Tennessee Dog Bite: Animals Had Previous History of Running Loose


It’s one of the most high profile dog bite attack cases that Memphis dog bite attorneys have seen in recent times. A Cordova woman was attacked by a pack of three pit bulls last Thursday as she was taking her morning walk with her son’s dog. The brutality of the attack and the owner’s previous record of letting his dogs run loose, have sparked an uproar in the community.

The three pit bulls apparently ran out from a nearby house, and attacked the victim, Helen Marshall’s husky. When Marshall tried to save her dog from the attack, the pit bulls turned on her. When help finally arrived, the 62-year-old woman was lying on the ground with several bite marks on her hand and arms. The dogs have been taken to the Memphis Animal Shelter.  Marshall is still being treated for her injuries that include more than 50 bite wounds on her hands and arms.

As a Tennessee dog bite attorney, I know for a fact that those kinds of bites can be painful for a young adult to bear, and must have been especially traumatic for the 62-year-old woman who. According to Marshall’s husband, who is a school teacher, his wife’s hands are still badly injured from the attack, and she might not be able to return to her job as a data processor soon. To add to their worries, her medical bills are piling up.

The owner of the dog, Andre Robinson has been arrested, and this week, a judge lowered his $500,000 bond. Robinson’s neighbors say that the three dogs have been a menace ever since he moved to the area about a year ago. The Shelby County Sheriff’s Office has confirmed that there have been at least two calls about these dogs running loose. In fact, Robinson seems to have a maverick attitude towards dog ownership. His former neighbors also say that they had problems with his dogs running loose.

As a Memphis dog bite lawyer, I sometimes find that whenever there is a dog bite attack case like this one, there is passionate debate involving the keeping of certain breeds of dogs that are seen to be more aggressive, like Rottweilers and pit bulls. Unfortunately, I see that these aggressive breeds are often reared by people, who have little appreciation for the extra effort and care that goes into raising these dogs. The results are tragic not just for the victims of these attacks, but also for the dogs, who may have to be put down after an attack. 


Are Tennessee Drivers at Risk of Uncontrolled-Acceleration Accidents Involving Toyota Vehicles?

As a Memphis personal injury lawyer, I have been following the recent recall of Toyota vehicles, as well as the controversy over the uncontrolled acceleration of several of its models, with great concern. Toyota is the largest automaker in the world, and thousands of Tennessee motorists drive these vehicles.

It does not appear that the massive recall of Toyota vehicles announced earlier this month completely addresses the problem of uncontrolled acceleration. A little background:

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Tennessee Teens at Risk for Accidents After Schools Cut Back on Driver Education

The economic downturn has had school districts in Memphis and around Tennessee implementing budget cuts, and limiting essential school programs. As a Memphis personal injury lawyer, I am concerned that one such cut could place teens in the state at an increased risk of accidents. 

Several schools in Knox County, Tennessee have cut down driving education programs, while some have eliminated driving education completely. According to Knox News, this means that several students will not be able to access driving education classes at school. Last year, a driving education teacher from a Knox County school conducted a study on students from the 2009 graduating class. The study found that out of 422 seniors between 16 or 19 years of age, 35 percent who had received driver education classes had been involved in an accident, while among those who had not taken driving education classes, the accident rate was 45 percent. Also, among those who took driving education classes, only 0.9 percent were involved in more than one accident, while among those who had no access to driver training, the rate of multiple accidents was 14.3 percent.

 

 

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Three People Injured in Tractor Trailer Accident in Greene County Tennessee

Three people were injured on Sunday in an accident involving a tractor trailer, a truck and a Tennessee Highway Patrol cruiser.

According to news reports, the truck was involved in installing reflectors on interstate 81 in Greene County, when a tractor trailer crashed into it. The truck was pushed into the cruiser nearby, leaving a trooper injured.  The tractor trailer then went off the roadway and fell into a ravine.  While one of the occupants of the big rig managed to crawl out through the sleeping compartment, the driver was trapped, and had to be extricated by emergency rescue personnel. Both the occupants of the tractor trailer were also injured. Tennessee Highway Patrol is investigating the accident.

It’s extremely fortunate that there were no fatalities in this accident. Collisions involving an 18-wheeler can quickly trigger off other accidents in the vicinity, and typically involve serious injuries and fatalities. We are talking about a collision with a massive piece of machinery that can weigh up to 80,000 pounds. The kind of force generated when a vehicle of that bulk crashes into a much smaller vehicle, can be strong enough to cause catastrophic injuries.

 

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Fatal Accident in Memphis Puts Spotlight on Teen Motorists

Last week, hundreds of Memphis students turned out to pay their respects to a teenager who was killed in a multi-vehicle accident. 14-year-old Walnut Grove-resident Meredith Fox was killed last Tuesday when the car she was riding in crashed on the Walnut Grove-Humphrey's flyover. According to news reports, the Isuzu Trooper struck a curb, and ended up flipping over. Another passenger continues to be hospitalized with serious injuries, while the 17-year-old driver sustained minor injuries.

Predictably, the accident has turned attention to teen motorists. According to the Centers for Disease Control and Prevention,

 

  • Motor vehicle accidents are the number one cause of death for teenagers. Sixteen-year-old teen drivers have a three times higher chance of dying in automobile accidents than other motorists.
  • Teen drivers aged between 16 and 19 have the highest crash risk of any motorist on the roads.
  • Teens also have some of the worst driving behaviors, including low rates of seat belt use, and high rates of distraction from passengers.

Teen safety on the roads has also influenced the Ford Motor Company. The automaker announced earlier this month that its MyKey safety feature, which helps parents restrict and control their teen's driving, will be standard on a number of models, including the Taurus. MyKey helps parents set maximum speed limits for their children, shuts down the ignition system when teen motorists and front seat passengers are not buckled up, and offers a host of other safety features 

Whether MyKey will impact teen accident rates remains to be seen. 

 

As a Memphis personal injury lawyer however, I believe that no technology can take the place of the right driver education for teen motorists. We send too many young, brash and inexperienced drivers out on the road, without the right kind of skill sets to handle real-life driving situations. Driver education programs in Tennessee could do with stronger and more aggressive reinforcement of safety messages for these vulnerable motorists. Ultimately, that is what will prevent accidents, and create a generation of smart and informed motorists in Memphis, and around Tennessee.

Don't expect the truth from an insurance company if you've been in car wreck!

We recently had a potential client come into our office. This client was hurt in a car wreck in  when she was stopped at a stop sign the other driver plowed into her from behind at a high rate of speed. Let's call her Client A.

Client A decided that she would try to settle the case on her own. She contacted the other driver's insurance company and began to work with them to settle the case. Over the course of several months of negotiations the insurance company kept telling her they would settle "next week". However "next week" always came and went without anything ever happening.

The truth of the matter is that the insurance company didn't want to settle. They are in the business of making money. And the less money they pay to settle claims, or even never settle claims, the more profit they can put in their pockets.

Eventually Client A became concerned. As the statute of limitations was soon expiring on her case she came to our firm. Luckily she did this in time and we were able to preserve her case.

In Client A's case the insurance company almost won. Their tactic of delay, delay, delay almost cost Client A by letting the statue of limitations expire. If that would have happened then Client A would not be able to recover anything.

Always remember this, the insurance companies are NOT looking out for your best interest. The only thing they are concerned about is their bottom line. If you are tackling an accident or injury case on your own be very aware of what is going on. And always understand when your potential case will expire!

 If you've been hurt in a car wreck here in Memphis and need a lawyer visit our memphis personal injury lawyer site here.

Tennessee Legislature denies bill that would have capped amount in Nursing home abuse lawsuits

Last week Commercial Appeal columnist Richard Locker wrote about a bill that just died in the Tennessee House of Representatives – a bill meant to limit the amount of damages one could seek from nursing homes in liability lawsuits. The bill was meant to cap two kinds of losses: “noneconomic” (meaning pain, suffering, etc.) and punitive damages. Noneconomic losses would have been capped at $300,000, while punitive damages would have been capped on a sliding scale from $300,000 to $1.5 million.

We have to agree with the AARP argument in this case – if you cap the amounts that these nursing homes can pay out, you are likely to decrease the quality of care they will provide. If they know they can get away with a sub-standard basis of care and only be liable for paying out a limited specified amount, they will probably push the limits on how poorly they can perform before paying out limited monies in liability lawsuits. In fact, the article states that in a study run on states that have capped payouts, the overall quality of health care has declined measurably. On the other hand, states that have enacted quality standards have seen lawsuits decrease. 

Because the bill did not move forward as the result of a tied vote, it could come back up as a possibility next year. What do you think Tennessee should do – move to cap payouts, or move to enact quality standards?

What Makes a Great Memphis Trial Lawyer?

 As many of you may well know there has been a very well publicized feud between two Memphis area personal injury lawyers. The subject of the feud is whether or not Corey B. Trotz should be classified as as Top "100" Trial Lawyer. Another Memphis accident and personal injury lawyer is calling Mr. Trotz a great businessman, but not such a great trial attorney.

My friend Jonathon Stein wrote a great post on his California Person Injury and Insurance Blog about the feud. He did such a great job summing up the situation that I'm going to leave it up to his post to express my feelings. 

"What Makes A Great Trial Lawyer"

This is always a fascinating argument. Here is the debate out of Memphis, TN from my friend James Ferrell.

This is simple from my perspective. First, if you want to call yourself a trial attorney, you need to try cases. That is what people think of when they think of trial attorneys. They think of an attorney who is in court.

Second, if you are looking to hire an attorney, you want a trial attorney. Why? Because that person will get more respect from the insurance companies. They know that an attorney who tries these cases will cost them more money. And they know they can, and often do, lose. Additionally, the insurance company knows that they do not have to make a fair offer to an attorney who does not try cases because there is no downside to them. They know he will settle the case at some point.

A trial attorney: someone who actually tries cases. And that is who you want on your side if you have been involved in a car accident.  

"TV and billboard lawyers" -- most personal injury law firms on TV and billboard ads lack solid professional track records

Although Ken Shigley is a practicing attorney in Atlanta and isn't a Memphis personal injury or accident lawyer I wanted to share his latest blog post with all of my readers. Ken has written an exceptional post concerning "billboard" and "tv lawyers". Even though he is writing about Atlanta, the same thing rings true here in Memphis, Tennessee and Northern Mississppi.

As a serious personal injury attorney in Atlanta, Georgia, I am frankly embarrassed by the inundation of billboards and TV ads for personal injury lawyers who have little respect within the profession and seldom if ever set foot in a courtroom. 

If you or a loved one has a serious injury or wrongful death case, you would do better throwing a dart at the attorneys section of the phone book than choosing a lawyer on the basis of a billboard or a 30 second TV ad. At least you would have a chance of getting to a decent, honest attorney who would know how to identify a specialist for an appropriate referral, rather than a "mill" that focuses on volume and accepts low offers rather than doing the hard work of litigation.

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Have you tried to settle your own car wreck or injury claim?

Does this sound familiar? Probably so if you tried to settle your own Tennessee or Mississippi accident or injury case.

I had a phone call today from someone who was injured in a car wreck here in Memphis back in November, let’s call her Lady A. She had been injured in a car wreck which was no fault of her own and the at-fault driver did not have any insurance. When Lady A attempted to recover for the damages done to her vehicle, medical bills and lost wages her insurance company, which she pays monthly premiums to, only offered to pay her a small percentage of these costs.

What should Lady A do?

Luckily Lady A had ordered my book “7 Deadly Mistakes That Can KILL Your Memphis Accident Case” and read it. She knew that she needed to get tougher with the insurance adjuster if she wanted to handle the claim on her own. When she called my office I gave her a few other tips to help her collect the most that she can for her injuries. Hopefully she’ll get the money she is owed and will be able to handle her case. However, adjusters can be very tough to deal with and very aggressive. She asked me if I would agree to accept her case if she wasn’t able to reach a successful settlement on her own. I’m betting that I’ll be getting a call within the next week to help her handle this “smooth talking” adjuster.

Lady A’s case is similar to what a lot of my clients go through. They originally try to handle their car wreck or injury claim on their own, only to be frustrated by adjusters who are only there to make a profit for their company and not to help an injured client. At that point they turn to a good injury or accident lawyer here in Memphis to help them with their case. As attorneys who deal with insurance companies and adjusters on a daily basis, we can help you get what’s owed. Without all of the hassle of doing it on your own.

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