(1) Have your medical needs met;

(2) Be sure to exchange insurance information with all vehicles involved in the accident;

(3) Tell your version of the accident to the investigating officer, if possible;

(4) If you leave the scene other than by ambulance, and later have physical problems, please go to the ER and have your injury checked out. To fail to do so is especially dangerous in chest injuries and head injuries. However, the list of reasons and conditions which indicate you should go to the ER is long. If you are in pain, unless you are under the care of another medical doctor, chiropractor, or health care provider you should seek medical treatment as soon as possible.

(5) Get the reference number from the investigating officers to be able to order the accident report;

(6) Order the accident report or have your attorney do so;

(7) Keep a list of all health care providers;

(8) Keep a copy of all bills;

(9) If you are going to retain an attorney, have that attorney with you when you give your recorded statement to the insurance company;

(10) Do not give a recorded statement while under the influence of narcotics or other pain medications.

Attorney D. Russell Thomas has over 32 years of experience in handling personal injury matters. If you believe you have been injured as a result of an individual or company’s acts of failures to act, please contact our office immediately for a free case evaluation.

For specific information regarding automobile liability, please follow this link to an article on our site regarding Automobile Liability In Tennessee

There is only one way for any member of society to hold another accountable for their actions: Jury Duty.  Next to military service in a time of war, there is no greater responsibility to our country than serving as the voice and conscience of your community through jury service.  Without jurors upholding our laws and enforcing the rules of our society, people would be forced to become vigilantes or return to trial by combat.  Without a jury system that is rock solid and rooted in the principles of our society, the community would crumble leaving citizens to fend for themselves.

It is for this reason that we have compulsory jury service where we no longer have compulsory military service.  Jury service is the greatest calling in our society and often it is the only means for the average person to make a significant impact on the community.

Should you be selected for jury duty, you should be aware that you have rights. (1) If you do not understand something you have right to ask the Judge to clarify it.  Our rules are often written and rewritten over long periods of time. Specific cases cause the legislature to reword something, or we must rely on the courts to tell us what the legislature meant to say.  All of this can be confusing and frustrating, not only to jurors but to the parties and the attorneys.  But as the trier of the facts of a case, the jury, above all others, must understand what they are being asked, what the state of the law is, and what the results of their decision will mean.

(2) If a member of the jury refuses to follow the rules, whether it be by debating the case prior to the jury charge, deciding the case prior to hearing the evidence, or deciding the case without following the law, the remaining jurors have an obligation to report it to the Judge.  Not everyone can set aside their personal feelings about a particular issue.  Not everyone is honest during jury selection.  Not everyone will take the process seriously or try to follow the rules.  Jurors who ignore the law and decide cases based on something other than the Judge’s instructions are participating in “nullification”.

Again, without rules our society cannot function.  A juror who does take their service seriously, and tries to follow the rules for the protection of every member of the community, deserves to serve on a jury with 11 other people who feel the same way.  Only through a unanimous verdict from the jury can any case be decided.  Even if we do not always agree with a particular law, we must follow the laws we have.  It is not the job of a jury to make the laws.  The jury is there to enforce the laws and hold people accountable for their actions.

Often a juror’s disagreement with a particular law is due to information they believe should be a part of the consideration, but the information was not given to the jury.  The best examples are the ideas of insurance and attorney’s fees.  Jurors know that many people have health insurance to pay for their medical expenses.  Some people have short term disability plans or end up on social security disability.  Unfortunately, attorneys are not allowed to discuss insurance during a trial.  It is often not permissible to tell a jury whether a person has insurance or not.  The attorney is not allowed to tell a jury that a particular insurance company which paid for treatment wants their money back at the end of the trial.

It is likewise not permissible to discuss how the attorney’s get paid.  Some jurors think the losing party pays the other side’s attorney and all of their costs.  Some jurors believe that the Judge will award costs and fees after the jury has ruled.  In reality, the attorneys for the defendants are typically paid by an insurance company and the attorney for the plaintiff is paid a portion of whatever the jury awards to the plaintiff.  Few of the costs are recovered by the winning party.  In short, a plaintiff who is awarded a verdict must pay the litigation costs, insurance reimbursements, and attorney’s fees out of their verdict.  But the jury is not given any of this information.  They are only told not to consider any issue of insurance or any information not put before them.  This is why it is so important for a jury to follow the instructions given by the Judge.

If you ever find yourself selected for jury duty, count yourself fortunate.  You have an opportunity to be involved and make a difference.  As members of the community, we respect and honor those selected to serve on the jury.  To protect ourselves, to protect our children, and to protect our society, we must protect and uphold the laws that society has made.

God bless the United States, the State of Tennessee, and our courts.

“Notice” of Work Injury in Workers’ Compensation Cases.

Tennessee law requires that the injured worker give notice to his employer of a work injury.  While some employment handbooks have reporting guidelines of less than 30 days, under the Workers’ Compensation law, the time limit is 30 days for written or actual notice.  Actual notice may be one’s supervisor witnessing an accident, verbally reporting an accident to a supervisor and/or being hauled away from the accident scene on a stretcher and taken by ambulance to the local emergency room.

The problem with actual notice (absent the ambulance illustration) is that one often gets into a he said/she said contest of what was reported.  It is much safer and recommended that an injury report be submitted in writing.  If the employer does not complete an incident report and a First Report of Work Injury (accident report) then the employee should:

a) Write a description of the injury relating it to the work activity;

b) Give a description of what body parts are injured as a result of the accident;

c) Give the date and time of the accident;

d) Give the location of the accident;

e) Deliver this to someone in supervision (HR if there is an HR Department), on a construction site to the owner or manager of the job.  The notice has to be given to someone in supervision.  It cannot be given to a co-worker or you run the risk of a problem;

f) Keep a copy of the notice.  Paperwork does get lost;

It is surprising how often this issue comes up.  It is also surprising how often the defense has no merit once the injured workers’ attorney makes an investigation.  However, please take precautions to protect yourself and your family from this defense by being certain that notice is given in a timely fashion to the employer.

When you’re injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find rather than making an informed choice. Before you hire a personal injury attorney, it’s important to educate yourself and find the right fit for you and your case. The following list can help you find an attorney who is right for your case.

1. Experience Assessing Claims. Personal injury attorneys are experienced with cases like yours and can tell you at the outset whether it is worth your while to pursue legal action. If you are unlikely to prevail, you will not need to incur the time and expense of preparing for litigation.

2. No Fees If You Don’t Recover. Most personal injury attorneys work for a contingent fee, which means that if you do not win your case or reach a settlement, you will pay no attorneys’ fees. However, you may be responsible for other expenses associated with your case. Your attorney will explain any costs you may be responsible for when you meet with him or her.

3. Red Tape. An experienced attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

4. Investigative Team. Experienced attorneys work with a team of investigators who have experience in specialized areas and will skillfully investigate the technical aspects of your case.

5. Objectivity. A personal injury attorney can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, your attorney may counsel you that it is in your best interests to wait for a more appropriate offer.

6. Alternative Dispute Resolution. An experienced attorney will know whether your dispute may be best resolved through mediation, thereby saving you time, money, and emotional energy.

7. Experience Working With Other Lawyers. An experienced personal injury lawyer can often deal most effectively and expediently with opposing counsel.

8. Experience With Insurance Companies. Lawyers are also used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.

9. Settlements. Personal injury attorneys work hard to reach settlements that meet their clients’ needs as early as possible in the litigation process.

10. Jury Verdicts. If a trial becomes necessary, a personal injury lawyer can zealously represent you in court and work toward achieving a jury verdict in your favor.

If someone injured you through their negligence in driving a vehicle, then you have rights under the law. You want to make sure to protect those rights after a car accident so you don’t end up paying- financially and personally- for someone else’s careless driving behavior. Read on for the top 10 reasons you need an attorney to protect your rights after a car accident.

1. You have only a limited time to sue: In most states, the statute of limitations for filing a car accident claim is between one and two years. If you don’t sue within that time, you give up your right to sue forever.

2. You may need to comply with certain rules in order to sue You may need to file a police report or file notice within a given period of time. Your individual state may have additional requirements as well. An attorney who is experienced in handling car accident injuries in your area will be familiar with the laws and can help you make sure you don’t do anything that jeopardizes your right to sue the party responsible for your injury.

3. Your insurance company may have a different agenda: Most insurance companies aim to protect their insureds and to compensate them for damages. However, insurance companies also aim to keep costs down and reduce their overhead. Since your agenda and your insurance companies agenda may not perfectly align, hiring an attorney can be the best way to insure you have an advocate for your interests.

4. You may not fully understand all of your potential damages: There are a slew of potential damages available to people who are injured in a car accident. In addition to medical bills, you may be able to recover for lost wages, pain and suffering and emotional distress. Your family members may even be able to recover for the loss of your companionship if you have become incapacitated. If you don’t hire an attorney, you may not be aware of all of your potential legal rights to recovery.

5. Proving liability can be complex Even with witnesses and a police report saying the other party is at fault, proving that he was so negligent that he breached a duty of care to you can be difficult. Since there are many elements that go into winning a personal injury lawsuit, you will need to hire an attorney who understands the law and who can provide references to cases, citations and other sources of law that support your position.

6. The laws differ from state to state: Auto insurance and auto accident rules are decided by each individual jurisdiction. For example, there are 12 “no fault” states in the US in which you cannot sue after a car accident except in special circumstances. Likewise, in some states, you can sue even if you were partially at fault for the accident (called comparative negligence states) while in others, if you contributed to causing the accident you can’t sue (called contributory negligence.) An attorney in your area can help explain all the nuances of the law within your jurisdiction to you, so you will fully understand all of your legal rights.

7. You need to understand settlement options: Most cases settle out of court, which means the defendant or his insurance company is likely to make you an offer. Your attorney can help you understand the implications of accepting this offer, since once you accept, you give up your right to sue forever. He can also help you to evaluate whether settling is the best option in your case or not.

8. Filing a lawsuit requires adhering to complex rules If you decide to sue, you will have to file the appropriate papers in the court. This is not as simple as going to the court house and announcing your intent to sue. A number of complex rules exist on everything from the font size of the brief to how legal precedent is cited and what evidence is admissible. You will need a lawyer to guide you through the complicated process of filing suit.

9. Proving your case can be even more complex- Just as filing your case is complex, proving your case is even more so. You may be permitted to “discover’ certain information from the other side, and you may be limited in the types of witnesses and evidence you present. There are even restrictions on the kind of questions and phrasing of questions you ask in court. Furthermore, extensive legal research often needs to be done to convince the court or jury to side with you. As such, it is very difficult to prove personal injury liability on your own.

10. If you don’t hire an attorney, you could be faced with financial loss- If you don’t sue in time, if you don’t sue for the right damages or sue the right defendants, and if you lose your case as a result of improperly presenting your information, you will be barred from ever suing again. This means you will have used up your only chance for recovery and you will be stuck with all the costs and bills as a result of the accident that someone else carelessly caused.

Every 16 minutes, a person is killed or sustains injuries in accidents involving 18-wheelers, tractor-trailers or semi-trucks

In 2001, 429,000 large trucks were involved in traffic crashes (both fatal and minor) in the United States:
- 4,793 were involved in fatal crashes
- 5,082 people died
- 131,000 were injured
- In 2001, there were 6,536 total crashes involving tractor-trailer trucks in Pennsylvania;154 were fatal.

In 2003, there were 58,512 total vehicle accidents involved in fatal crashes in the U.S.

- 4,669 were large trucks involved in fatal truck accidents
- Large trucks are more likely to be involved in a fatal multi-vehicle crash than are passenger vehicles.

In 2003, Texas witnessed 5040 fatal traffic accidents, of which 438 were fatal truck accidents. This number has risen from 5039 total traffic accidents and 401 fatal truck accidents for the previous year 2002. Similarly, in Pennsylvania, there were 2233 fatal traffic accidents in 2003, of which 213 were fatal truck accidents, as opposed to corresponding numbers of 2198 and 174 for the year 2002. Florida had 4432 fatal traffic accidents in 2003, with 343 of them involving trucks, which was higher than 4431 total traffic accidents for 2002 but lower than the 351 fatal truck accidents in the same period. The highest number of fatal traffic accidents happened in California, with the number being a staggering 5725 fatal auto accidents in 2003. But at 332, the number of fatal truck accidents was not the highest among all states in the US.

Trucking revenues totaled $610 billion last year and revenues are forecasted to nearly double by 2015. The majority of fatal truck accidents occur in rural areas (68 percent) during the daytime (66 percent) and on weekdays (78 percent). In 2002, the majority of large truck crashes occurred in good weather (71 percent), on dry roads (71 percent), during the daytime (75 percent), and on weekdays (88 percent).

About 27 percent of all large truck drivers involved in fatal truck accidents throughout the United States had at least one prior speeding conviction compared to 19 percent of the passenger vehicle drivers involved in fatal crashes. From 1992 to 2002, the number of large trucks involved in fatal crashes has increased by up to 10% due to driver fatigue, unsafe vehicle operation, large, unstable loads or defective equipment.

Defects contribute to the number of large truck accidents each year. Some of these defects include:

- Tires or wheels: 80 crashes
- Brake-related: 76 crashes
- Engine/Transmission: 52 crashes
- Steering Wheel: 13 crashes

About 700 heavy truck drivers and passengers in truck cabs die each year. In addition, almost 3,700 persons in cars and other passenger vehicles die annually in collisions with heavy trucks.
The Insurance Institute for Highway Safety reports that in crashes involving large trucks and other vehicles, 98% of the fatalities occur to the people in passenger vehicles.

The National Highway Traffic Safety Administration (NHTSA) has warned groups using 15-seat passenger vans about the dangers of fully loading the vans and then putting an inexperienced driver behind the wheel. The NHTSA also stated that 15-passenger vans are large trucks and should only be driven by people with experience driving large trucks.

The FMCSA’s Motor Carrier Management Information System (MCMIS) classifies a truck as large if its gross vehicle weight rating (GVWR) exceeds 10,000 pounds.

The majority of fatal crashes involving tractor-trailer trucks include trucks that are pulling one trailer. A recent survey showed that 64% of fatal truck crashes had one trailer. Thirty-two percent of those involved single-unit trucks (no trailer) and fewer than 4% of the those involved multi-trailer vehicles (more than one trailer).

Nationwide Truck Accident Lawyer directory that provides listing of emi Tractor Trailer Accident Attorneys in all US states. Find attorneys and law firms in your area specializing in Truck Accident litigation and get a free case evaluation.