June 16th, 2010
There are many Tennessee auto accidents each year where adult occupants of the vehicles go unharmed while the children involved suffer catastrophic injury or death. The Tennessee auto accident lawyers of Nahon, Saharovich & Trotz, PLC (NST Law) know how devastating it can be if your child is seriously injured or killed in a Tennessee auto accident because of a defective seat belt, booster seat or child safety restraint. There are many auto accidents that cause injuries every year, which result from defective child restraint systems or automobiles with seat belts not designed to safely accommodate children or a child car seat. The significance of the problem is reflected in a recent study that suggests that 80% of all child restraint systems are installed incorrectly because of the lack of compatibility between child restraint systems and automobile seat belts. Many children are hurt each year from unsafe seat belts, booster seats and child safety restraint systems.
There are some states that do not require booster seats for children between the ages of 4-8 even though seat belts do not fit properly over children’s bodies. The improperly fitting seat belt can lead to catastrophic seatbelt related injuries in a serious car accident known as seat belt syndrome. In an auto accident of this type, a 7-year-old girl was wearing her seat belt but pulled the shoulder strap over her back because it rested against her face. The lap belt fell over her stomach. When she was involved in a car accident she suffered a spinal chord injury, bowel and kidney damage and a bruised heart. She is now permanently confined to a wheelchair. Children who experience seat belt syndrome are not uncommon and can suffer liver injuries, abdominal injuries, bowel injuries, chest trauma, blood vessel injuries, sternum injuries, spinal chord injuries and death. The attorneys of NST Law will help you seek compensation for a child’s injuries that result from a poorly designed or malfunctioning seat belt.
Even when a child booster seat is used during a Tennessee auto accident, it can be defective or poorly designed and lead to the catastrophic injury or death of a child. The booster seat is intended to compensate for the problem created by the poor fit of a seat belt where a child is involved. The shoulder belt should snuggly cross over the center of the child’s shoulder while the lap belt should cover the upper thigh area rather than the abdomen. If the booster seat does not create a proper fit, a child can suffer traumatic brain injury, spinal chord injury, organ injury and even death. At NST Law, we have experience with Tennessee auto accidents involving children injured by defective booster seats. If a booster seat is poorly designed or does not provide adequate instructions or warnings of potential risks, NST Law will aggressively pursue compensation for catastrophic injuries or death suffered by a child in a Tennessee auto accident.
Child safety restraint systems also often result in catastrophic injury or death. Many child safety restraint systems have outdated designs that are based on a car seat and seatbelt configuration that no longer exists in most vehicles. The majority of child restraint systems were designed to fit bench seats with the seat belt anchor at the crack in the seat. In most newer model cars, the seat belt anchor is located on a stalk, which is not located near the crack in the seat but in a more forward position. The change in the position of the seat belt anchor and seat design has created compatibility problems with many child safety restraints. Most child safety restraint manufacturers do not provide warnings indicating which vehicles it is not designed to fit safely. There is also a number of other specific design or manufacturing defects found in child safety restraint systems including the following:
- Defective Chest Clips: The chest clip secures the shoulder straps together in position over the child’s chest. The clips are sometimes made with cheap and flimsy material that breaks during an auto accident. The clips are also sometimes designed poorly so that the straps slip out during a car accident.
- Defective Buckles: The buckle is intended to keep a child locked safely in place. Some buckles are poorly assembled and open from the impact of an auto accident. If they are not properly designed or assembled, the buckle can also be unfastened easily by a small child occupying the child safety restraint.
- Detachable Carrier Seats: This type of child safety restraint has both a detachable carrier and a base into which the carrier fastens. The two components that make up this type of child safety restraint have been known to separate during an auto accident because of inadequate design.
- Insufficient Padding: Padding in a child safety restraint is a critical part of the protective device providing protection from impact. If the padding is inadequate, it can lead to catastrophic injury or death.
At NST Law, we know the emotional pain of having a child seriously injured or killed in an auto accident can be overwhelming. We at NST Law know that such a loss is even more tragic if it results from inadequate safety equipment including an inadequate seat belt, booster seat or child safety restraint. We will help you seek just compensation for the injuries suffered by your child.
Tags: car-accidents-involving-children, injuries-due-to-child-restraint-device, Tennessee-accident-involving-children-lawsuit
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June 7th, 2010
If you are involved in a situation where you are seriously injured by the negligent misconduct of another, you can take certain actions to preserve or collect evidence that may strengthen your case. One of the first things you should do if you are injured by a dangerous product, a serious auto accident, a construction accident or a the negligence of a medical provider is quickly contact an experienced Tennessee personal injury lawyer who will takes steps to make sure that evidence necessary to build you lawsuit is collected and preserved. The lawyers at NST Law recognize the importance of taking prompt action to ensure that critical evidence in a Tennessee personal injury case is not destroyed. However, there are step an injured party or their family can take prior to retaining an attorney which may make a case more valuable or easier to prove.
One of the first steps that a injured person can take to help a prospective Tennessee personal injury lawyer gather evidence is to seek prompt medical attention if one is injured. Many people who are injured by the negligent misconduct of another fail to obtain prompt medical attention and treatment. Most Tennessee personal injury attorneys will advise that one seek prompt medical diagnosis and treatment because the medical records may be critical evidence later in helping establish the extent of your injuries and the appropriate level of compensation that should be awarded. NST Law attorneys may also have you seek further medical treatment but this does not make it any less important to seek medical diagnosis and treatment immediately following an injury related accident.
If a person is injured by any sort of defective product, whether it is an automobile, electronic device, toy or some other product, it is important that you preserve all of the product parts and preserve the wreckage of any vehicle even if it has been totaled. Preserving the condition of your vehicle immediately following a serious auto accident will help facilitate later investigation and accident reconstruction efforts. NST Law routinely uses accident reconstruction experts to develop evidence and theories for litigation. A person who is injured can also aid their Tennessee personal injury lawsuit by creating a paper trail including the preservation of receipts, maintenance records and recall notices. It is also recommended that the victim of a Tennessee personal injury accident collects relevant news articles, news stories and keep a personal journal to aid ones recollections of an incident. The period between a serious auto incident that causes catastrophic injury or death and the resolution of a case can take as long as several years which makes it important to use a journal or notes to help preserve ones memory of events.
A person who is injured by a defective vehicle must take steps to insure the condition of the vehicle is not changed after the accident. If the vehicle must be transported, the minimum amount of transport possible is recommended. Storing a defective vehicle in covered storage such as a car port or fully enclosed garage may help preserve critical evidence. The vehicle should also be covered by something like a tarp. Tie-downs should not used to secure the cover as they can create scratch marks that interfere with later accident reconstruction. Defective parts of the vehicle which may include tires, braking systems, seat belts, child restraint systems or other parts of the vehicle should not be removed without ones attorney or representative present to ensure that evidence is not compromised. Photos of an accident site, the surrounding area at the time of the accident and the condition of ones vehicle may also be useful later. At NST Law, we may commission an investigator to obtain photographs in order to help prove a case.
The most effective strategy to gather or preserve evidence of a personal injury accident is to contact an experienced Tennessee personal injury lawyer immediately following the incident. NST Law is the largest personal injury law firm in Tennessee. The attorneys at NST Law have years of experience assisting those injured by the negligence or intentional misconduct of others. At NST Law, we will take immediate steps to ensure that critical evidence is preserved once you have retained our office. NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country.
Tags: NST Law-Attorneys, Tennessee personal injury attorneys, tennessee-personal-injury-lawyer
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June 1st, 2010
Cell phone usage continues to rise dramatically as cell phones have become a fundamental part of our daily activities including making calls, sending texts, surfing the internet, using GPS or other smart phone functions. With expansion in the use and function of cell phones, the use of cell phones while driving now comes close to alcohol as a leading cause of auto accidents. The Tennessee auto accident lawyers of Nahon, Saharovich & Trotz, PLC (NST Law) aggressively pursue compensation on behalf of those who suffer catastrophic injury or death caused by drivers who are distracted by cell phones.
A recent study by the National Safety Council found that 1.6 million accidents annually or 28% of all accidents are caused by cell phone conversations or cell phone texting. The study estimates that 1.4 million crashes are caused by cell phone conversations while another 200,000 are caused by texting while driving. Driver distraction, which is frequently caused by cell phone use, leads to 6000 auto accident fatalities and 500,000 auto accident injuries per year. To put this in context, distracted driving causes 80% of auto accidents whereas drunk driving contributes to only 33% of all auto accidents nationally.
A growing number of states have banned cell phone conversations and/or cell phone texting while driving because of the significantly increased risk of serious auto accidents. Currently, Tennessee auto accident law does not provide much protection from cell phone related car accidents. Tennessee prohibits texting while driving but this ban is largely ineffective because cell phone users may make calls and talk on their cell phone when driving. The law provides little if any protection against injury from Tennessee auto accidents related to cell phone use. Further, the ban on texting presents enforcement issues because it is difficult to determine if a driver was dialing a phone number, checking his cell phone GPS or texting. “You are still allowed to use the phone while you are driving, and you cannot always tell if someone is texting or making a call,” said Tom Spangler Chief Deputy with the Knox County Sheriff’s Office.
While cell phone use has been a significant cause of Tennessee auto accidents for quite some time, car accidents related to texting are on the rise, as texting becomes more popular especially amongst teenagers. Studies have found that texting increases the risk of an auto accident by as much as 23 times. This is not surprising given a United State Department of Transportation (USDOT) report indicating that drivers who text take their eyes off the road for an average of 4.6 seconds. At a speed of 55 miles per hour a vehicle would travel more than the length of a football field in that period of time.
The experienced auto accident lawyers of NST Law understand the important role that cell phone related driver distraction plays in causing serious car accidents that lead to death or catastrophic injury. Because Tennessee law prohibits texting while driving, a driver who violates the ban can receive a citation, which may make it easier to prove that the driver was texting at the time of an auto accident. The attorneys of NST Law may also seek records from a driver’s cell phone company that show that the driver was texting immediately prior to a serious Tennessee auto accident. NST Law attorneys also use expert testimony and data to establish relevant facts such as drivers talking on cell phones are 18% slower to react to brake lights or that it takes 17% longer to regain the speed lost after braking.
The USDOT has also passed a national ban on texting by drivers of commercial vehicles including tractor-trailers. NST Law can assist in seeking compensation from the trucking company or driver stemming from a driver’s failure to comply with the federal ban on texting while driving a commercial vehicle. The evidence that a driver was texting at the time of the accident might also be used to establish that the truck driver was reckless because he or she was ignoring the national ban designed to promote driver safety. Reckless behavior by the other driver can give rise to punitive damages being awarded by the court. If you are involved in a Tennessee auto accident where the other driver was distracted by a cell phone, NST Law attorneys can help you and your family seek compensation for catastrophic injuries or even death.
Tags: Cell Phone Related Auto Accidents in Tennessee, Tennessee-Car-Accident-Lawyers, Truck-accident-while-texting-laws
Posted in Accident Tips, Trucking Accident | No Comments »
May 10th, 2010
Many people do not realize that automobiles including eight million Toyotas facing recall for product defects have black boxes called Event Data Recorders (EDRs) that may explain the cause of many Tennessee acceleration auto accidents. Recent reports suggest that Toyota has taken affirmative steps to prevent the disclosure of this black box data. The auto accident lawyers of Nahon, Saharovich & Trotz, PLC (NST Law) recognize the importance of aggressively seeking EDR data to obtain fair compensation for serious injuries or death suffered by you or your loves ones caused by Toyota acceleration auto accidents or other serious auto accidents.
The majority of auto manufacturers routinely provide access to this black box data which can provide information including vehicle speed, accelerator angle, gear shift position, seatbelt use, driver’s seat angle, brake position and antilock brake system information. However, recent AP reports indicate Toyota Corporation has frequently declined to provide this data to crash victims. Toyota uses a propriety software program that reportedly was loaded on only a single laptop. Toyota has a history of settling lawsuits when plaintiff’s attorneys pressure Toyota to provide discovery of the EDR data or providing a redacted version with key information blacked out.
The AP reports also suggest that Toyota may have misrepresented what information is even recorded by an EDR in a Toyota vehicle. When the AP initially inquired about what information was recorded by the EDR, Toyota officials failed to include any mention of brake position or the antilock brake system. When AP again contacted Toyota, the company admitted that brake position and antilock brake system information is recorded by the EDR.
Following an Indiana crash, Toyota representatives told the family of the victim that there was “no sensor that would have preserved information regarding the accelerator and brake position at the time of impact.” The victim in the Indiana crash prior to her death had explained to relatives that she was pushing on the brake pedal with both feet but could not get the vehicle to stop. A Toyota technician from California conveniently traveled to Indiana to download the EDR data before it was provided to the police.
It appears that Toyota may have to have covered up EDR information on brake position in other auto accident cases. In a fatal Texas auto accident, the police were told that the EDR information on braking and acceleration were listed as “off.” The attorney in the case believes that Toyota may have disabled the ability of the EDR to collect braking and acceleration information to avoid discovery by plaintiffs’ attorneys in court cases involving serious auto accidents including fatality accidents. This would provide an explanation for the “off” message in the Texas case. Toyota lawyers also have argued in litigation that the EDR is an experimental device and not reliable enough to be used for accident reconstruction in auto accident cases. However, EDR devices have been used regularly in Toyota vehicles since 2001. The experienced auto accident lawyers at NST Law will aggressively pursue admission of EDR data in Tennessee acceleration auto accident cases.
The National Highway Traffic Safety Administration released a report earlier this month indicating that 52 people have been killed in auto accidents related to sudden unintended acceleration. However, Toyota has engaged in discovery practices for years designed to prevent disclosure of EDT data that would establish the cause of the accidents. If you are injured in Tennessee in a Toyota acceleration auto accident, it is imperative that the EDR data is preserved. An experienced Tennessee auto accident lawyer will know how to take appropriate steps to obtain the EDR data and avoid destruction of this critical evidence.
At NST Law, we often employ experts and have experience in preserving and obtaining EDT data in Tennessee auto accidents as well as persuasively presenting this evidence to a jury. Super Lawyers has recognized NST Law as one of the top 5% of law firms nationally. If someone you love has been killed or seriously injured in a Toyota acceleration auto accident or any type of Tennessee auto accident, you should contact NST Law today.
Tags: Tennessee-accident-attorney, Tennessee-Toyota-accidents, Toyota-recall-accidents
Posted in Car Accident Articles, Products Liability | No Comments »
May 3rd, 2010
If a person is killed by the negligent or intentional act of another, immediate family members may pursue an action for compensation under Tennessee’s wrongful death statute. Under Tennessee’s wrongful death law, there are two types of actions that may be pursued by the family members of a person who is killed in an accident or by the intentional act of another. The attorneys of Nahon, Saharovich & Trotz, PLC (NST Law) have many years of collective experience in handling Tennessee wrongful death and Tennessee survival actions and can help you seek just compensation for your loved ones.
A survival action is brought by the personal representative of someone who has been killed to compensate for the damages suffered by the deceased including pain and suffering and actual expenses incurred from the incident until the time of his death. The crux of a survival action is that damages are awarded for the damages actually suffered by the deceased. Under Tennessee law, a court will award only very limited compensation in a survival action if the person who is killed dies instantly. Generally, the only compensation that can be awarded in this situation includes medical costs and funeral expenses. The idea is that anyone who dies instantly does not experience any other loss (i.e. pain and suffering) because the death is instantaneous.
A wrongful death action awards to immediate family of someone who is killed for their own suffering and loss as a result of the death of their loved one. The husband, wife, parent or child of the person who was killed may bring a wrongful death action. To pursue a civil claim for wrongful death, the immediate family member that files the claim must establish certain elements:
- Death of a human being
- Caused by the negligence or intentional act of a 3rd party
- The survival of family members who are suffering the loss of financial support, love, care, comfort
While any negligent or intentional act that causes the death of another can be the basis of a wrongful death action. There are a number of types of cases that commonly give rise to wrongful death claims.
- Vehicular accident
- Medical malpractice
- Occupational exposure to hazardous substances
- Violent crimes
As a general rule under Tennessee wrongful death law, one can recover both economic and non-economic losses. Pecuniary injury is the term used to refer to actual economic loss. Non-pecuniary losses including loss of love, comfort and affection, resulting from the death of a loved one. However, the pain and suffering of the decedent is not recoverable through the wrongful death action but only through the survival action brought by the estate of the decedent. An experienced Tennessee wrongful death lawyer will help make sure the jury understands how long the deceased was conscious and the degree of suffering that must be compensated. Damages available in a wrongful death action include the following: (1) loss of income from injury to death; (2) loss of future earning; (3) loss of parental guidance; (4) medical and funeral expenses; and (5) loss of love, companionship and comfort.
The court will consider factors such as the age, intelligence, education and earning capacity of the deceased as well as the circumstances of the immediate family members whom bring the action. This can be a very difficult issue to establish and involves a certain degree of speculation about the decedent’s age life expectancy and potential earning capacity. Under Tennessee wrongful death law, pecuniary loss is not limited to the deceased actual income, which is important in the case of retired persons and small children. At NST Law we often employ the services of an economic expert to establish the lost future income in difficult cases where a person was not employed or had no earning history. Super Lawyers has recognized NST Law as one of the top 5% of law firms nationally. If someone you love has been killed by the careless or intentional misconduct of another, you should contact NST Law today.
Tags: Tennessee-Wrongful-Death-Attorney, Tennessee-wrongful-death-case, Tennessee-wrongful-death-lawsuit
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May 1st, 2010
Many people never consider what a fundamental role buses pay in our everyday lives. When we put our children on a bus as we send them off to school or jump on a city transit bus as we go to work or a shopping center, we are entrusting our safety to others. Most of us never even consider the possibility that the bus may be involved in an accident or that we will be injured or killed. This is somewhat naïve considering that from 1990 to 2001 there was an average of 50,000-63,000 bus crashes per year.
With bus accidents being this common, it is not surprising that between 15,000 and 21,000 people were injured in bus accidents each year between 1991 and 2004. The real possibility of being seriously injured in a bus crash can result in significant emotional and financial consequences for the passengers as well as their dependants and loved ones. The experienced bus accident law firm of Nahon, Saharovich & Trotz, PLC (NST Law) recognize the importance of aggressively pursuing fair compensation for the serious injuries or death suffered by you or your loves ones as a result of a busing accident caused by the negligence of others.
The high duty of care owed by a bus driver and busing company to its passengers comes from the legal classification of a bus as a common carrier. A common carrier is a commercial enterprise publicly offering to transport people for a set fee. To be a common carrier, the enterprise must offer services to the general public for a ticketed price.
A common carrier must exercise extreme caution and vigilantly guard against dangerous conditions. Usually even minimal fault on the part of a bus driver or busing company may result in a portion of legal liability if a passenger is harmed, even if the injury was caused in part by another party.
The safety of the vulnerable traveling public is in the hands of those controlling the means of transportation.  A common carrier cannot transfer, delegate or assign its special duty of care to any other entity. The busing company bears the responsibility of keeping its passengers safe.
As common carriers, busing companies must carefully operate, inspect and maintain their equipment and facilities. Bus drivers and maintenance people must be properly trained and the bus service must be professional and cautious. The busing company must also take reasonable precautions to protect passengers from foreseeable hazardous behavior on the part of either its employees as well as other passengers. Bus companies must make sure bus drivers are properly trained and drive legally and safely. Bus doors, steps and handrails must be safely designed and maintained, and the bus must take care not to lurch dangerously when there are walking or standing passengers. There are many special regulations that apply to buses as common carriers, and the experienced bus accident lawyers of NST Law will determine how these regulations apply to your case.
A bus company’s very high duty of care to it passengers is not unlimited. The busing company is not required to provide a complete guarantee of safety under extraordinary circumstance nor must it take precautions that radically deviate from its normal operation. Highly unusual and unpredictable accidents or events that cause harm to passengers may be beyond the scope of a busing company’s responsibility. In addition, courts hold passengers responsible for their own safety to some degree. Bus passengers should conduct themselves reasonably under the circumstances, follow bus rules and not expose themselves to dangerous conditions when the bus has offered safer alternatives.
Despite the high duty of care owed by busing companies, a person who is injured by the negligence of a bus company must take appropriate steps following an accident that causes injury. A person who is injured in a busing accident or by unsafe conditions on the bus should seek prompt medical treatment. Because a bus is a common carrier, employees of the bus company will typically summon medical help for passengers who are injured. Anyone who is injured should insist on a complete medical evaluation of any injuries including head, back and neck injuries.
A person injured in a Tennessee busing accident should also act promptly to retain an experienced attorney as the statute of limitations may create a bar to ones claim if they do not act promptly. Many busing accidents involve bus lines that are owned by county or municipal governments which usually require special filing (notice) requirements and an even shorter period of time within which a claim must be brought. The attorneys of NST Law are familiar with these special requirements and time limits under Tennessee law and can act promptly and diligently to ensure that your right to be compensated for your injuries and those of your family are not compromised.
There are many different potential parties who may be partially or totally responsible for injuries that are caused by a busing accident or other dangerous condition under the control of the busing company. The lawyers of NST Law know the importance of identifying all appropriate parties who may bear responsibility for ones injuries early in a case so that an injured party is fully compensated. Among those parties that may bear responsibility are the following:
- The Busing Company – The busing company may be responsible for a collision caused by faulty brakes or tires or for inadequately trained or supervised drivers or maintenance employees. The busing company is required to repair and maintain buses so that they are safe to operate. Other hazards that are posed by poor maintenance of the bus are also the responsibility of the busing company.
- Independent Maintenance Company – Busing company’s often contract with other company’s to maintain and repair their buses. If the company fails to adequately maintain the bus, the maintenance company may be responsible for resulting injuries.
- Government Entities – Many times government entities including cities and counties own transit bus lines. If the bus driver or the public employee’s negligence result in injury to a passenger, the governmental entity can be liable.
- School Districts/Boards – If a child is injured in a school bus accident, the school district or school board may be culpable.
- Bus Driver – The bus driver may be liable if he drives carelessly or is under the influence but many times the driver may not have the means to pay a judgement.
- Bus or Part Manufacturer – If the bus or parts on the bus are defective when they are put into the marketplace and cause an unreasonable risk of harm, the manufacturer or supplier may be responsible for a bus accident that results from the defect.
- Driver of Other Vehicles – If a driver of another vehicle contributes to the accident, the other driver may also be a defendant.
- Tour or Charter Company – Often bus trips are part of a tour package offered by a tour company. The tour company may be liable for a tour related accident.
At NST Law, we will apply our familiarity with the special regulations that govern common carriers to the specifics of your bus accident. Our lawyers recognize the importance of taking prompt action to preserve your claims and comply with all appropriate procedures and time limits for pursuing compensation for you injuries. We will also carefully investigate the circumstances of your case to make sure all potentially responsible parties are part of your case. NST Law has been recognized by Super Lawyers as one of the top 5% of law firms nationally. If you or someone you love has been injured in a bus accident, you should contact NST Law today.
Tags: Tennessee-Bus-Accident, Tennessee-Bus-Accident-Lawyer
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April 15th, 2010
At Nahon Saharovich & Trotz, PLC (“NST Law), we know that as SUVs became popular, making the transition from off-road vehicle to all purpose family car, certain design elements made the SUV a moving death trap for many drivers. The SUV is portrayed in most auto industry advertising as the “heartwarming modern station wagon” where mom and dad load up the kids, dog and bikes and head off for a sun filled day at the beach. This popular image belies a darker side to the widespread popularity of the SUV – the SUV rollover accident.
Although roll over accidents occur less frequently than other accidents, they are far more likely to result in serious injury or death. Rollover accidents kill about 10,000 people and injure more than 200,000 each year. Although rollover accidents accounted for only 3% of all auto accidents in 2001, they now account for a whopping 33% of all vehicle accident fatalities. At NST Law, we have many years of knowledge and experience with representing those injured in SUV rollover accidents.
The reasons that SUVs are so prone to rollover accidents and result in such catastrophic injuries like head trauma are well known in the SUV manufacturing industry. The risk of an SUV rollover occurs when taking emergency corrective action after steering in one direction and then rapidly correcting in the other direction. SUVs have a high center of gravity (i.e they are top-heavy) and are among the most unstable vehicles on the road. The high center of gravity and a narrow track width (i.e. the distance between the tires on each side of the vehicle) makes it difficult for a SUV to skid, spin and recover. This is a common evasive maneuver that auto driver’s successfully perform every day. In SUV vehicles, this rapid corrective action often causes SUV’s to rollover. SUV accident litigation often involves expert testimony regarding the physics of SUV rollovers and SUV safety standards. The attorneys of NST Law understand the value of using technology like computer animations to help the judge and jury understand and visualize an SUV rollover accident.
Studies of rollover accidents show that more than 90% of rollovers occur after a driver inadvertently runs off the roadway. Once the vehicle leaves the pavement after the driver loses control of the vehicle, it hits a ditch, soft soil, curb or rail guard or other “tripping mechanism,” which then initiates the rollover accident. This type of chain reaction is the most common factor in SUV rollover accidents often called “tripping” accidents. Electronic Stability Control (ESC) can reduce the risk of SUV rollover accidents to some degree. ESC is intended to aid drivers in maintaining control of their vehicles during extreme steering maneuvers. The ESC system senses when the SUV is starting to spin out (oversteer) or plow out (understeer), the system automatically activating the brakes to one or more wheels. Other systems slow the SUV with further brake and throttle control.
The design and manufacturing of an SUV not only make it more likely to rollover during an accident but also much more frequently results in catastrophic injury or death. Although many SUV type vehicles originally were designed with rollbars for off-road driving, SUV manufacturers viewed rollbars as an unnecessary expense as SUVs became routinely used for standard city driving. Today, very few SUVs have rollbars and almost none meet the National Highway Traffic and Safety Administration roof safety standards for automobiles. The high center of gravity, narrow track width and lack of roof reinforcement form a deadly combination. The SUV auto accident attorneys of NST Law thoroughly understand the legal and mechanical issues related to SUV rollover accidents. NST Law will make the vast resources of experience, knowledge and technology at our disposal available to assist you in obtaining the best possible outcome in your SUV rollover accident case.
Tags: Tennessee SUV Rollover Accident Attorney, Tennessee SUV Rollover Accident Law Firm, Tennessee SUV Rollover Accident Lawyer
Posted in SUV Rollover Accidents | No Comments »
April 12th, 2010
Most people cross streets, walk to the market or through a store parking lot on a daily basis. We cross the street on our way to work while our children cross the street on their way to school. Rarely do we consider that there is a real chance that we may be involved in a pedestrian accident. Nonetheless, the statistics regarding the frequency of pedestrian accidents is staggering. At Nahon Saharovich & Trotz, PLC (“NST Law), we employ the latest cutting edge technology in litigating pedestrian accident cases. When a pedestrian is involved in a pedestrian accident, the resulting injuries are frequently catastrophic or life threatening because the human body does not typically fair well when it is faced with the impact of thousands of pounds of metal in the form of a car, truck or SUV.
The statistics concerning the frequency and seriousness of pedestrian accidents is mind-boggling. Over 68,000 people are injured and another 5,000 killed in pedestrian accidents each year. Consider a few more statistics that give a more complete picture of the risk of being seriously injured or killed in a pedestrian accident:
- 180,000 pedestrians were killed in motor vehicle accidents between 1975-2005.
- A pedestrian is injured in a motor vehicle accident every 8 minutes and killed every 111 minutes.
- There are approximately 69,000 pedestrian accidents per year.
A pedestrian who is injured or killed in a motor vehicle accident may seek compensation against any person or entity whose negligent conduct contributed to the accident. Potential parties that may be liable include any drivers at fault or a governmental agency, such as, municipal, state or federal agencies responsible for the design, construction and maintenance of the sidewalk, roadway or parking lot. Other drivers owe a duty to exercise “reasonable care under the circumstances” when driving a motor vehicle, while governmental agencies owe a duty of reasonable care in the safe design and maintenance of sidewalks, roadways and parking lots. Common causes for pedestrian accidents include the following:
- Inattentive or preoccupied drivers
- Driver’s failure to obey the speed limit
- A driver’s failure to yield at a crosswalk
- Disregarding traffic signs and signals
- Failure to signal when turning
- Ignoring weather or traffic conditions
- Driving while under the influence of drugs or alcohol
The sad reality is that if a pedestrian is involved in a pedestrian accident the probability of serious injury or death is very high. A pedestrian involved in a motor vehicle accident has an 85% chance of death when a car is traveling over 40 mile per hour. Pedestrian accidents also commonly result in catastrophic injuries like brain injuries, spinal cord and head/neck injuries. These types of pedestrian accident injuries affect the quality of life of the person injured sometimes for the rest of his or her life. These types of injuries will typically require ongoing medical treatment and rehabilitative therapy with the injured victim never fully recovering from his or her injuries. Catastrophic injuries of this kind also mean a great deal of medical cost and rehabilitative care not to mention the lost earnings from time off work.
At NST Law, we have handled many pedestrian accidents and know that the lawyers for a driver or the driver’s insurance company will routinely allege that the pedestrian who was injured or killed was at least partially responsible for his own injuries. Unfortunately, if the defendant’s attorneys are successful in establishing that a pedestrian did not act in a reasonably prudent manner for his own safety, a judge or jury may reduce a pedestrian’s recovery in proportion to the percentage of fault attributable to him or her.
The attorneys of NST Law will aggressively oppose attempts by defense lawyers to establish you should be apportioned fault in the accident that resulted in your injuries. We may use state of the art computer animations and the testimony of accident reconstruction experts to help establish that your were not partially responsible for the accident or to mitigate your proportion of fault.
There are commons types of conduct by pedestrian’s that the attorney of a driver or the driver’s insurance frequently point to as evidence of a pedestrian’s own negligence. At NST Law, we have a great deal of experience addressing claims that a pedestrian’s recovery should be reduced and a degree of fault allocated to the injured pedestrian. Types of pedestrian conduct often used as examples of pedestrian negligence include the following:
- Ignoring traffic controls: This would include entering a crosswalk against a “don’t walk” signal or yellow light.
- Jaywalking: If a pedestrian crosses the street in an inappropriate or unexpected location (i.e. the middle of the block), a pedestrian puts himself or herself at a greater risk of injury.
- “Darting” Children/Parents: Children often run out into the street without looking to chase a toy or pet. Alarmed parents will sometimes hastily follow to rescue a child and fail to check for traffic.
- Walking on a limited access highway: This is an extremely dangerous but sometime unavoidable practice when a driver has car trouble. Generally, a pedestrian is well advised to stay off any roadway marked “No Pedestrians.” Drivers on these roadways are driving at high rates of speeds and are not typically expecting pedestrians.
The presence of any of these types of conducts greatly complicates recovery in a pedestrian accident. The experienced pedestrian accident lawyers at NST Law can evaluate your case and present you with potential strategies and outcomes if any of these types of conducts are present in your pedestrian accident case. Super Lawyers have recognized several attorneys at NST Law, which rates the top 5% of lawyers in the country. We at NST Law understand the potentially life altering consequences when you or someone you love is involved in a pedestrian accident; we pride ourselves on using the latest technology as well as novel and innovative strategies in litigating pedestrian accident cases.
Tags: Tennessee Pedestrian Accident Attorney, Tennessee Pedestrian Accident Law Firm, Tennessee Pedestrian Accident Lawyer
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April 10th, 2010
If you are injured when you are on someone else’s property, you may be able to seek compensation for your injuries from the person who “controls” the property, typically the person who owns or has the right to possession of the property (hereinafter referred to as the “premises owner”). You may seek compensation regardless of whether the property is a neighbor’s home, commercial business or city sidewalk depending on the circumstances surrounding your injuries.   An experienced Tennessee premises liability lawyer should know how to gather critical evidence of the premises owner’s knowledge of the dangers lurking on his or her property and how to make a compelling presentation to a judge or jury.
There are often complex questions regarding the “forseeability” of certain dangers that visitors encounter on a property, which may require an expert’s analysis and testimony. At Nahon Saharovich & Trotz, PLC (“NST Law), we understand the importance of analyzing statistical data and employing expert testimony in to help ensure that our client’s are compensated or their injuries. At NST Law, we will carefully analyze the circumstances of your accident and rely on state of the art models, video reenactments and computer simulations in helping a judge or jury understand how you were injured and why you should be compensated for your injuries.
The body of Tennessee accident law that provides for the liability of a premises owner to someone injured on his or her premises is generally called “premises liability.” What your Tennessee premises liability lawyer must show to establish liability of a premises owner for injuries you suffer while on the property depends on the reason for your visit.
A premises owner owes a different duty of care to those who visit their property depending on how a visitor is characterized. This classification system was the common law (judge made law) approach in Tennessee and remains the law in many states.
- Invitee: Basically, an invitee is someone who is on the property for some business purpose that is mutually beneficial to both parties. The person is said to have the implied or express consent of the premises owner to visit the property. A customer who visits a grocery store to buy groceries would be a typical example. Under Tennessee common law and the law of many states, a premises owner owes this type of visitor the highest duty of care.
- Licensee: A licensee is a social guest who visits your property. A visiting neighbor or friend would be an example of a licensee. The premises owner traditionally has an obligation to warn an invitee of risks of injury that the invitee would not likely discover on their own. If a premises owner knows that a step on the basement stairs is broken (but does not appear broken), the premises owner may be liable to a social guest who is injured by the broken step. Put another way, a premises owner is liable for injuries to social guests that result from “latent defects,” meaning defects that are not obvious to a reasonably observant person.
- Trespasser: A trespasser is a person who has neither an express or implied invitation to be on the property but instead is present for his or her own purposes rather than to perform any task for the owner. If the premises owner is unaware of a trespasser’s presence, the owner typically has no duty to warn the trespasser of dangers or to make the premises safe for the trespasser. The premises owner is only obliged not to intentionally hurt an adult trespasser. A premises owner could be liable if she sets some kind of trap to catch someone pilfering from the premises, for example. But if someone were wandering around the property without permission and fell in a hole, the premises owner would ordinarily not be liable for his or her injuries.
If the trespasser is a child who is attracted by a dangerous condition on the property, such as, a deep hole or swimming pool, a premises owner may be liable under what is referred to as the “attractive nuisance doctrine.” This special case of liability for injury to a child does not apply to the terrain of the property. Tennessee premises liability law also has a special provision that relieves a property owner of liability if land is leased to the government for recreational use.
Tennessee has generally abandoned the common law distinction between the level of care owed to a licensee and an invitee. A uniform standard of care requires the exercise of reasonable care for the safety of visitors other than trespassers. To satisfy the reasonableness standard owed to invitees and licensees, a premises owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.
At NST Law, we have many years of experience representing those injured by property owners who fail to warn of a dangerous condition on his or her property or fail to make the property safe. The attorneys of NST Law have represented clients who were injured by natural or man-made conditions on a property and even injuries suffered by the intentional or criminal act of a third party. Often, the “foreseeability” of ones injuries will be a critical issue in these cases, especially where one’s injuries are caused by the intentional or criminal act of a third party.
The experienced premises liability attorneys of NST Law will carefully investigate to determine if there has been previous criminal activity in the area.   We will typically use an expert to gather such evidence of past criminal activity in an area and testify regarding statistical evidence of crime in the area.
At NST Law, we understand that establishing that a premises owner should have known that his or her property was unsafe is usually a critical issue in establishing liability on behalf of someone who has been seriously injured or killed on the property. We routinely employ our skill and experience by using statistics and expert testimony to establish this knowledge, and computer simulations or other state of the art technological evidence to communicate this knowledge to a judge or jury. NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country.
Tags: Tennessee premises liability attorney, Tennessee premises liability law firm, Tennessee premises liability lawyer
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April 8th, 2010
Though activity in the construction industry has recently declined as a result of a lagging economy, construction sites are still commonplace in most communities.  Whether a person is working at a construction site or simply passing by a site, there is a significant risk of injury or death from construction site hazards. The law compensating those injured by hazards on a construction site differs based on whether someone is working at the site or just passing by. A person who is injured as a bystander is compensated by normal personal injury law from any party who is at fault. Those who are employed at construction sites may face a more complex situation. The lawyers of Nahon, Saharovich & Trotz (“NST Law”) will use our many years of experience in handling construction injury claims to help you or your family obtain compensation for a construction accident victim’s injuries or death.
Thousands of construction workers are hurt or killed each year while on the job. The construction industry accounted for the most fatal work injuries in any private sector industry in 2008. Even construction accidents that do not result in death often involve catastrophic injuries like head and neck injuries from various types of accidents including:
- Falls from scaffoldings, ladders or roofs
- Construction vehicle accidents
- Accidents resulting from defective heavy equipment
- Mishaps caused by careless storage of equipment or debris
- An accident resulting in electrocution, fire or explosion
A construction worker who is injured on the job is typically compensated for his or her injuries under the worker’s compensation system. The system provides benefits to workers who are injured on the job or who suffer an occupational disease that occurs in the course and scope of employment. The system is not based on fault so there is no need to prove that an employer is at fault in causing an employee’s injuries nor is it relevant that the worker’s own negligence contributed to his or her own injuries.
The lack of need to prove fault is the good news, but the worker’s compensation system also includes some bad news. Worker’s compensation benefits are far more limited than those that can be awarded under Tennessee personal injury law. At NST Law, we recognize the limitations of the worker’s compensation system and understand the importance of naming all potential parties’ to a construction accident case so that our clients can be fully compensated by a personal injury action against third parties.
A construction project usually involves many individual companies, people and products. Property owners, contractors, architects and engineers all have some duty to provide a safe working environment at a construction site. Additionally, equipment manufacturers and suppliers also have a duty under Tennessee construction accident law to provide equipment and supplies that are safe. At NST Law, we will routinely investigate the potential to pursue a personal injury lawsuit against any of these third parties in addition to a worker’s compensation claim against an injured construction worker’s employer. The damages that may be recovered in a third-party negligence lawsuit far exceed typical worker’s compensation benefits and may include lost wages, reduced earning capacity, current and future medical costs, pain and suffering and loss of consortium (deprivation of the benefits of a family relationship due to a worker’s injuries).
Unlike claims brought by injured construction worker’s under the Tennessee worker’s compensation system, an injured worker must prove the fault of any third-party in a Tennessee personal injury action. At NST Law, we have handled many such cases and know that the lawyer for a third-party or their insurer may argue that the conduct of the injured worker contributed to his or her own injury. Under Tennessee construction accident law, an injured construction worker’s recovery can be reduced according to the worker’s own degree of fault. This element of Tennessee construction accident law is called comparative negligence.
At NST Law, we understand the importance of investigating to determine all potential parties that may have played a role in causing an injured construction worker’s injuries. We also know that is it critical that an experienced construction lawyer moves promptly to seek compensation for a construction worker who suffers catastrophic injury or death. The landscape of a construction site changes and evolves quickly so NST Law will act promptly to make sure evidence that may help establish liability of a third-party is not destroyed or altered. At NST law, we will use our skilled staff, experience and resources to pursue compensation from all potential parties responsible for a construction worker’s injuries. Whether you are a construction worker or a person injured when passing a construction site, NST Law has the experience and skill to assist you in seeking just compensation for your injuries.
Tags: About Tennessee Construction Accident Attorney, About Tennessee Construction Accident Lawyer, Tennessee Construction Accident Law
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