  In fact, at the Law Offices of John Day, we are seeing this more often; individuals with substantial assets and yet only the legal minimum of insurance.  Whether through ignorance, bad advice from their insurance agent or the hopes that most injury lawyers will take the insurance proceeds and not do the hard work of pursuing the assets, it never ceases to amaze us when this type of situation arises.

However, the sad truth is that most people choose to drive without insurance or to purchase the legal minimum insurance because they can’t afford to do anything else.  So how do you protect yourself and your family?  Uninsured/underinsured motorist coverage (UM/UIM) is critical especially in this State.   UM/UIM insurance protects YOU in the event you are injured by a driver without insurance or without sufficient insurance.  It is surprisingly affordable and could mean the difference between being compensated for your injuries or not.  So, before you head out for Memorial Day weekend, check your policy and call your agent.

At the Law Offices of Day, we remain grateful to the soldiers and their families on this day of remembrance and every day.  And, we hope everyone enjoys a safe holiday weekend.

Three of the biggest causes of car accidents are speeding, distracted driving and drunk driving.   As usual, there is good news and bad news.  The good news is that German automakers have developed extremely useful technology to combat drunk driving that may soon be in vehicles.  The bad news is some drivers are not satisfied with one type of risky driving behavior and instead are doubling up.  And hands-free driving technology may not be improving safety. 

First, let’s talk about the good news.  Certain German vehicles could soon have touchscreens for their vehicles that can test blood alcohol level for drivers.  It sounds like something out of Star Trek, the Jetsons or Star Wars (do those pop culture references age us?)  The technology was developed by two other German companies, but it may soon be incorporated into Volkswagen AG, Stellantis NV and Mercedes Benz Group AG models.  A user would touch the sensor, which would then send infrared light pulses through the skin to measure ethanol molecules in the tissue.  The data would be recorded and assessed for the alcohol content in the blood.  To date, the technology appears validated but will undergo more rigorous trials in November.

Now, let’s talk about the bad news.  According to the Insurance Institute for Highway Safety, drivers who are speeding are also more likely to be on their phones.  Of course, speeding increases stopping distance and distracted driving decreases reaction time – a dangerous double whammy.   Even more alarming is that the corollary between speeding and distracted driving was the highest on interstates and roads with higher speed limits.   Generally, on these types of roads, there are fewer traffic lights, less bicyclists and pedestrians and so experts believe that drivers perceive less risk to speeding while also texting or engaging in other forms of distracted driving.

Surveys reveal that drivers understand these behaviors are dangerous but admit to doing them anyway.  Not surprisingly, 9 out of 10 drivers believe unsafe driving has increased in the past year with the highest complaints directed at speeding, cellphone use and road rage. Unfortunately, a recent report from the National Transportation Safety Board found that hands-free driving systems may not be the answer.  Drivers tend to become too reliant on the technology and become distracted by cellphones and entertainment screens.

Every single day, our award-winning lawyers see the effects of car crashes: injuries or death, lost time from work, scarring, emotional trauma, permanent impairments, the anxiety and worry of dealing with the medical bills, property damage and more.   It is our privilege to help people through the stressful aftermath of a car accident and help them understand their legal rights and options and recover the financial compensation they deserve.  We handle all car accident cases on a contingency basis, so we only get paid if we recover money for you.  And unlike some injury lawyers, we advance all case expenses interest-free so that you do not have to pay a penny out-of-pocket to pursue your legal rights.   To get started, just give us a call.  We will answer your questions in a free, no-obligation consultation so that you can decide if we are the right attorneys for you.

Nashville: 615-669-3993

Brentwood: 615-742-4880

Murfreesboro: 615-867-9900

Toll-Free: 866-812-8787

Yes, you read that right.  Two South Korean fighter pilots were filming and taking selfies and collided midair.  Apparently, it was the final flight for one of the officers who climbed and banked sharply to improve the camera angle.  The other pilot was filming the retiring officers’ maneuvers.   Neither pilot was concentrating solely on flying their respective jet.

The good news is that the midair collision was not severe.  The retiring pilot’s tail struck the wing of the other plane.  No one was hurt but it did cause $600,000 in damage, and the retiring pilot was ordered to pay 10% of the repair costs, which honestly seems light.  Worse yet, the other pilot, the one that was not retiring, was suspended from flying, received severe disciplinary action and ultimately left the military –  all for some selfies and a video.

Of course, fighter pilots are not the only ones guilty of this type of careless conduct.  Every day, people ignore their surroundings and obligations to other people in order to take a selfie or film a video so that they can share it on social media, etc.   In fact, we recently wrote in this blog post about a social media influencer who struck and killed a pedestrian as she was filming a live video while driving.

In Tennessee, it is illegal to drive a vehicle while holding your cellphone.  In fact, a friend who was unaware of the law recently got pulled over and ticketed for talking on the phone, while holding it, and driving.  (She has paid the fine but has yet to see how that citation is going to impact her insurance rate).

Even if you are using a cellphone holder to film a video while driving, if you are taking your eyes off the road to look at the camera you are breaking Tennessee law.  Specifically, Tennessee law states: “every driver of a vehicle shall exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm.”

Of course, your cell phone is not the only thing that can prevent you from maintaining a safe lookout and giving your full time and attention to driving safely.  This applies to other activities as well.  You also should not be rummaging around in your gym bag, reading the newspaper (yes, we have seen it), putting on make-up or driving with your dog on your lap, etc.

In the case of the retiring South Korean fighter pilot, he had to reimburse a portion of the damage to the jet.  The other pilot was punished severely and ultimately lost his career.   If you are driving while taking selfies or otherwise failing to give your full time and attention to the road and you seriously hurt or kill someone, the consequences could be significantly worse.  Of course, you will be responsible for all the damage that you cause to the other driver’s vehicle and for all their injuries or their death.  Hopefully, you have adequate insurance.  To the extent that you do not, your personal property, bank accounts, home and other assets are at risk.  If a jury or a court finds your conduct was reckless (a conscious disregard of a substantial and unjustifiable risk) the consequences of your actions), you could also be responsible for punitive damages which are generally not covered by insurance.  Lastly, your conduct may be considered criminal and you could face additional penalties and jail time.

So, for the love, put the phone down.  Teach your teenagers about the hazards of using a cellphone while driving.  Model good behavior for your kids.  You should also check your insurance policy to make sure you have adequate uninsured/underinsured (UM/UIM) motorist coverage in the event it is YOU that is harmed by some selfie-taking driver without adequate insurance.

If you have questions about a car accident, give us a call.  We offer a free, no-obligation initial consultation so that you can get answers without making a commitment.  If we think you have a case and you decide to hire us, we handle all accident cases on a contingency basis so we only get paid if we win, and we advance all case expenses without interest, unlike a lot of injury lawyers.

To get started, call us at 615-742-4880.  We are here to help.

AI presents a new legal threat and people involved in litigation or who are contemplating litigation need to be aware of it.  You may have already heard about situations in which lawyers relied too heavily on AI and got in trouble with the court.  If not, just Google “lawyer who used AI to write brief”, and you can read case after case in state after state where lawyers have been sanctioned by courts for using AI to write their briefs.  While there is not a general prohibition on lawyers using AI, there are strict prohibitions about lawyers citing non-existent cases, erroneously quoting previous case law, etc.  In the cases of the sanctioned lawyers, AI “hallucinated” and gave the lawyers incorrect information and the lawyers did not double check its accuracy before submitting it to the Court.  Now, there is a new danger, and it is with clients asking AI legal questions either before or during the litigation.

In a recent case, a judge ruled that questions and answers between a party and the AI tool Claude were not protected by the attorney-client privilege and that all the information exchanged must be given to the attorneys on the other side of the case.  Communications between a client and a lawyer are almost always protected by the attorney-client privilege and not subject to disclosure.  However, communications with non-lawyer third parties are not protected.  The judge’s reasoning was that the defendant had voluntarily revealed confidential information to Claude and Claude’s own terms of use make it clear that the companies can use the data they receive from their users with third parties.  Interestingly, the chatbot’s terms also state that users should consult with a qualified legal professional for legal advice.

Conversely, in another recent case, the judge ruled the exact opposite in a situation where a woman had used AI in her employment case against her former employer.  In that case, the judge reasoned that the chatbot was a “tool” not a “person” and therefore did not rise to the level of disclosure to a third-party.

Two different outcomes in two different courts, but the lesson is clear.  Until courts or legislatures set defined rules on whether communications with AI are confidential, individuals considering litigation or involved in it should not use AI to discuss, research or organize their case.  Some law firms are cautioning their clients who want to use AI for their legal case to include language to the effect of “I am doing this research at the direction and request of my lawyer for my case against X”, etc.

Our advice is: do not use AI at all for case-related questions.  You hire a lawyer so you can fully disclose all issues and receive confidential advice about your case from an experienced attorney – do not get your legal advice from an AI program.  And respectfully, if you think you need to do your own research to double-check the advice of your lawyer, you probably need to find another lawyer.  To be sure, we often give advice that our clients do not particularly like.  Our job is to tell us what you need to hear not what you want to hear.  But, if you think you need to use Claude or any other AI tool to double check the accuracy of your lawyer, that is indicative of a deeper problem in your attorney-client relationship.

None of our lawyers are named Claude, but we are seasoned trial attorneys with decades of combined experience in helping injury victims and their families.  If you have questions about a potential claim, do not use AI.  Instead, call us for a free and confidential consultation.  We handle all injury and death cases on a contingency basis, so we only get paid if we recover money for you.  Call 615-742-4880 to get answers.

In today’s post, we thought we would go over some commonly misunderstood legal terms.  The idea developed after re-watching the series Friends with our teenage daughter.   In Season 7, Episode 8, Joey misunderstands the term “moot” when discussing Rachel’s assistant and instead uses “moo” to great comedic effect.  Like many professions and jobs, the law uses some terms that don’t arise in everyday conversation so here are some of the terms most commonly Googled by Americans along with our explanations as to their meanings.

Let’s start with “moot”.  Joey’s understanding is fairly correct (“it doesn’t matter”).  Here is an example of how it might arise in the law.  Imagine that you are going through a divorce and your spouse takes the dog that had been yours before the marriage.  In the divorce proceedings, one of the things that you sue for is the return of the dog.  After being served with the divorce papers and consulting with a lawyer, your spouse returns the dog.   The issue of whether the court should order your spouse to return the dog is now a “moot point” because the dog has already been returned.  While other issues may remain in the case such as division of assets, child custody, etc., the dog issue is moot, which means the court will not rule or decide that issue.

Here are some other words that are frequently researched online:

1.  Affidavit – An affidavit is simply a written document setting for facts and/or opinions and signed under oath and notarized.  In some situations, lawyers can use the affidavit in lieu of having a witness come to testify.  For example, in civil litigation in the context of a motion for summary judgment, the Rules of Civil Procedure permits affidavits instead of live testimony or depositions.  Lawyers can also use affidavits to lock-in a witnesses testimony.  For example, in a trucking accident case, a lawyer may ask a witness to sign an affidavit about what they saw at the time of the accident.  This helps prevent the witness from changing his testimony or it can be used if the witnesses memory begins to dim due to the passage of time.
2. Class action – a lawsuit filed by an individual or a small group of people who seek to represent a much larger group.  For example, a hotel’s computer system is breached and thieves steal the identifies of the hotel guests.  One of the hotel guests can file a class action against the hotel seeking compensation for all of the guests who were involved in the data breach.
3. Deposition – This is simply a question and answer session under oath in the presence of a court reporter who records verbatim all that is said.  The parties to a lawsuit often participate in depositions but witnesses, experts and others can be subpoenaed for a deposition.  The deposition can then be used at trial either as substantive evidence, under certain circumstances, or for cross examination.
4. Tort – This is simply a general classification of certain types of lawsuits.  Injury and wrongful death cases of all types including medical malpractice, auto accidents, slip and falls, injuries caused by products, etc. are torts.  Other types of cases such as defamation, trespass, assault, conversion, etc. are also considered torts.   Think of it like this: there are all types of desserts ranging from ice cream to cookie to cake.  Likewise, there are all types of lawsuits that fall under the general category of Torts.
5. Appellate – After a trial and post-trial motions, if one side or the other is unhappy with the result, generally, they can appeal.   Appeals are filed in “appellate” courts, either the court of appeals or the supreme court.  The parties will be asked to file “appellate” briefs to assist the court in understanding the case.  Later, the court of appeals or the supreme court will issue an “appellate” decision.  As you can see, appellate is generally used to quickly help the reader or listener understand at what stage the proceeding is in i.e. on appeal.
6. Burden of Proof – this references who is responsible for proving a claim or defense.  For example, if you claim that someone defamed you, you have the burden of proving that they negligently or intentionally made an untrue statement to another person (either in writing or verbally) and it caused you damages such as being fired from your job.  On the other hand, if the person that you sue for defamation claims in their defense that the statement was actually true, then they have the burden of proof for that defense.  They must produce evidence to prove their statement was true.
7. Sanction – a sanction is generally some form of punishment administered by the court for improper behavior during litigation.  It can take many forms.  The court can fine a party, a lawyer or both for misconduct.  Or, for example, during a trial, the court can exclude certain evidence if proper protocols were not followed.  The court can also completely strike a party’s claim or defense if the misconduct is severe enough.

If you have more questions, we have answers.  Our experienced team of attorneys provides free, no-obligation consultations in any type of injury or death case.  All you have to do is give us a call at 615-742-4880.

It has been a long time since this there has been a post on this blog.  Some might actually say we have been negligent.  So, we thought we would use our return to discuss the law of negligence, especially since negligence is at the heart of injury and wrongful death law.   Negligence is comprised of three things: breach of duty, causation and damages.  It sounds easy enough, but these concepts are the stuff of nightmares for first year law students in a tort class.   Let’s get to it.

Duty is a legal obligation requiring a person to do OR not do something.   In the context of a car accident, drivers have an obligation to stop at red lights.  Another duty would be that drivers have an obligation to drive the speed limit.  If a driver fails to stop at a red light as they are required by law to do, the driver has breached his legal duty.  Likewise, if a driver races down the street exceeding the speed limit despite the law forbidding them to do so, it is a breach of legal duty.

Next is causation. There are two types of causation: cause-in-fact and proximate (or legal) cause.  For purposes of this blog post, we are going to keep it simple and discuss the concept of causation broadly.   Again, using the example of a car accident, people run red lights and speed in their vehicles every single day.  Fortunately, most of the time, these breaches of duty do not “cause” an accident.  For example, a car accident does not occur because there was not another driver entering the intersection at the red light.  But of course, sometimes the breach of duty does cause harm – the red-light runner hits another vehicle, or the speeding vehicle strikes a pedestrian or a bicyclist.   This is the causation part of the equation; the breach of duty caused an accident.

One final thought on causation before moving to damages:  if you run a red light or exceed the speed limit, it is a legal violation for which you can be issued a criminal ticket.  But if you run a red light and do not cause any harm, you have not been “negligent” as defined by the civil justice system.

Finally, to be negligent, there must be damages.   If someone runs a red light and causes an accident with another vehicle, they are responsible for the damages they cause.  Of course, there will almost certainly be property damage.   If the collision also injures the other driver, the red-light runner is responsible for the injury and the damages related to the injury.  For example, if the other driver sustains a broken leg in the accident and can’t work in his job as a waiter, the red-light runner is legally responsible for the waiter’s lost wages as well as the broken leg.

There you have it – a thumbnail sketch of the law of negligence.  Returning to the original question, have we been negligent in posting to this blog?   Since we do not have a legal obligation to write and publish blog posts, we have not been “negligent”, but we have certainly been derelict and will try to do better.  John is the President of the American College of Trial Lawyers this year, so the Days have had a lot of busy days. But as always, we are here if you need us.  Just give us a call at 615-742-4880

Recently, a woman in the Chicago suburbs was driving while doing a live stream on Tik Tok.  As she was smiling in the camera and responding to comments, a loud thud can be heard on the video followed by the driver saying: “F@ck, f@ck, f@ck, I just hit somebody”.   A child in the vehicle asks what happened and then the video was disconnected.   The driver remained at the scene until authorities arrived but unfortunately the man that she hit died from his injuries.  Let’s look at some of the legal ramifications of this tragedy.

In Tennessee, by statute, it is illegal to drive while holding your phone.  The news reports of this incident do not indicate whether the driver was using a hands-free phone mount or if she was holding her phone.  But even if she was using a phone mount and not holding her phone, Tennessee statutory law requires a driver to devote their “full time and attention” to driving.  If you are looking at your phone to record a video and respond to comments (even if she was doing it verbally), this driver was not giving her full time and attention to the act of driving.

Pursuant to Tennessee law, if you violate a statute such as the two mentioned above, you can be found negligent per se, which means that establishing a civil claim against you is significantly easier.   Essentially, negligence per se means you have been found negligent and the only remaining requirements are (1) to prove that the injured person was within the class of persons the laws were designed to protect and (2) damages.  Without a doubt, the laws prohibiting hand-held cellphone use and requiring drivers devote their full time and attention to driving are intended to protect other drivers, bicyclists and pedestrians, so that hurdle is easy to meet.  In this case, a man was killed so there is no doubt that damage was caused by this driver.  In short, the family of the injured man has a strong case against the driver of this vehicle.

In addition, if a judge or a jury determines this woman’s actions were “reckless” as opposed to merely “negligent”, this woman could be found responsible for punitive damages in the civil case.  Punitive damages are designed to do more than compensate the victim.  They are designed to punish.

Furthermore, this driver will likely face criminal charges and fines.  A District Attorney might choose to charge her with vehicular assault, vehicular homicide or reckless driving because she killed a man as a result of her choice to shoot a livestream video of herself and interact with commentators while driving.   Because she had children in the car, she might also be charged with child endangerment.

Unfortunately, this woman is not an isolated event; reports indicate this is a growing trend. Parents, please talk with your teenage drivers about the dangers of this type of behavior behind the wheel.  Adults, please think of the consequences.  You could hurt or kill someone.  You could go to jail.  You could jeopardize your custody of your children if they are in the car with you while you do this.  For fans of TikTok and other platforms, if you see a content creator driving while interacting with the app, quit watching as a way to disincentivize  this type of dangerous behavior.

As always, we are here if you need us.

Regardless of whether you call it Blackout Wednesday, Thanksgiving Eve, Whiskey Wednesday or Drinksgiving, the day before Thanksgiving is popular for excessive drinking.  More recently, Green Wednesday has entered the nomenclature, and it refers to those who prefer marijuana to, or in addition to, alcohol on the day before Thanksgiving.  The day before Thanksgiving is a popular day for partying for several reasons.  First, college kids and young adults return to their hometown for the Thanksgiving holiday and are eager to socialize and catch-up with old friends.  In addition, plenty of folks get off work and are ready to unwind knowing they have the next day off from work.  As a result, the National Highway Traffic and Safety Administration reports that the Wednesday before Thanksgiving is one of the deadliest days of the year for drunk driving.  Here are some things you can do to protect yourself and others.

If you are planning on drinking or smoking marijuana or consuming gummies, etc, please do not drive.  Plan in advance for a designated driver or confirm with friends that everyone will rely on a ride-sharing service such as Uber, Lyft, etc.  Use the ride-sharing service to get to the party so you are not tempted to drive home later in the evening when your judgment may be impaired.  Yes, it will cost more money to use a ride-sharing service to and from the party, but it is a lot cheaper than a DUI.  For example, if you are convicted of a DUI, the cost can be in excess of $25,000 due to attorney fees, court fines, the cost of court-ordered DUI schools and increased insurance premiums.

Or worse yet, if you hurt or kill someone, you could be facing serious criminal charges which require expensive legal representation.  In Tennessee, a DUI causing a death is a Class B Felony and carries a maximum prison term of 30 years and a $25,000 fine.  If your BAC is .20% or higher, you could be facing a minimum prison term of 15 years.

And for those who do not intend to celebrate Blackout Wednedsay, you can protect yourself by driving the speed limit which will allow you more reaction time to a sudden emergency caused by another driver.  Wear your seat belt and insist that all your occupants do the same.  Do not drive distracted.  If you see someone driving erratically, immediately report them to law enforcement.

Finally, if you are reading this and you are not sure of your auto insurance policy limits or if you are not sure whether you have purchased underinsured or uninsured motorist coverage, pick up the phone now and call your insurance agent.  Evaluate whether you need more coverage especially uninsured/underinsured motorist coverage, often referred to as UM/UIM coverage.  Uninsured motorist and uninsured motorist coverage protect you and your family if you are involved in an accident with someone without insurance or without sufficient insurance.  In Tennessee, 1 in 5 drivers has zero insurance. UM/UIM insurance is surprisingly affordable.  If the at-fault driver only has the legal minimum, your compensation will be limited to $25,000 regardless of your injuries unless the other driver has sufficient personal assets to compensate you. Underinsured motorist coverage can protect you in this situation.

From the Law Offices of John Day, we hope everyone has a wonderful and safe Thanksgiving holiday.  We are here if you need us.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787