October 24, 2018 In Auto Accident, Civil Litigation, Personal Injury

Trucking Accident near Memphis, TN Causes Severe Injuries

Over this weekend, Erica Baggett and her family were heading to Mississippi from Nashville, TN for a football game when her husband says they were T-boned by an 18-wheeler near the Mississippi-Tennessee border. According to news reports, Ms. Baggett was rushed to Regional One Health in Memphis, TN and is still receiving treatment. Her son and husband were also in the car at the time of the accident, and a GoFundMe has been setup to help the family with rising medical costs as a result of this horrible accident.

What to Do Following a Collision with a Commercial Truck or 18 Wheeler

More than likely, you will require immediate medical attention after a truck accident. This is because most of these collisions involve serious and possibly even life-threatening injuries. After recovering, you should call a trucking accident lawyer Memphis, TN trusts. An attorney from our firm can arrange to meet you in a hospital or at your home. We may help you to file a police report if this has not already been done. If you are the parent, child, spouse, partner, or other immediate family member to a person who was incapacitated or killed in a truck accident, we encourage you to call Patterson Bray immediately. We can help seek recovery against the driver of the truck and his/her company for damages they may have caused, including medical expenses incurred by you.

When to Consult a Memphis Trucking Accident Lawyer

Every year, thousands of people are injured in truck accidents in the United States. While the cause of each of these is different, there are typically similar factors involved–usually, negligence or carelessness. When this holds true, you may be able to seek legal representation to receive monetary compensation. Examples of negligence include:

Failing to signal
Reckless driving
Driving under the influence
Lack of driver training or experience
Speeding
Load violations
Faulty parts
Tire blowout
Broken axle
Brake failure
Improper maintenance on the truck
Poor road or weather conditions

It’s possible that more than one of the aforementioned was involved in your accident; for example, poor weather conditions could have exacerbated the effects of a tire blowout from an overloaded truck. Even if the cause of the accident is not listed above, you should contact a trucking accident lawyer Memphis, TN residents regularly consult for further advice.

What to Do When You Are Contacted By the Other Party’s Insurance Company

Sometime after your accident, you may be contacted by the insurance adjusters of another party. They may be seeking information about the collision or wish to get a statement from you. They might also claim to take responsibility for what happened, and follow up with a settlement offer. As tempting as this will be, it is in your best interest to decline everything. They are not on your side, and will be trying to settle for much less than you deserve, including payment for medical bills incurred by you, lost wages, pain and suffering, etc. At this point, you should seek further advice from a trucking accident lawyer Memphis, TN prefers from Patterson Bray.

For Your Truck Accident Lawyer, Count On Patterson Bray

When you are seeking a law firm who can offer a successful trucking accident lawyer Memphis, TN recommends, there are many to choose from, but there is only one like Patterson Bray. For years, we have been fighting for innocent victims of truck accidents. Guided by our confidence, zealous approach, and determination to get results, we are recognized as a law firm who can offer a skilled trucking accident lawyer in Memphis, TN. To arrange a free consultation with one of our truck accident lawyers, please call 901-372-5003.

August 20, 2018 In Personal Injury

Deadly Apartment Shooting in South Memphis at Cottonwood Apartments

We continue to read about apartment complex shootings in Memphis and can’t help but wonder what kind of security measures were in place at these complexes. Could a more thoughtful security plan have prevented these tragic deaths and injuries? 6 different people were killed in Memphis, TN over the weekend per reports of the Commercial Appeal.

Moreover, this all occurred over a 72 hour period. At about 5:30 pm on Sunday, the Memphis Police Department responded to a robbery call in the Cottonwood Apartments. When they arrived, the Memphis Police Department found three men with gunshot wounds. One of the victims is dead. The other victims transported to the Med after the shooting.

COTTONWOOD APARTMENTS’ DUTY TO PROVIDE REASONABLE SECURITY

Did you know that in Memphis, TN apartment complexes usually have a duty to provide reasonable security measures? Each case is different. In some cases, a crime victim injured on apartment complex property may be entitled to money damages from the apartment complex or its owner. Call Patterson Bray, if you or a family member are the victim of a shooting at an apartment complex. You may be able to recover against the apartment complex, even though you were shot by a criminal. This depends on the facts of your case and the security measures that were or were not in place at the apartment complex. Every case is unique. It is important to call an experienced apartment complex shooting lawyer Memphis, TN to discuss your case.

WE REPRESENT VICTIMS OF APARTMENT COMPLEX SHOOTINGS.

Do you have questions about a potential case against an apartment complex based on the acts of a criminal assailant? Our law firm has significant experience in this type of case. We represent clients that are shot at apartment complexes, and we help obtain compensation for injuries. Not only do we have the necessary experience in this kind of case, but we treat our clients like family. You will never feel like a “file on a shelf” at Patterson Bray.

Call us today at (901) 372-5003 or email us here.

August 17, 2018 In Personal Injury

Deadly Shooting at The Cobra in East Nashville, TN

Just this Friday morning, another sad incident occurred at a bar in East Nashville, TN. At approximately 3:30 am, patrons of the Cobra bar in Nashville, TN were shot in the parking lot. Jaime Sarrantonio and Bartley Teal unfortunately lost their lives as a result of this shooting East Nashville, TN and the possible negligence of the bars owners. According to news reports, the two walked to a convenience store to get some snacks. When they returned, they were shot during an apparent robbery. This is just the latest shooting East Nashville, TN to occur recently. Sadly, one of the victims had just turned 33, and this may have been prevented.

NEGLIGENT SECURITY | PUTTING PROFIT BEFORE PEOPLE

Some bars and nightclubs are quiet places where no one ever raises their voice and fights are unheard of, but others unfortunately are hotbeds for arguments and fights night after night. What if you are attacked in a bar or nightclub or what if you accidentally get hit by a fist or a thrown bottle? Who is liable? Is the bar or nightclub liable to you? How does premises liability law cover these situations?

Bar owners must take reasonable steps to prevent guns from entering their establishments. With adequate security measures in place, shootings East Nashville, TN can be prevented. Sadly, when we investigate shooting lawsuits, all too often the property or bar owner negligently ignored their security needs. This results in negligent security cases. The purpose of these shooting lawsuits is to hold the bar accountable for the wrongful injury or death of the shooting victim(s). Although money will not bring the deceased back or make the injured healthy, it sends a message to the negligent owner.

DOES THE VICTIM HAVE A CLAIM AGAINST THE THE COBRA?

Maybe. There are many factors to consider. Tennessee law requires property owners and managers to take reasonable measures to protect guests from foreseeable criminal attacks. Whether the victims or their family will be able to recover against the The Cobra for this shooting East Nashville, TN depends on a number of factors, including how exactly the incident occurred, what security measures the bar provided, and the crime levels for the bar and surrounding area. Each negligent security case is unique. As such, injured individuals and their families need a law firm that regularly handles negligent security cases. Patterson Bray has represented negligent security victims for years and understands victims’ rights.

ARE YOU THE VICTIM OF A NEGLIGENT SECURITY CRIME OR SHOOTING? IF SO, CALL THE NEGLIGENT SECURITY LAWYER NASHVILLE, TN TRUSTS.

We’ve helped other crime victims, and we can help you recover your damages if a bar failed to take reasonable measures to protect against foreseeable criminal attacks. Patterson Bray are a personal injury and wrongful death attorneys Nashville, TN knows and trusts.

If you or your family member is the victim of a serious injury due to crime or negligent security, please call Patterson Bray today at 901-372-5003.

Patterson Bray Attorneys

July 25, 2016 In Personal Injury

Injuries to Trespassing Children

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Attractive Nuisance Doctrine

In most states, there are special rules addressing injuries to trespassing children. In Tennessee, for example, there is the “attractive nuisance doctrine,” recently codified in Tenn. Code. Ann. 29-34-208.

In summary, that doctrine holds that a land owner or possessor is liable for injuries to children who trespass if all of the following elements are present:

(1) The owner maintained a dangerous condition that was not a natural condition and knew or should have known that the condition posed a risk of death or serious bodily harm to trespassing kids;

(2) The owner knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly play on the property;

(3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk;

(4) The usefulness to the owner of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to kids who would foreseeably trespass onto the property; and

(5) The owner failed to use reasonable care to eliminate the danger or otherwise protect the children.

This statute does not create or increase liability or affect any immunity from or defense to liability established by other statutes or common law to which a landowner may be entitled.

Even Trespassing Children are Protected by the Law

If your child was injured on someone else’s property by a dangerous condition, you should speak with a personal injury lawyer. Cases like this are very fact-dependent and are handled and settled on a case-by-case basis. Depending on the circumstances, you may be able to recover compensation to help you pay for your child’s medical bills and other damages, even if your child was trespassing.

We represent injured children and their families.

The attorneys at Patterson Bray not only know how to deal effectively and efficiently with insurance companies, but we are also experienced trial lawyers. We’d be honored to represent you and your family if your child has been injured. Please call us today for a free consultation at 901-372-5003. Or, if you aren’t a fan of the telephone, please feel free to email our team of injury lawyers.

We serve clients throughout Tennessee and Mississippi, including Bartlett, Cordova, Lakeland, Germantown, Collierville, Munford, Covington, Arlington, Nashville, Brentwood, and the surrounding counties and rural areas. Sign up to receive our blog posts via email.

June 21, 2016 In Auto Accident, Civil Litigation, Medical Malpractice, Personal Injury

Wrongful Death of a Child

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Info From Patterson Bray About the Wrongful Death of a Child

No one should have to ever think about the wrongful death of a child. As a mother of two young children, I can’t think of anything more unbearable than the loss of a child. But according to the American Association for Marriage and Family Therapy, over 57,000 children under the age of 19 die every year in the United States.

Our law firm represents parents who have lost a child due to the fault of another person or company. The legal term for a death caused by someone else’s negligence or wrongdoing is “wrongful death.”

Who can File Suit for Wrongful Death of a Child?

In Tennessee, only certain people have the right to file a lawsuit to recover damages for the wrongful death of a child. As a general matter, the child’s parents can file suit against the responsible party. If the parents are divorced, special rules apply. Usually, the parent with “primary custody” has the right to file suit. An administrator can also file the lawsuit. Tenn. Code Ann. Section Tennessee Code Annotated Section 20-5-106 provides that the wrongful death cause of action:

shall pass to . . .the [child’s] natural parents or parent or next of kin if at the time of death [the child] was in the custody of the natural parents or parent and had not been legally surrendered or abandoned by [the parents] pursuant to any court order removing [the child] from the custody of [the parents or parent]; or otherwise to the [child’s] legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from the claims of creditors.

Occasionally, due to family circumstances, wrongful death cases involving children can become very complicated. Sometimes disputes arise between divorced parents or among family members as to how the case should be handled. Also, even if you aren’t the person to file the lawsuit, you may still be entitled to recover a portion of the damages awarded. Likewise, the person who files the lawsuit may or may not be entitled to a portion of the money damages awarded. An experienced wrongful death attorney can talk with you, learn about your family situation, and advise you on your potential rights.

What are the Damages in a Wrongful Death Case Involving a Child?

Damages in a case involving the wrongful death of a child are determined on a case by case basis. A jury will look at all of the facts and circumstances and make an award. Legally speaking though, the types of damages recoverable in a wrongful death case are statutory and are set forth in Tennessee Code Annotated Section 20-5-113. The general categories are:

(1) Injuries Suffered by the Child from Time of Injury Until Death

This classification allows recovery for medical expenses, physical and mental pain and suffering, funeral expenses, and loss of earning capacity during the period from injury to death.

(2) Incidental Damages Sustained by Child’s Next of Kin

This classification of damages includes the pecuniary value of the child’s life. The “pecuniary value” of a deceased child’s life represents the value of the child’s probable future financial accumulations at the time of the child’s death. To determine the pecuniary value of a decedent’s life, a court considers the following factors: life expectancy and age, condition of health, capacity for earning money through a skill, art, trade, profession, occupation or business, and personal habits regarding sobriety and industry. The amount should then be reduced by deducting the decedent’s probable living expenses had the decedent lived.

In the case of a wrongful death of a child, the analysis is a bit different. Living expenses are the costs associated with child-rearing. In the case of a very young child, estimates of the child’s future earnings and contributions are speculative at best. For this reason, it can be helpful to have expert testimony concerning the valuation of a child’s pecuniary losses.

Loss of Consortium (Filial Consortium Damages)

Pecuniary value also includes the value of human companionship. Parents of a deceased child are entitled to recover for loss of consortium. However, these claims for loss of consortium cannot exist independently from the claim that a defendant’s negligence caused the child’s death. Thus, parents cannot recover for the sorrow and anguish endured as a result of the child’s death. Rather, the “pecuniary value” of the child’s life includes a value for the parents’ loss of consortium

In determining the amount of consortium damages, courts consider the benefits the child bestowed on the family, such as companionship, comfort, society, attention, cooperation, affection, care and love. Because it is impossible to generalize on the extent to which family members enjoy each other’s companionship and society, the measurement of a particular parent’s loss of a particular child’s consortium is decided on a case by case basis.

Punitive Damages

If the child’s death was caused by reckless or intentional conduct, parents can seek punitive damages. Punitive damages are designed to punish the responsible person and deter similar behavior.

Negligent Infliction of Emotional Distress

Depending on the facts of the case, parents of a deceased child may be able to assert independent claims for “negligent infliction of emotional distress.” An experienced wrongful death lawyer can advise you further about this and other claims you may have.

Limits on Damages in Tennessee Due to Tort Reform

As a general rule, the most that parents can recover for “loss of consortium” damages for the wrongful death of a child is $750,000. Punitive damages are usually limited to $500,000 or two times the compensatory damages, whichever is greater. One of our Memphis wrongful death attorneys can discuss your case and explain the rules on damages in Tennessee, as well as the various limitations in effect due to Tennessee Tort Reform.

Looking for a Caring and Compassionate Wrongful Death Lawyer?

If you’d like to speak with a caring and compassionate wrongful death lawyer in the Memphis or Nashville area, please call our office at 901-372-5003. We’re not your everyday law firm. We are mothers and fathers just like you and we treat our clients like family. There is never any charge for an initial consultation or meeting.

June 6, 2016 In Auto Accident, Civil Litigation, Medical Malpractice, Personal Injury

Will I have to pay taxes on my settlement?

personal injury settlement

Will the IRS make me pay taxes on my settlement?

Many of our Memphis and Tennessee injury clients ask – will I have to pay taxes on my settlement for personal injuries? The general answer is NO.

Here is what the IRS currently says about Settlements and Taxability:

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.

What if I did take an itemized deduction for related medical bills in prior years?

Will I have to pay taxes on my settlement if I did? You must include in income the part of the settlement that is for medical expenses you deducted in any prior year to the extent the deduction provided a tax benefit. For detailed information on how to report this, we recommend that you speak with your accountant or tax professional.

What about settlements for Emotional Distress or Mental Anguish?

If you receive a settlement for emotional distress or mental anguish stemming from a personal physical injury or sickness, then the settlement is treated the same as a personal injury, as noted above above. However, if the settlement for emotional distress or anguish does not arise out of a personal injury or sickness, then you must include the proceeds in your income. Here is what the IRS states on this issue:

If the proceeds you receive for emotional distress or mental anguish do not originate from a personal physical injury or physical sickness, you must include them in your income. However, the amount you must include is reduced by: (1) amounts paid for medical expenses attributable to emotional distress or mental anguish not previously deducted and (2) previously deducted medical expenses for such distress and anguish that did not provide a tax benefit. Attach to your return a statement showing the entire settlement amount less related medical costs not previously deducted and medical costs deducted for which there was no tax benefit. The net taxable amount should be reported as “Other Income.”

Punitive Damages are Taxable

If you receive an actual court award of punitive damages, those proceeds are taxable and should be reported as “Other Income.” This is true even if the award stems from personal injury or sickness.

Recovery of Lost Wages is Taxable

If your personal injury settlement is itemized to include recovery for lost wages, then that portion of the settlement is taxable and should be reported as income. During the negotiation phase, most attorneys are careful to clarify and/or minimize, if not eliminate, any apportionment of the settlement to wages. You would likely also receive a Form 1099 for any recovery attributable to lost wages. [Note: Wages and/or settlements paid in connection with work comp are not taxable.]

Interest on a Settlement is Taxable

What if the other side doesn’t pay my settlement all at once? Will I have to pay taxes on my settlement if they pay me interest? Yes. Interest you are paid on any settlement is taxable as “Interest Income.”

Do I have to tell my CPA or Tax Preparer about my settlement?

We advise that you do, so that he or she can advise you on the most up-to-date reporting requirements applying to your specific settlement.

Injured and seeking legal representation?

Call us at 901-372-5003 or email us here. We handle a wide range of personal injury cases. Our approach to handling cases is what sets our firm apart. While some injury lawyers and firms take on hundreds of cases, and may seem more interested in quickly settling the case than seeking full and fair compensation for their client, we focus on identifying great clients and great relationships.

Victims need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late. We know how to get fair and just results.

Click here to learn more about the work we do.

April 14, 2016 In Civil Litigation, Personal Injury, Uncategorized

Swimming Pool Injury and Drowning Cases in TN

pool injury lawyer, pool injury attorney, drowning victim attorney

Swimming pool injury cases are serious.

One of the most heartbreaking cases I have ever handled involved the accidental drowning death of a teenage boy. The parents of the young drowning victim grappled with death of their son at what started out as a fun swimming party with friends. The owner of the pool and the other party guests felt enormous grief, but at the same time, they did not know what they could have done differently. While the case was eventually settled, everyone involved was devastated, and the effects of the young man’s death were far-reaching. I will never forget the emotions of all of the parties and witnesses involved in that case.

Most people have no idea just how dangerous a swimming pool can be. Drowning and other swimming pool injuries happen quickly and quietly. Look at these statistics from the CDC:

Drowning Statistics

Every day, about 10 people die from drowning.
About 1 in 5 of those are kids 14 and under.
Nearly 80% of drowning victims are male.
Children ages 1-4 have the highest drowning rates. Among children ages 1-4, most drownings occur in home swimming pools.
The drowning rate for African Americans is significantly higher across all ages. The disparity is widest among children ages 5-14.

Pool Drains Can Be Deadly

Drowning isn’t the only swimming pool safety concern. Pool drains can also cause significant injuries and death. In fact, there is federal legislation governing public pool drains because of the serious risk of harm and death. The legislation is known as the Virginia Graeme Baker Pool & Spa Safety Act and it is named after a young girl who drowned after she was trapped under water by suction from a hot tub drain. The suction from the drain was so strong that her mother tried to pull her from the drain but could not. The two men who eventually freed the girl pulled so hard that the drain cover broke from the force. The little girl died from drowning, but the real cause of her death was suction entrapment due to a faulty drain cover.

What to Do After a Swimming Pool Injury or Drowning

If you or a loved one has been injured in a swimming pool or hot tub, you may be entitled to compensation for your damages. Here are some pointers about what to do:

Take photos of the scene. Include the pool, equipment, fencing, gates, toys, surrounding area, etc. It is extremely important to document the scene of the injury or death before the pool owners make any changes.
Write down names, phone numbers, and addresses of any witnesses. If you decide to pursue a claim, your attorney will need to be able to contact and interview witnesses.
Talk with a Swimming Pool Injury Lawyer. An experienced lawyer can examine the facts of a case and advise you of your legal rights and options.

Legal Info on Drowning and Pool Injury Lawsuits

In Tennessee, swimming pool owners have a duty to exercise reasonable care for the safety of persons using or accessing a swimming pool, hot tub, or spa. If a swimming pool owner is negligent, or fails to act with reasonable care, and a person drowns or is injured as a result, the pool owner will be liable for damages.

Every case is unique. Outcomes and liability assessments depend on the specific facts involved. A swimming pool injury lawyer will be able to talk with you about the circumstances under which the injury or drowning occurred and can give you the appropriate legal advice. Some of the factors that will influence the outcome of a Swimming Pool Injury or drowning case are:

Age of the victim
Swimming experience of the victim
How the victim entered the property
How the victim entered the pool
Time frames
Fencing around the property and/or pool
Condition of the pool water, i.e., was it murky or cloudy?
Gates and access mechanisms for entry to backyard or pool area
Characteristics of property, i.e., visibility from public areas, presence of toys.
Safety equipment available
Type of supervision provided
Involvement of alcohol
Type of pool drain and other maintenance equipment
Whether the pool was public or privately owned
Training of lifeguards and other staff
Notice to pool owners of dangers, access problems, or prior trespassing
Local ordinances and codes that apply to swimming pools

Examples of Tennessee Court Cases on Drowning

Case outcomes are dependent on the facts and the proof or lack thereof that is presented in Court by the trial lawyers for the parties. Below are just a couple of examples of Tennessee drowning cases, either one of which might have turned out another way had the facts been slightly different:

Harper v. Elliott (1999). Four year-old boy wandered onto the pool owners’ property and drowned in their pool. The owners had a 46 inch high wrought iron fence with vertical bars surrounding the pool and access was through 2 gates with simple latches. The pool had a diving board and a slide and there were colorful inflatable toys in and around the pool. The subject street was a busy four lane and the child lived a few doors down. He had left his home while his father was away on a job interview and his mother was asleep. There was no evidence of the route the child took, or how he entered the pool area. A police officer speculated that he squeezed between the bars of the fence, took off his clothes, and slid down the slide into the pool. There was no evidence of what the child could have seen from public spaces. The judge said that it was too much to say that the pool owners knew or should have known that children were likely to trespass on their property. In all the years since they built the pool, they had never known of a child coming onto their property uninvited. Also, the street at issue was a busy, four-lane street, making it highly improbable that a child small enough to fail to appreciate the danger of a swimming pool would be wandering alone in the neighborhood. The judge granted summary judgment in favor of the pool owners and the jury never heard the case. Harper v. Elliott, No. 01-A-01-9809-CV00503, 1999 WL 499737, at *1 (Tenn. Ct. App. July 16, 1999).

Toney v. Cunningham (1999). A 19 month-old baby girl drowned while attending a Memorial Day celebration. The child’s grandmother agreed to watch her while the mother worked and took her over to the home of the defendants for a party. The grandmother took the child to one of the bedrooms in the home for a nap and then went outside to watch some other guests play tennis. On 2-3 occasions, the grandmother checked on the child, each time finding that she was asleep. During the tennis match, a ball was hit over the fence. A party guest attempted to retrieve the ball and saw the child floating face down in the swimming pool. The child’s mother filed a wrongful death suit against the pool owners. The court granted summary judgment to the pool owners because it did not think that, under the facts of the case, that the particular injury experienced by the baby was foreseeable to the pool owners. This was because at the time of the accident, the baby was under the supervision of her grandmother. Additionally, the pool owners and several guests were on or near the tennis court when the accident occurred. From the tennis court, the swimming pool is easily visible. It was unlikely that the baby would open the back door, walk to the swimming pool, and fall in without being seen or heard. Also, the pool owners knew that the baby was in the care of her grandmother and had every right to believe and expect that the grandmother would supervise the child. Balancing the factors, the court granted summary judgment in favor of the owners, meaning the case was never heard by a jury. Toney v. Cunningham, No. 02A01-9801-CV-00005, 1999 WL 188291, at *5-6 (Tenn. Ct. App. Apr. 6, 1999).

We Handle Swimming Pool Injury and Drowning Lawsuits

We represent pool injury victims and the families of those who have lost loved ones due to accidental drowning. If you need a Swimming Pool Injury Lawyer or an Accidental Drowning Lawyer in the Memphis or Nashville area, please call us at 901-372-5003 or email us here. Our work is personal. Our clients become family. Either I or one of our other experienced attorneys will meet with you and provide a free consultation. We will examine the facts of your case and advise you on your legal rights and options.

By: Erin Melton Shea

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.pattersonbray.com

March 24, 2016 In Auto Accident, Civil Litigation, Personal Injury, Uncategorized

Injured by a Drunk Driver?

drunk driver personal injury lawyer

The Sad Truth About Drunk Driving

Chances are, you either have been or will be the victim of a drunk driver in your lifetime. We know that intoxicated drivers cause personal injuries and deaths every day, but they also cause property damage. Even if you are not injured, your property may be. For example, drunk drivers often cause damage to other cars, houses, businesses, guardrails, signs, yards, and landscaping.

Drunk Driving Statistics

What are the odds that you have been or will be affected by a drunk or intoxicated driver? Take a look at these harrowing statistics:

Every 2 minutes, a person is injured in a drunk driving crash.
On average, 2 in 3 people will be involved in a drunk driving crash in their lifetime.
The rate of drunk driving is highest among 26-29 year olds at 20.7%.
In 2014, 9,967 people died in drunk driving crashes. That’s one every 53 minutes. Another 290,000 were injured in drunk driving crashes.
Drunk driving costs the U.S. $132 Billion a year.
In 2010, drunk driving alone accounted for 18% of the total economic loss from motor vehicle crashes, costing the economy as much as $199 billion in direct and quality-of-life losses.

What does Drunk or “Intoxicated” Mean?

Tennessee law provides that a person is intoxicated when his or her physical and mental abilities are impaired as a result of drinking or drug use. The impairment must be to the extent that the person can’t act with ordinary and reasonable care like a sober person would under similar circumstances.

Can a Drunk Driver or Person Be Negligent?

Yes! A drunk person is held to the same standard as a sober person. Being intoxicated is no excuse for failure to act as a reasonably careful person.

We Represent Victims of Drunk Driving.

As a victim, you need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late. We are victim attorneys and we represent people who have been injured or damaged by drunk or intoxicated drivers. If you need help, we have offices in Memphis and Nashville Tennessee. Please call us at 901-372-5003 or email us here.

March 17, 2016 In Civil Litigation, Personal Injury

Waivers and Releases Do Not Eliminate Liability for Gross Negligence: Ask the Injury Lawyer

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Tennessee Law on Contracting Away Liability

Chances are you’ve signed a Waiver or Release of Liability. Maybe you were going whitewater rafting or visited an indoor trampoline or “bouncy house” park. Businesses providing recreational activities generally require you to sign a form with lots of fine print before you can participate. These forms generally absolve the business of liability if you get hurt. Is that legal? Yes. But there’s one thing to remember: In Tennessee, a person or business cannot contract away liability for “gross negligence.” That’s why you need to consult with a personal injury lawyer if you are injured, but someone tells you they’re not responsible because you signed a Release or Waiver.

Tennessee law allows people to enter into contracts that say that ABC will not be liable and that XYZ is “assuming the risk,” including the risk that ABC might commit negligence. However, the law says that such a contract will not protect ABC if ABC is guilty of gross negligence. Buckner v. Varner, 793 S.W.2d 939, 941 (Tenn. Ct. App.1990).

What is Gross Negligence?

What is gross negligence and how is it different from regular negligence? Regular negligence is the failure to use ordinary or reasonable care. Gross negligence involves a higher degree of “bad” conduct and callous indifference to consequences. That’s why Tennessee law won’t allow people to contract away liability for gross negligence. However, it’s harder to prove that someone committed gross negligence. You have to show:

The person committed ordinary negligence, and
The person acted “with utter unconcern for the safety of others, or … with such a reckless disregard for the rights of others that a conscious indifference to consequences is implied . . .” Leatherwood Wadley, 121 S.W.3d 682, 693–94 (Tenn. Ct. App.2003).

Consult with an Injury Lawyer

If you are injured or hurt while participating in a recreational activity, you should consult with a personal injury lawyer. Don’t automatically assume that you can’t recover because you signed a Release or Waiver. A personal injury lawyer can examine the language of any form you signed and can advise you whether you might have a claim.

Need an Injury Lawyer? We can help.

Call Patterson Bray at (901) 372-5003 or email us here. Visit our website to learn more about us and our work. Offices in Memphis and Nashville.

March 1, 2016 In Auto Accident, Civil Litigation, Personal Injury

Texting and Walking? Advice from a Personal Injury Lawyer

texting and walking personal injury lawyer

Texting and Walking: Advice from a Personal Injury Lawyer

Do you walk and text? If you are like most people, you probably do. This personal injury lawyer advises you to stop! While we know that texting and driving is dangerous and has been banned in Tennessee, research also shows that pedestrians who are distracted with their phones are more likely to be hit by a vehicle. According to one analyst, the number of pedestrian injuries due to cell phone use tripled over a a 7 year period (2004-2010), and the numbers continue to rise.

What if a Car Hits Me But I was Texting While Walking?

Call a personal injury lawyer. If you were walking and texting when you were hit, the driver’s insurance company will probably say you were at fault, but that is not necessarily always the case. You should still speak with a personal injury lawyer about the specific facts of your case. In Tennessee, we have what is called “Comparative Fault.” That means you may be able to recover for your injuries, even if you bear some portion of the fault, as long as your fault isn’t equal to or greater than the driver’s fault. You need a good personal injury lawyer who can sort through the facts and determine whether you are entitled to recovery.

(1) Don’t text and walk. If you are injured, it could reduce or even eliminate any damages you would have otherwise been entitled to.

(2) If you are injured while texting and walking, don’t automatically assume you are at fault. Call an injury lawyer to make sure.

Call Patterson Bray. We Can Help.

When you need a lawyer, call Patterson Bray. Contact us at 901-372-5003 or email us here. We take cases throughout Tennessee and Mississippi, including Memphis, Shelby County, Bartlett, Germantown, and Cordova.