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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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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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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.

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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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The good people over at the Commercial Appeal today had an interesting article that states actor Morgan Freeman is being sued by Demaris Meyers. She was the passenger in the car Mr. Freeman wrecked in Mississippi back in August of 2008.

Ms. Meyers is claiming that the accident caused "serious and disabling injuries", including head trauma, a broken wrist, bruises and lacerations. And that on the night of the wreck Mr. Freeman was drinking. However, it is not stated that Mr. Freeman was intoxicated.

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No one ever wants to be involved in a car wreck or a lawsuit. Thankfully there are many, many ways to reduce the chances of major car or truck collision.

Here are our Top Five Tips to Avoid a Serious Collision in the greater Memphis and Midsouth area:

 1. Pay Attention: In this time of deadline-driven, time-sensitive living, it is not at all uncommon to be answering a cell phone, rummaging through a purse, eating a sandwich, or even putting on makeup while driving. Try to eliminate your distractions so that you are more aware of your surroundings as you navigate the roadways.

2. Don’t Speed: We all admit to driving over the speed limit on occasion, whether it be 5 mph over on a side road or 10 mph over on the freeway. These extra miles add up, though – if you consider that they not only decrease your possible reaction time in a crash but also increase the stored energy that has to be released in an impact, it may make it worth it to slow down a bit and get to your destination safely.

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There aren't many things in this world as grievous and sad as when a life taken away from someone prematurely and at a  young age. When these events occur families are decimated and left with nothing but questions, sadness and sometimes anger.

It is with extreme sadness that we offer our condolences to the family of Randy Jones, 16, of Olive Branch, Mississippi. Randy passed away yesterday morning as the result of a collision between his SUV and an 18-wheeler tractor trailer on Goodman Road. Randy was a Junior at Olive Branch High School and leaves his mother, father, sister and brother.

I can not imagine the pain that his family is going through. As a father, husband, brother and son I would be devastated if anything were to occur to my daughter, wife, siblings or parents. I'm an injury attorney and do work on wrongful death cases, but no matter what I do for my clients it will never compensate for what's been lost. There is nothing as heartbreaking as this type of case. Their son and brother will never return and no amount of dollars will ever compensate for that, no matter how high an amount it might be.

There are no second chances in these type of accidents. No re-dos or do-overs. Both the driver of the truck, Robert Newman of Paragould, Arkansas, and the family of Randy Jones wish there could be. One will likely be left with regret for as long as they live and the other a giant hole missing from their heart.

Please feel free to leave any comments.

Information about the site of the accident:

Goodman Road, between Hacks Cross and Center Hill, is widely known to be a dangerous section of road. With a high speed limit of 65 mph and a lot of school traffic, this stretch saw yesterday the second auto-related death of a Mississippi teenager in recent months. Many local citizens are concerned about the frequent involvement in these incidents of tractor trailers that seem to not care at all for the smaller drivers on the road.

We encourage you to maintain a defensive driving stance while on this section of road or any road in Memphis or Northern Mississippi. If you are involved in an incident where a tractor trailer or other vehicle clearly violates the rights of the road in causing a collision, especially if the accident causes an injury, please do not hesitate to contact an attorney for advice.
 

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Wow, for the second time in less than six months a casino bus in Tunica, Mississippi has been involved in a crash with another vehicle.

According to the report from WREG here in Memphis nine out of the fifteen passengers who were riding in a casino bus on Highway 61 in Tunica county were injured when their bus collided with a car. The accident occured in the middle of the day on Sunday.

Who is at fault here? It's hard to say for sure without knowing any facts but I can tell you that when the casino takes on the responsibility of transporting customers they take on liability regarding anything that happens to them while on the bus. And if the driver of the other car that was involved in the accident was negligent and at fault then they would be responsible as well.

Was the crash caused by someone who wasn't paying attention? Were they talking on the phone, text messaging someone or playing with their radio? We may never know. But what we do know is that now nine passengers on the bus have been hurt as well as the driver of the car and the passenger in the car. A total of eleven people have had their lives changes in a matter of seconds.

Rember when you're driving always pay attention to your surroundings. In this case obviously someone was asleep-at-the-wheel and now serious injuries have occurred. Don't let this happen to you.

But if you have been seriously injured in a car wreck call the Ferrell Law Firm to find out the steps you should take to protect yourself. Or order my book "7 Deadly Mistakes That Can Kill Your Memphis Accident Case" free by calling or ordering online here.

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I try to help answer as many legal questions about personal injury, wrongful death, and car accidents as I can. And I welcome all of you who are faithful readers to send me your questions either by email at contact@lawferrell.com or by replying to any of my posts here on this blog.

In the Q&A section of the blog are some initial questions many clients have when they first contact the Ferrell Law Firm. The answeres to the questions may help you with many of your initial concerns. And, as always, if you don't see a question on the blog that you need immediate help with please call our offices. The consultation is free.

Q: How much is my accident or injury case worth?

A: There is no sure-fire or exact formula or process by which a lawyer can predict with absolute certainty the amount of money a person will receive, especially where damages are awarded for 'pain and suffering' and 'loss of enjoyment of life.'

However, my office will usually have a pretty good idea of what a reasonable settlement range might be after you receive medical attention and have stabilized. We rely on factors such as the of your injuries, whether or not they are permanent, the effect your injuries have had on your life, the amount and duration of your medical treatment, prior jury verdicts and/or arbitration awards received for similar injuries and my experience.

Ultimately, the value of any given case is determined by the jury's verdict after a trial on the merits. I have written an entire chapter in my book "7 Deadly Mistakes That Can KILL Your Memphis Accident Case" on how to determine the value of a claim. To learn more Request my Free book today!
 

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The Shelby County Sheriff's department is reporting that there has been a major crash today on I-40 west coming into Memphis from Nashville/Jackson.

Apparently a Shelby County Sheriff's deputy pulled a car over on I-40 and was in the process of issuing a ticket when other cars slowed down in order to safely avoid the police officer and the pulled over car. A Pontiac Grand Prix that had slowed down was hit from behind by a large tractor-trailer that was obviously not paying attention, driving too close or going too fast (or combination of all of these). The end result was that the three passengers in the grand prix were injured. Sadly this included a three-year old who had to be airlifted by helicopter to Le Bonheur Children's Hospital.

I-40 is an extremely dangerous section of interstate. Just this past fall I was returning from Knoxville with family and friends when I was run off the road and into the median by an 18-wheeler that was not paying attention while they were driving. Luckily for me and my family no-one was injured. However, that was the third time I had been driven off the road on this stretch of interstate in less than two years.

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1. PULLOVER RIGHT AWAY: If you can, move your car off the street or to the side of the road. Not stopping after an accident could case you to be guilty of the criminal offense of leaving the scene of an accident or hit and run.

2. E-911: If anyone is hurt, call 911 right away and ask for the police and an ambulance if needed.

3. PHOTOS, PHOTOS, PHOTOS: Take LOTS of pictures of the scene of the accident, the damage done to any cars or trucks, and of any injuries you might have. (see my previous post about phots here.)

4. NEVER ADMIT FAULT: Do not tell anyone that you were at fault. Often times you are in a state of shock and might not be aware of what really occurred.

5. GET THE OTHER DRIVER 'S INFORMATION: Exchange all of the following information with the other driver involved in the wreck, name, address, phone number, driver's license, vehicle year, make, model, color, and license plate number, and insurance information, including company, policy number, effective dates of policy, and telephone number.

6. SEE IF THERE WERE ANY WITNESS' AND GET THEIR INFORMATION: Get their name, address, and telephone number. Make sure you do this for each witness.

7. TELL THE POLICE OFFICER ABOUT YOUR INJURIES: If you are hurt, tell the police officer. The record of your injuries will be put in the investigating officer's report. If you don't mention to the police officer that you were injured, the insurance adjuster who will ultimately evaluate your claim might not believe that you were really hurt in the accident.

8. GET IMMEDIATE MEDICAL TREATMENT: If you are hurt get medical treatment right away. Go to the nearest emergency room or to your personal doctor. An injury, if left untreated, may become substantially worse. If you don't seek treatment or delay getting medical treatment, an insurance adjuster may suspect that you are not genuinely injured and discount your claim.

9. CALL YOUR INSURANCE COMPANY: Tell your insurance company about the wreck but do not talk to the other driver's insurance company or any adjuster. Usually a claims adjuster for the other driver will be assigned to your claim before you get a lawyer. This usually happens within a day or two of the accident. The adjuster will request permission to take a recorded or written statement (and even if he doesn't request it you can bet he's probably recording your conversation). If you are considering hiring a Tennessee or Mississippi personal injury lawyer, you shouldn't give a statement any insurance adjuster for the other driver. Anything you say can seriously jeopardize  your case without you even knowing it. Just tell the adjuster that you have decided to hire an attorney, and instruct him or her to refer all further questions to your attorney.

10. CALL A MISSISSIPPI OR TENNESSEE PERSONAL INJURY LAWYER : If you are seriously injured don't try to settle your own claim. A good Memphis, Tennessee or Mississippi personal injury attorney will generally be able to get much more money for you than you will be offered in settlement by an insurance adjuster, even when you take into account attorney's fees. If you do choose to accept a settlement for your injury without hiring a lawyer, you may receive a settlement that doesn't adequately pay you for permanent injuries and damages. If you're not sure whether to settle, talk to a lawyer who handles personal injury cases.

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When I woke up this morning to see freezing rain falling across Memphis I knew it was going to be a bad day for a lot of people driving here in Tennessee and Mississippi.

Reports this morning already show car accidents and wrecks on the following roads, highways and interstates:

• I55
• I240
• Bill Morris Parkway (aka Nonconnah Boulevard)
• Poplar Avenue
• Goodman Road
• Highway 78
• Mount Moriah
• Austin Peay Highway
• Hollywood Avenue
• Jackson Avenue
• Summer Avenue
• Sam Cooper
• Whitten Road
• Germantown Parkway
• Walnut Grove Road
• all the Parkways
• Humphreys Boulevard (aka Wolf River Boulevard)
• Houston Levee Road
• Lamar Avenue
• Park Avenue
• and too many more to list today

For you who live here in Memphis you know that this means pretty much every road in Memphis had some kind of car wreck, fender bender or accident on it. When the streets and highways get icy here in Memphis drivers simply don't know what to do. And many times the people who get involved in these wrecks get involved because the driver who was in front of them lost control of their vehicle.

What happens next is that the driver who was behind the original car that lost control isn't able to stop in time and hits the back of the other drivers vehicle. In this scenario the driver who rear ended the other driver would actually be at fault for any damages he caused to the other driver. It doesn't matter that he didn't originally start the chain reaction that ended in the accident. So when you're out driving in bad weather remember, always stay a safe distance from the driver in front of you. You never know what that driver will do. And you need to be able to stop in the event he causes a wreck.

Jami Ferrell and Chris Johnson with the Ferrell Law Firm  represent car accident victims who are in similar circumstances. If you would like to find out more about these types of accidents, injuries, insurance claims, etc., visit our car accident practice area page. Or call our Mississippi or Tennessee offices.