Residents of Nashville spent most of the spring months stuck in their homes to help prevent the spread of COVID-19. As the weather continues to warm up, fewer people want to be stuck indoors any longer.

Bicycle sales across the U.S. have recently skyrocketed, according to Bloomberg. The reasons for this may include:

• Children out of school until Septembers and all school-related activities canceled

• People looking to get out and move while gyms are closed

• Cautious people want to avoid crowded bus stations and metro trains to continue practicing social distancing guidelines

How risky is cycling?

Cycling is fairly safe when everyone complies with the traffic laws. Unfortunately, that doesn’t always happen. Drivers get distracted by cellphones or other activities that take their attention away from the road.

In addition, more drivers are exceeding the speed limit as a result of fewer cars being on the road.

Intersections and roads without bicycle lanes also pose a danger to bicyclists.

Like pedestrians, bicyclists are vulnerable road users. They are not protected by metal frames, like drivers are. Nor do they have the luxury of seatbelts and airbags. Cautious bicyclists usually have nothing more than helmets and defensive riding to protect themselves from negligent drivers.

How can bicyclists avoid injuries this summer?

Despite the dangers bicyclists face each day in Nashville, there are ways to mitigate the risk of a crash or a serious injury in the event of a crash. AAA offers these tips:

• Be aware of your surroundings: Look left, look right, look center, and double check, especially at intersections.

• Wear a properly-fitted helmet: A bicycle helmet can reduce your risk of sustaining a serious injury by about 85 percent.

• Ride with the flow of vehicular traffic: Never ride against the direction of traffic. Always ride on the right side of the road and in a single file with other bicyclists.

• Avoid heavy traffic: Try to avoid areas where there is a lot of vehicle congestion, unless a bicycle lane is available.

• Use hand signals: Hand signals work the same way as turn signals in a car. They tell other road users which direction you plan on traveling. The NHTSA offers full information on how to use hand signals while riding.

• Be seen: Drivers don’t always see bicyclists. Wearing bright clothing, however, can increase your chances of being seen.

• Watch out for roadway hazards: Potholes, sand, debris, large cracks, puddles, and uneven surfaces can be dangerous for bicyclists. Be sure to keep an eye out for these hazards and avoid them.

What are my legal options if I’m injured in a bicycle crash?

If you were injured in a bicycle crash because of the negligent actions of a motorist, you have the legal right to obtain compensation for accrued medical bills, wage loss, pain, suffering, and other damages.

An experienced Nashville bicycle accident attorney at Thompson Law can help you take legal action and get the compensation you need. To find out how, contact us online and schedule your free legal consultation.

For teen drivers, we are already in the midst of the 100 deadliest days, which runs from Memorial Day to Labor Day Weekend. According to AAA, teen drivers may be more likely to travel this summer due to organized activities being canceled and lack of summer jobs. At the same time, they are more likely to be involved in crashes than most other drivers due to their driving inexperience.

Car accident risks among teen drivers

According to the latest AAA Foundation Traffic Safety Culture Index, more than 70 percent of drivers ages 16-18 they surveyed admitted to engaging in the following risky driving behaviors within the last 30 days:

• Traveling at 10 mph over the posted speed limit in residential neighborhoods (47%)

• Traveling 15 mph over the posted speed limit on a highway (40%)

• Texting and driving (35%)

• Running a red light (32%)

• Engaging in aggressive driving (31%)

• Driving while drowsy (25%)

• Not wearing a seatbelt while driving (17%)

How parents can help prevent crashes involving teen drivers

Jennifer Ryan is the Director of State Relations for AAA. She explains why parents must have a discussion with teens about driving safety.

“Parents remain the best line of defense to keep everyone safe behind the wheel,” said Ryan. “It’s never too soon to educate teens on the dangers of distracted driving, speeding, and the impairing effects of alcohol and marijuana. But actions speak louder than words. Remember to model good behavior because your teen won’t take your advice seriously if you don’t follow it yourself.”

To help prevent crashes, AAA offers the following suggestions:

• Have a discussion about risky driving habits, such as speeding, texting and driving, and driving while impaired.

• Lead by example by not engaging in risky behavior.

• Establish rules for teen drivers through a parent-teen driving agreement.

• Practice safe and supervised driving practice for at least 50 hours.

For more information on how parents can help teen drivers develop safe habits on the road, AAA has released Coaching Your New Driver – An In-Car Guide for Parents, which can be downloaded here.

What to do if you or a loved one was injured in a crash

Should you or a loved one be injured in a crash, speak to an experienced Nashville car accident attorney to learn about the legal rights available to you.

The legal team at Thompson Law is dedicated to fighting on behalf of crash victims and their families. We know how a single crash can have an impact on your life. So, we’ll work tirelessly to help you pursue the justice and compensation you deserve.

Contact us to schedule your free and confidential case consultation or call our Nashville office.

Guardrails are installed on many major roads and highways throughout the Nashville area. They help prevent roadway departures in areas that are deemed dangerous, such as steep declines, trenches, near utility poles and trees, and waterways along the side of the road. In short, a collision with a guardrail may be less severe than driving off the road in a dangerous area.

According to the U.S. Department of Transportation, guardrails have two key components: the guardrail face and end terminal. When a car collides directly with an end terminal, the guardrail should be designed to either bend or telescope in a way that absorbs the impact of a crash. Certain guardrail models, however, have failed to do so.

Defective guardrails resulting in fatal crashes in Tennessee

Several traffic fatalities involving X-Lite guardrails have happened across the U.S., including here in Tennessee. X-Lite guardrails were manufactured by Nebraska-based company Lindsay Transportation Solutions. The X-Lite guardrails were designed to telescope upon impact. That means one component would collapse into another, slowing a car to a stop.

In several cases, however, the X-Lite end terminals failed to collapse. They have pierced through vehicles and caused several fatalities to drivers and passengers. According to the knoxnews.com, at least four people have been killed in collisions with X-Lite guardrail end terminals since 2016. These include:

• A 17-year-old female was killed instantly after an X-Lite end terminal failed to collapse on Interstate 75 in McMinn County

• An 18-year-old male and a passenger in the driver’s side rear seat were killed on Interstate 40 in Cumberland County

• An SUV passenger was killed in Chattanooga after an X-Lite end terminal pierced through the passenger’s side.

Actions taken against Linsday Corporation

Lindsay Corporation asserts that its X-Lite guardrails have been evaluated and deemed safe.

“The Federal Highway Administration has examined and re-examined the X-LITE and its in-service performance and has gathered input from state departments of transportation across the country. In the FHWA’s evaluations, the X-LITE has performed consistently with other end terminals on U.S. roads and highways. Numerous states that use the X-LITE on their roads have confirmed that they’ve had no negative experiences,” the company said in a statement.

However, the father of one of the victims has since investigated X-Lite guardrails and has called on lawmakers to introduce stricter legislation. In 2017, the Tennessee Department of Transportation (TDOT) decided to begin removing and replacing all statewide X-Lite guardrails.

According to the TDOT, there were approximately 2,000 X-Lite guardrails across the state. All of them were replaced by July 15, 2018. Several other states have also removed X-Lite guardrails.

If you were injured, or lost a loved one, after a collision with a defective guardrail, it’s critical that you speak with an experienced attorney as soon as possible.

The legal team at Nashville firm Thompson Law can investigate the cause of your crash. We will find out where negligence occurred. We have built a reputation for helping crash victims pursue justice and maximize their compensation. Our case results speak for themselves.

To find out how we can help you, contact us online for a free consultation.

Multitasking or engaging in any kind of activity that takes drivers’ attention away from the road has become an unfortunate part of our driving culture. At any given time, a driver within your vicinity could be texting, making a phone call, browsing social media, eating, drinking, or taking care of personal hygiene behind the wheel.

According to the Centers for Disease Control and Prevention, there are three common types of distracted driving:

• Visual — looking anywhere else than at the road ahead

• Manual — taking your hands off the wheel to perform another task

• Cognitive — daydreaming or taking your mind off driving

How are Tennessee officials dealing with distracted driving?

As of July 1, a statewide cellphone ban for Tennessee drivers went into effect. In conjunction with the new law, a campaign dubbed Hands Free Tennessee was launched to educate drivers on exactly what is prohibited behind the wheel. The new law, PC0412, prohibits drivers from:

• Holding a cellphone or other electronic device with any part of their body

• Writing, sending, or reading any text-based communication

• Reaching for a cellphone in a way that impacts a driver’s seating position

• Watching videos

• Recording videos

Under the new law, drivers are allowed to use:

• Hands-free devices, like earpieces and Bluetooth technology

• Voice-to-text technology

• GPS navigation that is mounted on the dashboard, windshield, or center console

• One swipe or tap is allowed on mounted cellphones

Those found in violation of the cellphone ban for the first time can be fined $50. Subsequent violations can result in a $100 fine. If a driver is caught using a cellphone in a work or school zone, fines up to $200 can be imposed.

Only law enforcement, first responders, utility workers, and those making emergency calls are exempt from this law.

According to the Tennessee Department of Safety & Homeland Security, Tennessee had nearly 223,000 distracted driving crashes from 2009-2019 — 24,246 of which occurred in Davidson County.

What are my legal options if I’m injured by a distracted driver?

Tennessee’s statewide cellphone ban for drivers is a good start at cracking down on distracted driving. Unfortunately, not all forms of distraction can be prohibited behind the wheel.

Distracted drivers who cause crashes aren’t always texting or using a handheld device. They could be reaching for an item, talking with passengers, looking at objects both inside or outside of their vehicles, or adjusting the setting on their infotainment system.

Many forms of distracted driving also leave little-to-no physical evidence. For that reason, the number of distracted driving crashes could likely be higher than statistics conclude.

If you or a loved one was hurt in a crash with an inattentive driver, you need a strong legal advocate on your side who can launch a thorough investigation. The legal team at Thompson Law, based in Nashville, knows how to gather evidence against negligent drivers and negotiate with insurance companies for a fair settlement.

Schedule your free consultation by contacting us online today.

Concussions are one of the most common crash-related traumatic brain injuries (TBIs). A concussion occurs when the brain experiences trauma due to blunt impact or violent shaking.

This can happen during a crash when the head slams into the steering wheel, dashboard, head rest or airbag. It can also be caused by severe whiplash from a high-impact rear-end collision or violent shaking that can occur during a rollover or T-bone crash.

Why ‘mild’ concussions are anything but mild

While concussions are often considered mild, they are anything but that. People who sustain this type of TBI may or may not lose consciousness, but the typical symptoms could take several days to appear.

For example, a headache may set in. You may also experience confusion, nausea, tinnitus, memory loss and complications with speech and vision.

These symptoms are serious enough to leave you out of work or away from certain activites for several months. That’s why it’s important to seek prompt medical attention after a crash.

Even if you feel fine immediately after a crash, an MRI or CT scan may reveal that you have sustained a TBI. This is not always the case, however. If a scan reveals nothing, you will need to be referred to a neurologist who can conduct a cognitive evaluation.

How long do concussions take to heal?

With the right treatment, concussions can take a few months to recover from. Repeat concussions can cause permanent brain damage, however.

It’s important that you do exactly what your doctor says during the recovery process. Engaging in certain activities and failing to get the rest you need can make your condition worse and delay recovery.

Can I pursue compensation for a crash-related TBI?

Pursuing damages for a crash related concussion can be challenging. That’s because concussions are often seen as mild in comparison to other TBIs. Insurance companies may take advantage of this bias when downplaying the extent of your injury.

It’s important that you consult with an experienced car accident attorney as soon as possible and avoid speaking to the at-fault driver’s insurance company. If you don’t give them any statements, then they have less leverage against your claim.

Let an experienced Nashville attorney at Thompson Law deal with the insurance companies and negotiate for a fair financial settlement on your behalf. To get started on your claim, contact us online and schedule your free and confidential case consultation.

Dogs can make great companions, protectors, and additions to any family home. However, some dogs can be dangerous when they aren’t properly cared for or trained.

It is the responsibility of Tennessee dog owners to properly train and maintain control of their dogs. When owners fail to do so, bystanders or visitors can be seriously injured.

According to the Center for Disease Control and Prevention (CDC), 4.7 million dog bites occur in the United States each year — affecting an average of 1 in 69 people. About 800,000 of report incidents required medical treatment.

The CDC identifies common diseases that can be contracted from dog bites. These include:

• Rabies — a deadly disease that affects the brain and is transmitted through saliva. Vaccinations are available to treat rabies.

• Capnocytophaga bacteria — a rare infection that may affect people with weak immune systems.

• Pasteurella — the most common infection related to dog bites. Bite victims may experience inflammation at the site of injury. People with weak immune systems are especially vulnerable.

• Methicillin-resistant Staphylococcus aureus (MRSA) — a potentially fatal infection that is resistant to many antibiotics.

• Tetanus — rigid paralysis can occur due to a toxin produced by the bacteria Clostridium tetani.

Risk factors to watch out for

There are a number of reasons dog bites happen, according to an article in Canine Journal. The leading factors include:

• Reactions to stressful circumstances

• Reactions to fear or the feeling of being threatened

• Reactions to startling situations or not feeling well

• Protection of owners

• Friendly biting that can occur during rough play

According to the article, smaller dogs such as chihuahuas, Jack Russell terriers, bull terriers, Pekingese, and Papillions are the most likely to bite. However, this also includes larger dogs such as pit bulls, bulldogs, and German shepherds.

The dogs with the strongest bites based on pound-force per square inch (PSI) include:

• Kangal — which is known for having the strongest bite at 743 PSI

• Bandog — 730 PSI

• Cane Corso — 700 PSI

• Dogue De Bordeaux — 556 PSI

• Tosa Inu — 556 PSI

• English Mastiffs — 556 PSI

• Dogo Canario — 540 PSI

• Dogo Argentino — 500 PSI

Dog bites may be preventable

Animals are sometimes unpredictable — even those with proper training or those who show no previous signs of aggression. However, there are some precautions you can take to avoid being bitten:

• If you’re not familiar with a dog, approach with care or avoid approaching altogether. Some dogs feel threatened in the presence of strangers.

• If you’re approached by a dog that doesn’t appear friendly, avoid panicking, running, or making eye contact.

• Keep your distance if you see a dog eating, sleeping, or taking care of its puppies.

• Don’t pet a dog until after it has sniffed or smelled you. Pet under the chin rather than on the top of the head.

• If you notice a dog is displaying unusual or dangerous behavior, report it to your local animal control immediately.

• If you are knocked over by a dog, simply roll into a ball, avoid eye contact, and cover your neck and ears.

• Avoid rough or aggressive play

Some dog bites occur unprovoked and can affect bystanders not known to the dog or the owner. If you were bitten by a dog, get immediate medical attention and consult with an experienced personal injury lawyer at Thompson Law.

We offer free consultations to injury victims throughout greater Nashville. Contact us online today to get started.

According to researchers from Australia and New Zealand, drivers who stay awake for 17-19 consecutive hours can be more impaired than drivers who have a blood alcohol concentration of 0.05 percent. That’s because drowsy driving can cause loss of memory, poor concentration, poor judgment and an inability to stay within the lines on the road.

Another common danger linked to drowsy driving is microsleep. This happens when drivers fall asleep for only a few seconds. At a speed of 55 mph, a driver may travel 135 yards while asleep at the wheel when dozing off for only five seconds. That’s just enough time to cause a catastrophe.

How can drowsy driving be prevented?

Changing Lanes is a BMW podcast that discusses important transportation topics. On episode #12, the podcast hosts offer important tips on how to prevent drowsy driving while on long trips.

Drowsy driving is a common cause of crashes involving truck drivers, business travelers and other people embarking on long trips. Some effective ways to stay awake include:

• Recognizing the warning signs of drowsiness. This may include frequent blinking or yawning, heavy eyelids, trouble concentrating, loss of memory and difficulty staying in a lane.

• Getting enough sleep. It’s recommended that people get 7-9 hours of sleep per night, especially before a long trip.

• Take power naps every 4 hours. Long distance drivers should take a 20 minute nap every four hours on the road. Power naps should be no longer than 20 minutes or that can induce more drowsiness.

• Avoiding driving during risky times. Drivers are more likely to fall asleep at the wheel between 2-5 a.m. and 1-4 p.m. It’s best to avoid driving during these times.

• Taking frequent breaks. It’s always a good idea to get out of the car and go for walks to stay energized during a long trip.

• Avoid overeating before driving. Overeating can lead to drowsiness. It’s best to eat a small or medium-size meal before embarking on a long trip.

• Stay hydrated. Staying hydrated is a good way to stay energized during a long trip. This can be done by drinking adequate amounts of water and avoiding coffee or alcohol.

• Stay mentally engaged. Driving on a long trip can be boring and exhausting. Staying mentally engaged by listening to music or having a conversation with a passenger can keep drivers from dozing off.

• Never drive after taking sedative medications. Certain over-the-counter and prescription meds can induce drowsiness. It’s best to avoid taking any of these before a long driving trip.

Short-term fixes for drowsiness

• Consume sugar and caffeine. This is in no way a long-term solution to drowsy driving, but can help drivers stay temporarily alert when they only have a short distance left to drive.

• Open the window. Letting in some fresh air can increase oxygen and temporarily boost alertness.

• Chew gum. This can help increase circulation to the brain and temporarily prevent falling asleep.

• Listen to loud music. Loud music can temporarily promote alertness, but the effect can wear off quickly.

You can listen to the podcast below:

Contact a Nashville lawyer if you’re injured by a drowsy driver

If you were injured in a crash caused by a drowsy driver, know your rights. Speak to an experienced Nashville car accident attorney who can investigate your crash and advocate for fair and complete compensation.

Look no further than Thompson Law. We offer free legal consultations, so contact us online to get started.

Among the most likely causes of brake failure is the loss of fluid in the system, which operates on hydraulic pressure. In the event of a serious leak, the vehicle’s warning light should engage when the brakes are applied. Stop driving the vehicle and get immediate mechanical attention. A sudden leak, though, can lead to an accident with little or no warning.

Worn brake linings are another indicator of pending brake failure. A sign of this is if the pedal depresses all the way to the floor. Again, the car should receive immediate maintenance.

In addition, there are other mechanical issues. They include internal leaks, a worn or damaged cylinder and overheating (from stop-and-go mountain driving or overly aggressive driving). In each case, the brakes could fail and cause a crash, especially if you are unaware of the warning signs.

How do you prove your brakes failed?

Because so many people are untruthful about bad brakes causing an accident, you are going to face extreme skepticism whenever you make this argument. To defend yourself against negligence:

• Keep your vehicle in prime operating condition. If a mechanic cautions you that your brakes need work, have the repairs made.

• Never lie at the scene of an accident. If you do not mention your brakes going out immediately after the crash, it will appear obvious that you are making it up later.

• Do not drive away from the scene, which would be transparently unsafe if you truly believed the brakes were failing.

• Document brake repairs made following the accident. A mechanic’s diagnosis can determine the true cause of your accident.

Get legal help after your accident

If you have been in an accident because your brakes failed, the burden of proof is on you. To a witness, it may look like you carelessly crashed your vehicle without applying your brakes. Investigating police officers have heard your story before. Based on experience, they have little reason to believe you. A mechanic’s report may bolster your case. Unfortunately, you also are going to have to deal with one or more insurance companies.

If the accident caused major damage or injuries, they may be reluctant to authorize a large payout. Instead, they may ask you to accept a lowball settlement offer to keep their costs down and profits up.

Before founding his firm, Nashville car accident attorney Christopher “Kim” Thompson, of Thompson Law worked claims for insurance companies, so he knows all of their tricks. He has been successfully representing clients like you in the Davidson County area for decades. He will aggressively defend your rights while pursuing justice and a fair financial settlement for you and your family. Contact Thompson Law today for a free case consultation.

On average, the daily commuter in greater Nashville spends 58 hours in traffic each year. Nashville’s traffic congestion dipped during the recession from 2007-2009, but commuter time has since risen.

Analysts also point to the Let’s Move Nashville initiative that was rejected by voters in 2018 — which was intended to fund the construction of a mass transit system. Proponents of this system believed it would have significantly cut down on traffic congestion.

With congestion becoming a growing problem in Nashville, what are the risks?

Earlier this year, WSMV reported on the alarming number of crashes in Nashville reported by the Tennessee Highway Patrol. What’s shocking is, the crash rate in Music City was 10 times higher than the population growth in 2018.

“What’s even worse is when it’s on the other side of the interstate and there’s no reason why this side should be slowing down but yet they do,” said one resident.

When traffic slows down on the interstate, the likelihood of crashes occurring increases.

“Whenever you have a large metropolitan such as Davidson, you are going to have a lot of crashes but the fault of the crashes are on the drivers,” said Lt. Bill Miller with the Tennessee Highway Patrol.

Traffic congestion can’t be deemed the culprit in a crash; only driver error can. This includes:

• Distracted driving

• Speeding

• Reckless driving (such as weaving in and out of traffic)

• Impaired driving

• Road rage

What types of crashes are likely to occur when traffic is congested?

When traffic is backed up, rear-end collisions are likely to occur when drivers aren’t attentive or are behaving recklessly. This can happen in two different ways:

• Low-impact: Traffic congestion often results in prolonged stop-and-go driving. Drivers who are struck in low-impact rear-end collisions often sustain a neck injury called whiplash. This happens when a person’s head jerks forward and backward rapidly — damaging the vertebrae and soft tissue in the neck.

• High-impact: When traffic suddenly slows down or comes to a stop on an interstate, high-impact rear-end collisions can occur when inattentive or speeding drivers strike someone else’s vehicle at high speed. This can result in serious spinal injuries, as well as:

  • Broken bones

  • Soft tissue damage

  • Internal organ damage

  • Cuts, bruises, and contusions

  • Paralysis

  • Death

In other cases, drivers can be knocked out of their lane or off the road by drivers who weave in and out of traffic. Road rage is also common in traffic congestion, which sometimes leads to violence and drivers purposely crashing into another vehicle.

If you were hurt in a crash during your busy commute because of someone else’s negligence, consult with an experienced car accident attorney at Thompson Law. Our legal team is dedicated to helping injured Nashville motorists maximize their compensation.

We know how to hold negligent drivers accountable and urge insurance companies to do the right thing. Contact us online today to set up your free consultation.

Nashville is one of the most walkable cities in Tennessee. Residents and visitors can often run daily errands and enjoy local amenities without a car. Nashville’s walkable infrastructure does not extend throughout the entire city, however.

Distracted drivers, drunk drivers, and speeders threaten the lives of pedestrians each day throughout the Music City.

2019 the deadliest year for pedestrians

In the wake of Nashville’s deadliest year for pedestrians, safety advocates and community members have called for change, according to FOX17 Nashville.

Lindsey Ganson is the director of local bicycle safety advocacy group Walk Bike Nashville. She cites a drastic yearly increase in Nashville pedestrian deaths.

“Thirty-two people killed is a dramatic increase from 22 people just last year and 12 people a decade ago in 2009,” said Ganson.

Five reported pedestrian deaths were already reported in Nashville this year, according to the Tennessee Department of Transportation.

Walk Bike Nashville’s executive director Nora Kern says that the focus should be on preventing crashes rather than placing blame.

“If you have a lot of people dying in the same place, it’s not any individual’s fault alone, it’s also the fault of the street itself,” said Kern. “So, we should be looking at that systemic approach; how can we change the streets themselves?’”

Nashville mayor adopts Vision Zero goal

Mayor John Cooper recently adopted the Vision Zero goal of eliminating pedestrian fatalities throughout the city. Vision Zero was first established in Sweden during the 1990s. It has set the goal of achieving zero traffic fatalities by the year 2050. It has proven to be effective across Europe. Now, many municipalities across the United States are adopting the same goals.

According to Cooper, Nashville leads Tennessee in the number of serious crashes. He seeks to change this by improving the overall transportation infrastructure.

“It is a strategy that will seek to eliminate all traffic fatalities and severe injuries in Nashville and Davidson County,” said Cooper.

Cooper’s commitment to Vision Zero will require these strategies:

• Leadership, collaboration, and accountability among transportation professionals, policymakers, public health officials, law enforcement, and the community

• Collection and analysis of data to ascertain how certain groups are impacted by traffic fatalities

• Encouraging community involvement

• Establishing safe citywide speed limits

• Setting a goal and timeline for zero traffic fatalities and serious injuries

Legal Help for injured pedestrians

Pedestrians are the most vulnerable road users in Nashville. They are more likely than motorists to sustain serious and life-threatening injuries in a collision.

The attorneys at Thompson Law regularly see the pain and anguish injured pedestrians (and their families) go through. We see how a driver’s moment of inattention or reckless behavior changes someone’s life for the worst.

If you were hurt in a pedestrian collision, or lost a loved one, we can help you pursue the justice you deserve. Contact us online to find out how.

Damages in a personal injury case shouldn’t just be limited to medical expenses, lost wages, and property damage. In many cases, people who are injured in car accidents suffer mental and emotional trauma, as well as other forms of pain and suffering. These damages are considered non-economic and may be compensated with incontestable evidence.

According to the U.S. Department of Veteran Affairs, about nine percent of serious crash survivors develop post-traumatic stress disorder (PTSD). Sixty percent of those who seek mental health treatment after a traumatic crash are diagnosed with PTSD.

Some crash survivors even develop additional mental health conditions, such as severe depression and anxiety — both of which can make it difficult to return to work, adjust to daily life, and engage in enjoyable activities.

In some cases, crash survivors become permanently incapacitated or experience loss of a limb. A permanent or serious injury can have a prolonged impact on a crash survivor’s mental and emotional health.

Challenging Tennessee’s non-economic damages cap

Unfortunately, Tennessee currently has a $750,000 cap on non-economic damages in personal injury claims. This means, if an injured party’s pain and suffering was determined to be $1 million, he or she would not be compensated for any amount exceeding $750,000.

Whether or not this cap is constitutional is currently up for debate in the Tennessee Supreme Court. This comes on the heels of a personal injury case (Jodi McClay v. Airport Management Services, LLC) in which the plaintiff was awarded non-economic damages greater than the $750,000 cap — totaling $930,000. The plaintiff was also awarded $444,500 for future medical expenses.

Questions are raised

The defendant, Airport Management Services, LLC, attempted a motion to apply the general cap of $750,000. Despite the Tennessee Supreme Court not determining the constitutionality of the cap, three questions were raised by the District Court:

• Does the noneconomic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate a plaintiff’s right to a trial by jury, as guaranteed in Article I, Section 6 of the Tennessee Constitution?

• Does the noneconomic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate Tennessee’s constitutional doctrine of separation of powers between the legislative branch and the judicial branch?

• Does the noneconomic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate the Tennessee Constitution by discrimination disproportionately against women?

This case marks a milestone for personal injury cases in Tennessee and is hopefully a step in the right direction. A serious crash or another injurious incident can have a lifelong impact on those affected. At Thompson Law, we agree that placing a cap on non-economic damages is unconstitutional and immoral.

If you were injured because of someone else’s negligence, one of our personal injury attorneys would be glad to help you explore your legal options and build a strong legal claim. To learn more, contact us online.

Distracted driving is not a new phenomenon, but it’s a problem that appears to be getting worse, according to an Insurance.com study.

More drivers are texting, fiddling with navigation systems and getting distracted by children in their car than they were two years ago, the study finds. Insurance.com surveyed 1,000 motorists about distracted driving and other risky behavior behind the wheel.

The people who responded to the survey concluded that distracted driving has become a bigger problem than it was two years ago.

What are the top forms of driver distraction?

Drivers who were surveyed ranked driving distractions. At the top of the list was texting, which 24 percent of respondents thought was most bothersome. Here’s the full list of risky behavior cited by respondents:

• Texting

• Dealing with navigation systems

• Dealing with children

• Speaking on the phone

• Adjusting music

• Manipulating the heating or air conditioning system

• Eating

Distracted driving behavior differs by gender

Men admitted their biggest distraction was texting. Women said they were distracted by navigation systems. While texting and other behaviors inside the car stood out as distractions, motorists wrote that other drivers distract them the most. Drivers confessed they engaged in rude behavior like honking, brake-checking other drivers, making obscene gestures or swearing at people sharing the road. Aggressive driving – or road rage – is one common cause of car accidents.

While not as common as texting, some drivers admitted they took “selfies” behind the wheel. Twenty-five percent of the respondents said they have taken a photo or video while driving.

What to do if injured in a distracted driving accident

Distracted driving continues to be a main cause of car accidents in greater Nashville and throughout the country. These types of crashes can be avoided if drivers simply make responsible choices.

A crash caused by a distracted driver can result in serious injuries and even death. Victims often face a long and painful recovery. The impact of the crash can touch every aspect of their lives. They may have to stop working. They may be unable to enjoy hobbies as they cope with the physical and emotional impact of the car wreck. To make matters worse, they often face expensive medical bills at the same time they’re dealing with lost income.

An experienced Nashville car accident attorney can help reduce the stress for victims of accidents and families who lost loved ones. At Thompson Law, our legal team fights to recover maximum compensation for individuals who have been injured or lost loved ones in crashes.

We stand up to the insurance companies that try to downplay the injuries or offer lowball settlements.

Contact us online today for a free consultation.

Memorial Day to Labor Day is the deadliest time of year for teen drivers in Tennessee and across the nation, according to WSMV. Known as the “100 Deadliest Days” for teen drivers, the Tennessee Highway Patrol and AAA both report a 14 percent increase in crashes involving teen drivers in the summer compared to the rest of the year.

Car accidents are the leading cause of death for teens, and from 2013-2017, AAA reports more than 1,900 teen drivers were killed in crashes. While that number is worrisome, consider that within that same timeframe 1,583 passengers of teen drivers, 1,795 other drivers, and 529 pedestrians were killed in crashes involving cars being driven by teens.

Sadly, a 28-year-old Metro Police officer was tragically killed in Nashville on July 4, 2019 when a 17-year-old driver who was fleeing from police crashed into Officer John Anderson’s cruiser and caused it to slam into a nearby light pole and catch fire. The driver’s passenger was also critically injured, putting into focus just how dangerous the Tennessee roadways can be for everyone during the summer months, when more teens are on the road.

Why are teens more susceptible to crashes in the summer?

With school out, there are simply more teens out driving in the summer months. Teens travel more when the weather is warm, whether it’s taking a trip to the beach or visiting a friend’s house for a barbeque.

While AAA Tennessee’s Megan Cooper attributes some of the spike in teen crashes to driver inexperience, another big reason for teenagers to get into car accidents is due to them driving more often with other teens as their passengers.

As AAA reports, 60 percent of teen crashes involve distraction and 15 percent of all teen driver car accidents occur when the driver’s attention is being pulled away from the road by one of their teenage passengers.

To help reduce the risk of a teen getting into a crash:

• Limit their number of passengers

• Avoid driving between 9 p.m. and 5 a.m., when 1/3 of deadly crashes occur

• Be vigilant about distracted driving, especially including use of a cellphone while driving

• Discourage speeding and other forms of reckless driving

Injured in a crash? Let a Nashville car accident lawyer deliver justice

Even though Memorial Day and the Fourth of July holidays are behind us, there’s still plenty of time between now and Labor Day, meaning the risk of getting into a car accident with a teen driver is still higher than average.

If you or a loved one were injured in a car wreck caused by a teen driver ─ or any other driver ─ a Nashville car accident lawyer can help you hold them accountable and recover compensation for your damages.

Nashville personal injury attorney Kim Thompson has more than 25 years of experience helping injured crash victims seek the justice and financial compensation they deserve. Providing consistent and reliable representation to crash victims, Attorney Thompson’s background includes working more than 15 years as an insurance claims adjuster and insurance claims supervisor, giving him valuable experience that he can tap into to help his clients obtain maximum compensation.

If you’ve been injured in a car accident due to someone else’s negligence, get Nashville’s hardest-working personal injury team in your corner right away. Contact Thompson Law today for a free consultation.

One of the first things you do immediately after a crash is call the police. When the police arrive, they will examine the crash scene and interview all parties involved. The police can act as a buffer between you and the other driver and gain a clear picture of how your crash occurred.

Once the police have finished examining the crash scene, they will put together an unbiased Tennessee car accident report, which documents all of the important details pertaining to your crash.

Obtaining a copy of your Tennessee car accident report

Once your crash report is ready, you can obtain it online from the Tennessee Department of Safety and Homeland Security. In order to get a copy online, you must provide the following:

• A $10 fee payable with a credit card.

• Your last name, crash date, name of reporting agency and your driver’s license.

• One of the following:

  • Vehicle identification number (VIN), which can be found on the lower left-hand side of your dashboard, inside the driver’s side door jam or on your vehicle title.

  • License plate number

  • Case or tracking number

You can also obtain your report directly from the Tennessee Highway Patrol (if they were the investigating agency) for a fee of $4. Crash reports can be obtained by mail or in-person seven days after the date of your crash at the nearest Tennessee Highway Patrol location. If your crash was investigated by another law enforcement agency (such as a town or city police department), you will need to obtain it from that location.

To request your car accident report by mail, you must send a cashier’s check, money order or bank check in the amount of $4 to:

The Tennessee Department of Safety & Homeland Security
Financial Responsibility Division
PO Box 945
Nashville, TN 37202-0945

A Nashville car accident attorney can also obtain a copy of your report for you.

What you will find on your Tennessee car accident report

When you obtain a copy of your car accident report, it’s critical that you read through it and ensure that all information is correct. Any incorrect information in your report can be leveraged by the other driver’s insurance company and used to hurt your claim.

Here’s what you will find on your car accident report:

• Basic information such as the date, time and location of the crash.

• The number of people injured or killed in the crash.

• Hazardous weather and visibility conditions that likely contributed to the crash.

• Information about the drivers and vehicles involved (VIN and insurance information).

• If any citations were issued by police or any arrests were made.

• Damage to the vehicles involved and the estimated cost of damage.

• Whether or not there were traffic signs or signals present.

• The posted speed limit and road conditions.

• Commercial carrier information (if you were involved in a crash with a large truck or other commercial vehicle)

• A written narrative and illustrated diagram of how the crash likely occurred.

Contact an experienced Nashville Attorney if you were hurt in a crash

If you were involved in a crash, you may have sustained thousands of dollars in damages. This could include (but isn’t limited to) medical costs, wage loss and property damage. Since Tennessee is considered an at-fault or tort car insurance state, you must prove that the other driver was negligent to recover damages.

Several key pieces of evidence will need to be obtained by an experienced car accident attorney to help you build a strong case. Your car accident report can be cross-referenced with:

• Witness statements

• Physical evidence collected from the crash scene

• Video footage from surveillance cameras and dashcams (if any footage is available)

• Your diagnosis and medical records

A Nashville car accident attorney at Thompson Law will gather critical evidence to support your case and fight to maximize your compensation. Contact us online to schedule your free and confidential case consultation.

Grocery store falls can happen in aisles, check out areas, entrances, exits, restrooms, parking lots, and outdoor walkways. If you were hurt in a grocery store fall because the hazard wasn’t properly addressed, it’s critical that you speak to a personal injury lawyer who can help you build a strong legal claim.

Common grocery store hazards

Slip and falls are often caused by:

• Liquid spills

• Water tracked in from outdoors

• Spills from broken glass containers and jars

Slipping hazards should be addressed promptly by an employee or store manager. This should be done either by cleaning it up or placing a wet floor warning sign at the scene of the slipping hazard.

Tripping hazards may be caused by:

• Debris left on the floor by employees or other customers

• Products that have fallen off shelves

• Poorly designed or low-lying displays

• Broken or uneven walkway surfaces

What should I do if I fell in a grocery store?

Grocery store management is responsible for ensuring the safety of customers by removing these hazards. When they fail to do so, people can get seriously hurt.

Slip, trip, and fall accidents often lead to serious injuries, including:

• Traumatic brain injuries

• Broken bones

• Spinal injuries

• Soft tissue injuries

• Bruises, contusions, and cuts

If you fell in a grocery store, you have the right to take legal action. It’s important that you follow several steps before consulting with an attorney, however.

These procedures can help your attorney build a strong personal injury claim:

• Report the incident to management: It’s important that you bring the hazard to the attention of management to prevent further injuries and to ensure that your incident is documented.

• Write down the time, date, and location of the incident: It’s always a good idea to document these details so you have critical details to provide to your attorney. This can also come in handy when obtaining surveillance footage from the store.

• Take a picture of the hazard that led to your fall: By taking a picture with your phone, you have physical evidence of the fall hazard.

• Get medical attention: Always see a doctor after a slip, trip, and fall. Your injury could be much worse than a few bumps and bruises. Your doctor will document the extent of your injuries through a medical evaluation.

How can I pursue legal damages?

There are certain criteria that must be met from your grocery store fall for you to be eligible for a personal injury claim:

• The hazard that led to your call must have been present long enough that a store employee or manager should have known about it.

• The hazard was reported, but wasn’t promptly addressed by management.

• A store employee caused the hazard and failed to fix it.

If the hazard that caused your fall met any of these criteria, an experienced Nashville personal injury attorney at Thompson Law can help you build a strong legal claim.

You shouldn’t have to pay out-of-pocket for medical expenses, lost wages, or other damages caused by someone else’s negligence. Contact us to find out how we can maximize your compensation.