Getting hit by a drunk driver can be an incredibly frustrating experience, especially when you are badly injured. You may have suffered extreme terror in the moments leading up to the crash as you helplessly watched a clearly intoxicated individual drive right into you. Clearly, the driver knew better than to get behind the wheel after getting drunk but did so anyway. The driver (or their insurance company) is likely on the hook for compensating you. In Tennessee, you may also have another option for seeking financial compensation. If the drunk driver who caused your accident was overserved or served while underage at a bar, and their intoxication caused your injuries, then the bar may be liable under Tennessee’s Dram Shop Act. If you have been injured by a drunk driver, an attorney may be able to seek out compensation for you from multiple sources. 

What Tennessee’s Dram Shop Laws Say

Bartenders are expected to serve patrons responsibly, which includes checking ID carefully and cutting off patrons who have become visibly intoxicated. Not all bars are as fastidious as they should be about making sure that they are not serving minors or allowing people to become excessively intoxicated. 

Under our state’s Dram Shop laws, a drinking establishment may be liable for a drunk driving accident if they served someone who was either under 21 years old or visibly intoxicated, and that person’s intoxication was the proximate cause of your injuries. This is a fairly high standard of proof, greater than the “preponderance of the evidence” standard usually used in civil litigation. 

Continue Reading...

Whether they are in a backyard, an apartment building common area, a publicly owned facility, or a hotel or private club, swimming pools can be great places for fun, relaxation, and exercise. However, they can also present a host of opportunities for injuries to adults and children. The owners or operators of a pool have the responsibility to keep their swimmers and other guests safe from personal injury by taking reasonable precautions and making reasonable efforts to maintain safe conditions. They must try to eliminate potential hazards and provide warnings to visitors when a hazard cannot be eliminated.

Potential Risks at Swimming Pools

An accident at a pool can happen in an instant and have a long-lasting impact on any family. There are many risks of personal injury at any swimming pool. These include:

• Tripping hazards on the pool deck – Uneven surfaces, missing tiles, and maintenance equipment can all be tripping hazards. Individuals who fall at a pool risk injury both from falling on a hard pool deck or unexpectedly falling into the water.
• Chemical exposure – The chemicals that are used to treat water in pools to prevent bacteria and algae and generally keep the water healthy to swim in. However, excessive chemical use in the water or unintentional exposure to the chemicals can be harmful and even fatal.
• Pool drains – Drains are necessary to clean and circulate the water in a pool, but the suction they create can become a deadly hazard. Improperly installed or non-compliant drain covers pose a risk of entrapment or entanglement to swimmers.
• Pool equipment- Ladders, steps, diving boards, and other pool infrastructure should be properly maintained to prevent accidents in and near the water. If they cannot be fixed promptly, warnings must be posted about the potentially unsafe situation.

All pools should have proper fencing with a self-latching gate surrounding the area to prevent unsupervised swimming, especially for younger children or those who cannot swim. Pools should always be properly supervised, and no one should ever swim alone, no matter how experienced of a swimmer they are. Private pools should always have parents watching while public pools should have lifeguards in place.

Continue Reading...

It was a rear-end collision. The driver behind is automatically at fault, right? Not always. If you rear-ended someone, there is still a chance that they are legally at fault. There are situations where the driver in front is actually responsible for the crash and therefore liable to the driver behind him. These situations are more common than you might think. However, most not-at-fault drivers who were behind in a rear-end collision never think to fight back against the assumption that they were at fault. With the help of a skilled car accident attorney, you may be able to not only absolve yourself of liability but also recover damages from the driver who actually caused your accident. 

How Do I Know if the Driver in Front Was Responsible for My Rear-End Collision?

A good test is to think about what you realistically could have done to avoid rear-ending the driver ahead of you. If you honestly cannot think of anything you should have done differently to avoid the crash, and were not being careless, then you might not be at fault. If the driver in front of you created a situation where you had little or no opportunity to avoid the collision, they may in fact be liable to you. 

Common situations where the front driver is responsible for a rear-end collision include: 

Continue Reading...

Tennessee offers some truly beautiful lakes and rivers, and there is no better way to experience these bodies of water than by boating on them. However, be careful - in Tennessee, boating under the influence of drugs or alcohol (BUI) is a crime, similar to the more well-known crime of DUI. However, the laws governing which types of boats fall under BUI laws can be confusing. If you have been charged with a BUI, it is important to get in touch with an experienced attorney. BUI is a serious crime that can lead to steep fines, jail time, and loss of boating privileges. Working with a qualified attorney reduces your risk of facing these harsh penalties. 

Which Watercrafts Fall Under BUI Statutes? 

The general rule is that if you need a license for the type of boat you are operating, you can get a BUI while driving it. This includes all motorized boats, regardless of what type of motor. It does not matter whether you are operating a speedboat capable of achieving highway-like speeds or a small fishing boat with just a trolling motor. You can get a DUI on a slow-moving tractor on land, and you can get a BUI on a slow-moving boat on the water. 

This law also includes sailboats. Sailboats can achieve high speeds and require skill and care to operate. An intoxicated person is unlikely to be able to safely operate a sailboat. 

Continue Reading...

Failure to yield the right of way is a common cause of car accidents of all kinds, but it can be an especially serious problem in accidents involving bicyclists and pedestrians. Some drivers are ignorant of the laws governing the right of way for pedestrians and bicyclists, while others may fail to yield the right of way due to other factors that impede their driving abilities. In these cases, pedestrians and bicyclists are largely defenseless, and they can suffer severe injuries. If you have been hit by a car, an attorney can help you pursue compensation through a personal injury claim.

Tennessee Right of Way Laws for Pedestrians and Bicyclists

According to Tennessee law, pedestrians have the right of way at both marked and unmarked crosswalks. Marked crosswalks have white cross-hatching, and they can be found at intersections or between blocks. Any intersection in Tennessee without white cross-hatching is considered an unmarked crosswalk. When a driver approaches a crosswalk where a pedestrian is in the process of crossing the road, the driver should stop and let the pedestrian pass. Pedestrians also have the right of way when they are coming out of an alley or driveway.

Bicyclists in Tennessee are subject to the same traffic laws as drivers of motor vehicles. This means that they must yield the right of way to other vehicles as they would if they were driving a motor vehicle, but it also means that drivers must yield to them. For example, at a four-way stop or an intersection with a traffic light, bicycles should be treated the same as cars. Drivers who are turning right at an intersection should also take special care not to turn into the path of a bicyclist.

Continue Reading...