Memphis Injury Law Blog : Memphis Personal Injury Lawyer & Attorney : James Ferrell Law Firm : Tennessee, Mississippi

This month, Toyota announced it would recall 3.8 million of its vehicles from the US market because of floor mat installation issues that could contribute to uncontrolled acceleration. The floor mats may cause the accelerator to be jammed, leading to unintended acceleration. Such acceleration has already been blamed for the death of a family in California, when their Toyota Lexus accelerated without warning, and crashed. 911 calls from an occupant in the car suggest that the gas pedal was stuck, and the brakes had failed. Then came the recall, and even an apology for the four deaths from the president of Toyota Motor Co.

However, Tennessee residents who have experienced uncontrolled acceleration in their Toyota cars are not buying the floor mat story. An investigation by Channel 4 shows that there are several motorists in Tennessee who have complained that their Toyota pickups accelerated suddenly and without warning. Dover-resident Frank Visconi is one such victim whose 2007 Tacoma accelerated suddenly, and crashed.

The NHTSA had earlier investigated Toyota vehicles for any mechanical defects responsible for these sudden accelerations. It has investigated at least 102 cases involving Toyota vehicles, including the Tacoma, but ultimately ruled that it could find no mechanical defect.  The agency seems to blame the problem squarely on the floor mats.

However, there have been instances in which Toyota vehicles without the floor mats, have also experienced an unintended acceleration. Product liability lawyers, who are investigating accidents involving Toyota vehicles, believe that Toyota's electronic throttle control system contributes to uncontrolled acceleration. That and not the floor mats, they believe, is the main cause for these incidents. Toyota continues to deny that there is any mechanical fault contributing to these accidents.

I hope the NHTSA will consider undertaking another investigation of the problem to rule out the possibility of a serious mechanical defect. Millions of cars owners around the country and thousands in Tennessee continue to be at risk from driving these cars.

James Ferrell is a Memphis personal injury lawyer representing injured victims of automobile accidents in Memphis and around the state of Tennessee.

According to AAA East Tennessee, for every teen motorist killed in an accident, there are at least two other people who are killed. Such statistics stress the importance of a formal driver education program for teen motorists in Memphis and elsewhere in Tennessee.

Last month, another related study conducted by researchers at the Children's Hospital of Philadelphia found that parents have a huge role to play in preventing accidents involving teen motorists. The study found that teenagers who owned their cars had a higher accident risk than teens who had to share their car. The difference in accident rates was significant. Among motorists who had their own cars, the accident rate was 25 percent, while among teen motorists who had to share their car with others, the accident rate was just 10 percent.

That’s not all. Teenagers whose parents were involved in their driving behavior, and set clear and strict rules for their children, were at a lower risk of accidents. These teen motorists had a 71 percent lesser chance of drunk driving, and a 30 percent lesser change of cell phone use while driving.

The Philadelphia study underscores what Memphis auto accident lawyers have believed all along. There is only so much that law enforcement officials and schools can do to install safe driving practices. Parents must play their part in educating teen drivers.

The most important lesson you could teach your teen motorist is that driving is not a right, but a privilege that comes with a set of duties and responsibilities. Now, with school districts in Tennessee cutting down on driver education classes in a bad economy, it’s even more imperative that parents step up and educate their children about safe driving practices and accident prevention.

3. Wear Your Seatbelt: It may not be “cool” for your teenager to wear it, but explain to them that the car they’re driving has a very specific mechanism to protect them in case of an accident, and that the seatbelt is a hugely important part of that mechanism. It keeps them snug in the safe zone as the car crumples around them.

4. Communicate While You Drive: Use your signals, make gradual lane transitions, take your time to brake, and leave yourself plenty of room for any moves you want to make. If you and others make an effort to keep the other drivers informed, there will be fewer instances of miscommunication on the road.

5. Keep Space and Pace: Give yourself room between the car in front of you and your front bumper – tailgaters aren’t just annoying, they’re dangerous. And by maintaining a regular driving pace (try not to speed up here, slow down there, zip around this car or that car) you’re creating a predictability that lets other drivers know you won’t suddenly dart over in front of them. Finally, give those trying to merge some space; that two-second delay won’t hurt your commute, and may even save a life.

Remember, you are not alone on the road when you’re alone in your car. Don’t let yourself get caught up in a spilled drink or sending a text back to a friend – you can’t forget that you’re piloting a two-ton vehicle, an effort that requires skill, concentration, and attention. No matter the size of your car or truck, be mindful of others so that you can avoid being involved in a Memphis car wreck or lawsuit!

If you have been involved in an accident and don't know what to do order my FREE book at www.MemphisAccidentBook.com or call anytime to speak to one of our Memphis personal injury lawyers.

My sympathy and prayers go out to the family of the three-year old. My daughter is three and I know it would devastate me if anything happened to her. Everyone reading my blog tonight, I ask that you keep this family in your prayers as well.

Remember, when you're driving ALWAYS be a defensive driver. You never know what the person next to you is going to do. It seems that the driver of the 18-wheeler was clearly negligent and his negligence is hurting a family tonight. Even if this family hires an attorney and collects because of the drivers negligence, I'm sure that they'd much rather have their child at home and injury free instead of any money they will surely receive.

Mr. Newdorf practices as a defendant’s attorney for personal injury cases and these questions were posted on Mr. Newdorf’s blog to help defendant’s attorneys in questioning plaintiffs who have an car accident or personal injury claim pending against their client. Now here at the Ferrell Law Firm we are Plaintiff's attorneys who help the injured, but because these questions are a good example of what you might be asked if you have been hurt or injured in a Memphis car wreck or accident I think they are helpful for my personal injury clients to see.

• “When did you first realize there was going to be an accident? Tell me how you knew an accident was about to happen.”  This is a good opening question to set the stage.

For trip-and-falls:

• “How did the accident happen?  What happened with your foot?  Did you trip?  Did you slip?  Did your foot catch?  Did some part of your body twist?”
• “Was there any foreign substance or article on the surface where you fell?  Was there anything unusual about the surface where you fell?”
• “How did you land?  On what part of your body?  Were you face up or face down?  Which direction was your head pointed?  Which direction were your feet pointed?”

For car accidents:

• “What did you hear right before the accident?”  If the police report, photos or accident reconstruction report shows skid marks left by any vehicle that would produce a loud, shrill noise that could be heard for blocks around.
• “Describe how your body moved during the accident.”  A detailed verbal description and/or the videotape of the deposition (if used) will be useful to a retained medical doctor, chiropractor, biomechanics expert or accident reconstructionist.  Sometimes the plaintiff’s description may contradict the laws of physics (such as when plaintiff says he fell backwards following a sudden bus stop) or be inconsistent with other evidence.
• “What parts of your body made contact with what parts of the interior of the vehicle (or sidewalk or floor)?”  You want to compare the purported points of impact with the medical evidence of the location of cuts or bruises.
• “When did you start to hurt?”
• “Did you have any swelling?  Where?  When did that occur?”
• “Did you have any cuts, bruises or scrapes?  Where? When did those become visible?”
• “Did anyone take any photographs at the location of the accident?  Who?  When?  When did you see these photographs?” 
• “Did anyone take photographs of your injuries?”  Ideally, you should have obtained these photos in response to document demands before the deposition.  Sometimes the plaintiff’s lawyer hasn’t done his or her job in gathering responsive documents, so you should always ask the plaintiff.
• “When did you first seek any medical treatment?  How did you get there?”  I’m always amazed how many accident victims call a lawyer before a doctor.  And there was the bus fall-on-board case I defended once where the plaintiff stood up, announced he had changed his mind and “wanted to get paid,” and laid back down on the floor to wait for the paramedics.  Meanwhile, he got out his cell phone and started calling law firms.
• “How did you find your doctor?”  Often the lawyer has referred the client to a favored treater, who will take a lien on the case instead of payment up front.  Many plaintiffs’ attorneys, however, frown on this practice.
• “How long were you at the doctor’s office for treatment?”
• “Describe your treatment.”
• “When did you last see your doctor?” 
• “Did your doctor prescribe any medication?”
• “Are you currently taking any medication as a result of this accident?”
• “How are you feeling today?”

Mr. Newdorf followed up these question with the following questions, which he states are his “Top 10 Questions Designed To Uncover Dirt” on a plaintiff. Keep on reading if you want to find out more on how the other sides attorneys will be trying to “trip you up”.

•  “Have you ever been arrested?”  (And the follow-up:  “Have you ever been convicted?”)  Opposing counsel may go ballistic on this one, but it is a proper question.  Remember, felony convictions and any convictions for fraud, dishonesty or moral turpitude are generally admissible for impeachment.
• “Have you ever been deposed before?”  I ask this at the beginning of the deposition, as part of the standard admonition, when it sounds like an innocent inquiry related to the ground rules for the depo.  But if the answer is ”yes,” I always follow up later with questions about the prior deposition(s).  I also ask the related questions, “Have you ever testified in court?” and “Have you ever been a plaintiff or a defendant in another lawsuit?”  Prior testimony and lawsuits can be a treasure trove of accusations and impeachment.
• “Have you ever seen the [plaintiff/defendant/employee] before the events related to this lawsuit?”  This question may uncover connections between a supposedly independent witness and the other side.
• “Did you meet with the other side’s counsel before this deposition?”  Pin down the number of meetings, where they occurred and how long they lasted.  This information can help dismantle the claim of independence.
• “Have you signed any written statements/made any recorded statements/spoken to any reporters about the events related to this lawsuit?”  To this list, you might add:  “Have you posted any statements about these events on any internet site?”  Of course, you will have conducted a search engine and, perhaps, database query on the witness as part of your preparation for the deposition, so you’ll know if he or she is lying.
• “Did you read any witness statements or depositions, listen to any recorded statements, look at any diagrams or photographs, or did somebody else read you any statements before the deposition?”  Okay, this is more than one question, but I had to combined them here to meet the 10-question quota imposed by the title of this article.
• “Tell me everything you did to get ready for this deposition.”  The answer can lead you to what the witness or opponent perceives as his or her weak spots, including areas of which you were unaware.  After all, it is only natural to prepare for the hardest questions or topics.  Remember to find out the specific documents reviewed, places visited and persons met with by the witness.
• “Was anyone else present when you met with your lawyer?”  If a third-party was present during the meeting, the witness may have waived the attorney-client privilege.
• “How did you find your attorney [doctor/chiropractor/therapist/expert]?”  This can lead to interesting prior legal issues, lawsuits or self-interest/improper involvement on the part of opposing counsel.
• “Do you have your driver’s license with you?”  If so, ask to see it.  Take down the personal information and, if appropriate, read it into the record.

I apologize for such a long post today. But for those of you who have been injured or hurt, whether it be in Memphis or anywhere in the states of Tennessee or Mississippi, you should know what you’re up against when it comes to your personal injury, accident or wrongful death case. It’s important to have as much information as possible in order to help your lawsuit.

If you have any questions about your personal injury, car accident or wrongful death case call the Ferrell Law Firm today at either our Mississippi or Tennessee office. We’ll help guide you in your recovery and make sure that you receive the proper attention for your case. To read more about personal injury and accident claims and to get a free copy of my book “7 Deadly Mistakes That Can KILL Your Memphis Accident Case” simply click Here.

• JURY SELECTION (This is called Voir Dire by lawyers and judges.)
  • Both sides have an opportunity to try to select the jurors who will decide the outcome of the trial. The judge will introduce himself to the potential jurors and give them basic information regarding what type of trial they will be hearing.  Basic questions will be asked of the jurors by the judge, and those who he deams unqualified to be on the jury will be released from the jury pool. After this the lawyers for each side will be allowed to question the potential jurors. These questions can range from the boring and mundane all the way to in-depth and personal. After the questioning the attorneys will be allowed a certain number of peremptory releases in which they may release a potential juror from the pool for any reason. This is followed or done at the same time as releases of jurors for cause. (For cause releases occur because a juror may be found to have issues that would not allow him or her to act as an impartial juror.
• OPENING STATEMENTS
  • The attorneys for both sides are allowed time to tell the jury what the facts and evidence of the case are. Each side gives information that shows their case in the best possible light. The Plaintiff's attorney (the person who is suing another person)  starts first, and the Defendan'ts attorney goes next. Each lawyer will outline their case and tell the jury what they will hear. During the opening statement neither attorney is allowed to be argumentative towards the other side.
• PLAINTIFF'S WITNESSES
  • This is where you get to call witnesses that will help you in your case. All witnesses are first sworn in and then take the witness stand. Your attorney will first examine (question) the witness and have them testify as to what they saw, heard, or know about. Then the defendan'ts lawyer get's a chance to cross-examine (question) the witness where he will try to disprove or weaken the witnesse's statements. Finally your attorney will be allowed to ask the witnesses questions about any issues that might have been raised when the defendant's attorney cross-examined him.
  • This is the point in a trial where the most objections will be made by the defendant's attorney. The defendant's attorney will likely object to both questions and answers that are asked and given by the witness. Often times these objections are only made to attempt to throw the witness off or to rattle them and make them self conscious of their testimony. It is good to note that most objections to testimony and questioning in a trial will be done by the defendan'ts attorney rather than your attorney.
• WITNESSES FOR THE DEFENDANT
  • After all the plaintiff's (your) witnesses have been called and testified it will be time for the defense to call their witnesses. Here the questioning is exactly like the witnesses for the plaintiff with the only exception being that the defendant's attorney starts the questioning of the witness and your attorney does the cross-examining.
• JURY INSTRUCTIONS
  • The judge reads the instructions to the jury regarding what rules they must abide by in coming to a verdict.

• SUMMATION or CLOSING ARGUMENTS
  • Each attorney has a chance to give a final speech to the jurors giving the reasons they feel that the jury should find in favor of their client. The lawyers summarize the evidence they have presented at trial, and emphasize important points the jury may have missed or forgotten. Here the Plaintiff goes first and the Defendant goes next. But the plaintiff is usually allowed to make a final argument.

• VERDICT
  • After closing arguments the jury will leave the courtroom and begin deliberations. Deliberations could last as little as 30 minutes or as long as days. When a verdict is reached all parties will be notified and court will reconvene in order for the verdict to be read and entered into the record.

• AFTER THE VERDICT
  • The case usually doesn't end after the verdict. And even if you receive a verdict in your favor and money is awarded to you by the jury you usually will not see any of it right away. The losing party at trial will generally make a motion for a new trial or will appeal the verdict. The Appellate process can take years to work through. And if an appeal is made then you will not receive anything until the appeal is finished. During this time your attorney is still working to make sure that your case is upheld.

This is how the procedure of a jury trial goes. It is important to mention that here in Memphis in can take years before your case ever even makes it to a trial. But if you do go to trial you need to be prepared for what will occur. Make sure you have the best Memphis personal injury lawyer you can find and make sure you prepare for your trial.

If you have any specific questions about your Memphis, Tennessee or Mississippi accident or personal injury claim call the Ferrell Law Firm at our Mississippi or Tennessee office today!