Law Blog

Beginning July 1, 2019, Tennessee will be considered a hand’s free state. The Hand’s Free Law, also known as Public Chapter No.412, requires motorists to keep their phones out of hand while operating their vehicle which will, in turn, allow them to focus on the road. The new law aims to eliminate distracted driving which is responsible for causing thousands of deaths in the State of TN each year.

Did you know that in 2018, there were approximately 24,600 wrecks involving a distracted driver in TN? That averages out to about 67 crashes occurring each day during that year alone.

Important Things You Need to Know About Tennessee’s Hands-Free Law

Whether you live in Nashville, Knoxville, or any other city within the State of TN, there are some things you need to become aware of regarding the new law. According to the Tennessee Highway Safety Office, the new law will make it illegal for drivers in the State of TN to:

• Hold a cellphone with any part of their body. This means that if you are caught by an officer with a cellphone in your hand, whether you are using it or not, you shall be found guilty of violating the law and subject to the penalties the violation carries with it.
• Write, send, or read any text-based communication that includes, but is not limited to “a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device.”
• “Reach for a mobile device in a manner that would require the driver to no longer be in a seated driving position or properly restrained by a seat belt.”
• Watch a video or movie on a cellphone unless its data is related to the navigation of the motor vehicle.
• Record or broadcast video on a cellphone.

Some other important things drivers in TN need to be aware of when it comes to the hands-free law include:

• You are still permitted to talk on your phone so as long as you use an earpiece, headphone device, or device worn on your wrist that can be used to conduct voice-based communication. You are also permitted to use one button on the phone to either initiate or terminate the call.
• If you are someone who enjoys listening to music while driving, you’ll be happy to know that you can still stream music on your mobile device, however, you cannot stream music that includes a video on the screen of your cellphone. You also cannot touch your cellphone to start or stop the music while you are driving. Essentially, if you plan on streaming music in your vehicle from your cellular device, you should start it before taking off and play it from a location on your phone that doesn’t include video.
• In the event of an emergency, you are permitted to use your cellphone to “communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency.” This would include “a natural or human occurrence that threatens human health, life, or property.”

What penalties will a driver face if he or she violates Tennessee’s Hands-Free Law?

The first time a driver is caught violating the law, he or she will be subject to paying a $50 fine, however, if an accident occurs as a result of the violation, the fine increases to $100. When a driver is caught violating the law in a work zone while workers are present or in a marked school zone while flashers are in operation, a driver shall then be required to pay a $200 fine.

What should I do if I was involved in an auto wreck in Nashville, TN with a driver who was texting on their phone?

If you were involved in a car wreck with a distracted driver in Nashville who was using their cellphone, the Law Office of George R. Fusner Jr. is here to help you better understand what your legal rights are. Whether you suffered injuries, your vehicle sustained damage, or both, our office will aid you in recovering the compensation you need and deserve. Many of the victims of distracted driving accidents often suffer serious and even debilitating injuries (i.e. spinal cord injuries, traumatic brain injuries, neck and back injuries, etc.) which is why we make it our duty to get them the money that will allow them to afford the care, therapy, and medications needed.

To learn more about our office and the legal services we can provide you with, give us a call now at 615-251-0005 to speak with an experienced car wreck attorney in Nashville, TN.

 

You can reach the Law Office of George R. Fusner Jr. at

7104 Peach Court

Brentwood, TN 37027

Phone- 615-251-0005

Fax- 615-370-8447

Website: www.gfusnerlaw.com

In 2016, 145 motorcyclists were killed in wrecks in the State of Tennessee and thousands of others suffered mild, moderate, and severe injuries [Source: Governors Highway Safety Association]. There were many factors that influenced a rider’s risk during this year and also heighten the risk for riders today. Some of those factors include:

• Weather
• Helmet use
• Impaired riding
• Speed
• Unendorsed or unlicensed riders

While some motorcycle riders are known to engage in certain types of behavior that serve as the direct cause of the accident they were involved in, other wrecks transpire as a result of other negligent drivers who operate their vehicle in a reckless or careless manner. If you or someone close to you was involved in a motorcycle wreck in Nashville, TN and you are now seeking compensation to make up for your damages and/or losses, you may have come across a few concerns already that have yet to be addressed.

While we do encourage you to contact the Law Office of George R. Fusner Jr. to schedule a time to speak with a trusted TN personal injury attorney, below we have taken the time to address a few of the top concerns many bikers and their families often have following the occurrence of a wreck.

1. What should I do if the insurance company offered me less than what my medical expenses amounted to?

If you already filed a claim with your insurer or that of the liable party who you were involved in the wreck with, you were probably contacted by an insurance adjuster who offered you a settlement. While any amount of money would help you and your family right now given the circumstances, you are probably realizing that settlement the insurer has offered you doesn’t quite cover all the expenses that have accrued, nor does it include payment for any other damages.

For instance, if you were required to stay in the hospital for a few days following the wreck to receive treatment for the injuries you suffered, you probably received a bill from the hospital for $29,000 or even $30,000. The reality is, the services that are provided in the hospital are rather expensive and if you don’t have enough health insurance coverage or any at all, you probably aren’t able to pay this bill, nor should you have to. The fact is, the driver who was responsible for causing the accident or their insurer is the party that should be held responsible for paying the bill, not you. However, it doesn’t always work out that way which is why insurers are supposed to reimburse a victim for the cost of the medical care they receive, up to the limits the policyholder has purchased.

Sadly, most insurance companies with only offer a fraction of what a victim should receive which is why we do not encourage you to accept any amount from the insurer until you have met with TN personal injury lawyer George R. Fusner Jr.

2. What damages am I actually entitled to recover money for?

While the insurance company might have you believing that you are only able to recover a certain amount of money to go toward your medical expenses, the truth is, you are likely entitled to receive more for other damages/losses you experienced. For example, if the wreck has resulted in you being unable to work and provide financial support for your family, you should be awarded the amount of money you would have received had you been able to resume your position at your place of employment. Some other damages motorcycle accident victims often fight for and receive include:

• Pain and suffering
• Medical bills
• Loss of consortium
• Loss of enjoyment of life

3. Can an attorney help me reach a settlement with the liable party?

If you decide to hire a lawyer, they can help you reach a settlement with the liable party so that you are able to receive the money you need quicker and won’t be required to take your case to trial.

There are many advantages to hiring an attorney after having been involved in a motorcycle accident. Not only will an attorney make themselves available to you to answer any questions or concerns you might have, but they can also ensure you are awarded a fair amount of compensation for all the pain and suffering the other driver has caused you. Now, if you are ready to find out how the Law Office of George R. Fusner Jr. can help you or a loved one who was injured in a motorcycle wreck in Nashville, contact us today to schedule your initial consultation.

As vehicles continue to evolve, so will the various types of features you can have installed in them. While many vehicles on the market today already come equipped with several different features, dealerships still sell basic models without any enhancements. While some might opt for just the vehicle with no extra gizmos and gadgets, there are some that might actually be worth the extra money to have installed in your vehicle, especially if you want to reduce your chances of having an accident occur.

With that said, if you are in the market for a new car and are wondering which features are worth installing so that the vehicle is safer for you and your family, below we highlight a few must-have safety enhancements Consumer Reports has highlighted that you might wish to equip your vehicle with given it is an available option.

1. Automatic emergency braking. Have you ever found yourself driving a bit too fast for traffic or even traveling at the appropriate speed and the cars in front of you come to an abrupt stop? Rather than you catching it before it’s too late, an automatic emergency braking system would “apply the brakes on its own to prevent a collision when it senses a vehicle in its way or to reduce the force of an impact that can’t be avoided.”
2. Forward collision warning. This feature “gives drivers a visual and/or audible warning that a collision may be imminent.”
3. Blind spot warning/alert. If you’ve ever found yourself merging over into another lane you thought was unoccupied but quickly learn it is, this feature is definitely one you’ll want to consider. The blind spot warning/alert “gives drivers a visual and/or audible notification that a vehicle is alongside the car in a blind spot.”

While Consumer Reports recommends the features mentioned above as the must-have enhancements you won’t want to go without, below are some must-have convenience features that still contribute to making your ride a safer one.

1. Android Auto and Apple CarPlay. These features “bring familiar smartphone interfaces and some important but limited features and usability to the car’s infotainment system.” This allows the driver to keep their phone out of hand but still interact with certain features on it via their car’s built-in screen.
2. Knobs for audio and climate systems. Consumer Reports says that physical knobs used to adjust the temperature and the volume of the radio are better to have as they are less likely to distract you from driving as would having touch-sensitive controls instead.

Now, if you are looking to purchase a new vehicle as you were recently involved in a wreck in Nashville, consider adding these safety enhancements and others to your newly purchased vehicle to prevent yet another crash from transpiring. And if you haven’t yet consulted with a car wreck lawyer to find out how much you are entitled to collect for vehicle repairs, injuries, medical expenses, and more, we encourage you to contact our office to speak with Nashville, TN car wreck attorney George R. Fusner Jr. today. While you may not need to retain an attorney just yet, it can definitely benefit you to speak with one regarding your accident so that you can become more familiar with what your rights are.

You were involved in a wreck with a tractor-trailer on I-40 and you believe you were partially responsible for causing it. What happens now? Will you still be entitled to file a claim and recover compensation for your damages or will your contribution to the crash prohibit you from doing so?

These are only some of the questions that are most often asked following the occurrence of a tractor-trailer accident which is why we are taking the time to address these for you below.

What should I do after engaging in an accident with a tractor-trailer?

Just as you would in any other type of collision, you are going to want to do the following:

1. Never admit fault. Although you suspect that your actions or errors played a role in causing the crash, you are never going to want to admit this at the scene or until you have spoken with a TN tractor-trailer wreck attorney.
2. Take the necessary precautions to ensure you don’t put yourself in harm’s way, again. You are going to want to pull your vehicle off to the side of the road if possible and as far away from traffic. This can reduce the chances of having another vehicle collide into yours.
3. Assess your injuries, if any were sustained. Check to see if you or anyone else suffered an injury. If you did or feel discomfort or pain, call 911 immediately. If you are able to, take photos of the injuries you suffered as these will be useful later on when it comes time to file your claim.
4. Assess all property damage. If you’re physically able to get out of your vehicle, you are going to want to assess the damage that was done to all the vehicles that were involved and take photos of it as well.
5. Remain at the scene until law enforcement has arrived. If you called 911 already, be sure to wait until an officer arrives. In the event the police have not been called, you will want to contact your local authorities so that an officer can be dispatched to the scene.
6. Collect as much information as possible. This can sometimes be difficult to do given the nature of most tractor-trailer accidents, but if you are able to, be sure to collect as much information as you can including, but not limited to, the names of those involved, phone numbers, license plate information, the company in which the truck driver is employed with, the company telephone number, witness statements, etc.
7. Remember to take photos. As mentioned before, you are going to want to capture photos of your injuries and/or property damage, but you will also want to take pictures of the entire accident scene as the adjuster handling the claim and/or your car wreck attorney might need them later on down the road.
8. Seek medical attention. Whether you feel minor pain or discomfort or have a visible injury, it is essential that you seek immediate medical attention so that a physician can assess your condition and determine what injuries you suffered as well as the extent of them.

[Source: Insurance Information Institute (III)].

Am I still entitled to file a claim for my injuries even if I think I was partially at-fault?

Although your behavior/actions may have contributed to the crash, it doesn’t mean you can’t file a claim in an effort to recover compensation. The fact is, the trucker may have also played a role in causing the accident along with roadway conditions and the weather. In the event the trucker was engaging in a prohibited behavior such as texting while driving or following too closely, or he or she was in violation of an Federal Motor Carrier Safety Administration’s (FMCSA) regulation, their employer may be responsible for compensating you. Commercial trucking companies are required to carry insurance in the State of Tennessee so you may be entitled to a significant amount depending on the degree of your injuries.

To find out how much your injuries entitle you to collect and which parties you can hold accountbale for your damages despite your role in causing the collision, contact Nashville, TN tractor-trailer accident attorney George R. Fusner Jr. today. Attorney George R. Fusner Jr. has acquired the skill and training needed to help you recover the compensation you need and deserve so contact our office today to find out how we can help and support you through this difficult time in your life.

When a car wreck has left you disabled and unable to work, you may be in need of financial support as you no longer have a steady income coming in. While most of the accident victims who qualify to file a personal injury lawsuit against the party who hit them recover compensation after reaching a successful in their case, others often look for other sources that are available that can provide them with the financial assistance they are seeking. One of those sources is the Social Security Administration (SSA).

Social Security Disability (SSD) is usually available to someone who has suffered a total disability meaning,

1. They cannot complete the work that they once were able to;
2. They are unable to adjust to other work because of their medical condition; and
3. Their disability has lasted a year or is expected to last for at least one year.

All three criteria must be met in order for an individual to qualify for Social Security Disability. In the event you are looking for partial disability or short-term disability, the SSA will not provide this to you. Aside from the criteria listed above, the SSA will use the following to decide if your circumstances would, in fact, consider you a qualified applicant for SSD.

1. Whether you are working. If you are working, the SSA may find you unqualified to receive SSD. You will need to contact the SSA to find out how much you can make per month to still be eligible to apply for SSD.
2. In the event you are not working, the SSA will then check to see if your condition is considered to be “severe.” This means that “your condition must significantly limit your ability to do basic work such as lifting, standing, walking, sitting, and remembering—for at least 12 months.”
3. Should your condition be considered “severe,” the SSA will look to see if it is found on its list of disabling conditions. For example, if you suffered a back injury in the wreck which caused new conditions to develop or a pre-existing condition to worsen, you would need to prove you suffer from one of the following:

• “Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine).”
• “Spinal arachnoiditis,” which has been confirmed by having an “operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours.”
• “Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively.”

[Source: Listing 1.04 Disorders of the spine].

In the event your condition is not found on the list of disabling conditions, the SSA will have to decide whether “it is as severe as a medical condition that is on the list.” In the event it is, then you shall be considered disabled.

4. After receiving confirmation that your condition considers you disabled, the SSA will determine whether “your medical impairment prevents you from performing any of your past work.”
5. The last step the SSA will take to determine your eligibility is to decide whether you can do any other type of work. The SSA will consider “your medical conditions, age, education, past work experience, and the transferable skills, you have to determine if you are able to do any other type of work.

The SSA will then take all the information that was gathered, evaluate it, and decide if it qualifies you to collect SSD. Something you should be aware of when looking to obtain SSD is that it can be a rather difficult and lengthy process. The SSA does not approve everyone who has suffered an injury that has caused them to become disabled to collect SSD so, in order to increase your chances of being granted this financial support, you should have an experienced Nashville, TN car wreck lawyer helping you. If you would like to speak with a TN car wreck attorney now who can further elaborate on SSD along with the other ways you can recover the funds you might be needing, contact the Law Office of George R. Fusner Jr. now.

Before a teenager in Tennessee is permitted to drive on their own with no restrictions, they must go through what is called the Graduated Licensing Program. There are three phases to this program, according to Geico, all of which must be completed. If you have a teen who has reached the age of 15, you may be wondering what these three phases are and what restrictions each imposes on your teen as they learn how to drive.

In an effort to better help you understand the Graduated Licensing Program, below we outline what each phase of it is.

1. The Learner’s Permit Phase

A teen can apply for their learner’s permit when they reach 15 years of age but must be accompanied by a parent or guardian if they are under 18. At the time they apply, they are required to:

• Show proof that they are regularly attending school.
• Show proof of school progress.
• Pass a written and vision test.

A teen who receives their learner’s permit can only drive when they are accompanied by a licensed driver who is 21 years of age or older in the front seat. They cannot drive between the hours of 10:00 p.m. and 6:00 a.m. and can only move on to the next phase after they have had their learner’s permit for 180 days.

2. The Intermediate Restricted License Phase

Teens who are 16 years of age or older are permitted to apply for this license as long as they completed the learner’s permit phase. In order for a teen to receive their intermediate restricted license, they must:

• Pass a road skills test.
• Submit a form that certifies they completed at least 50 hours of driving experience of which 10 were done during the night time.

A teen who receives this permit cannot drive between the hours of 11:00 p.m. and 6:00 a.m. and are only permitted to have one passenger riding with them. Because teens are learning how to drive, there is no room for distractions, which are currently responsible for causing thousands of car wrecks each year. The fact is, passengers can serve as a distraction which is why teens are limited to only having one person travel with them.

3. The Intermediate Unrestricted License Phase

A teen must be at least 17 years of age before they can apply for their intermediate unrestricted license and must have had their restricted license for at least one year. During this phase, the restrictions mentioned above no longer apply. However, their license will say “intermediate” while they are under the age of 18. Only when the driver reaches the age of 18, graduates high school, or receives their GED will they be eligible for a Class D driver’s license which will indicate that they are under the age of 21.

The Graduate Licensing Program is expected to help prep teens for driving as it requires them to spend a certain amount of time behind the wheel before they can drive on their own. Although teens do need to demonstrate that they have learned how to drive when going through each of the phases, it is essential that they continue practicing their driving with someone who has experience and won’t distract them from operating their vehicle. The truth is, many teens suffer serious injuries or lose their lives in car accidents each year. In 2017 alone, 2,734 teens were killed in automobile accidents [Source: Insurance Institute for Highway Safety].

Many of the car wrecks that involve teens occur because of inexperience and distractions so it is best to help prepare them as much as possible to reduce the chances of them engaging in a collision.

What if my teen was recently involved in an accident in Nashville, TN?

In the event your teenager was involved in a crash and you are looking to learn more about recovering compensation on their behalf for their injuries and medical expenses, contact Nashville, TN car wreck lawyer George R. Fusner Jr. The Law Office of George R. Fusner Jr. works with individuals who have suffered as a result of an accident and helps them obtain the compensation they need and deserve following a crash. If you would like to find out how much your teen may be entitled to receive, contact our office to schedule your initial consultation.