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Tennessee cap on personal injury compensation deemed unconstitutional

Posted on Monday, March 23rd, 2015   

The Tennessee state legislature’s ruling in 2011 that caps the total amount of a person’s award in a personal injury case at $750,000 was deemed unconstitutional by Hamilton County Circuit Judge W. Neil Thomas during the second week of March, WTVC NewsChannel 9 reported on March 10.

One personal injury attorney believes that many people don’t understand the problem with the cap until a traumatic accident affects their family–then, a loved one’s debilitating injury and all associated damages seems to deserve far more than $750,000.

Tennessee Representative Gerald McCormick (Republican of Hamilton County), on the other hand, expressed opposition to the court decision, asserting that the cap is good for business, especially because it keeps medical costs from rising.

There is nothing more painful than to see a loved one suffering from injuries or succumbing to a condition caused by the negligent actions of others. If you live in Nashville or other areas in Tennessee and your loved one has become the victim of a personal injury accident, ask for legal assistance from our attorneys at Pohl & Berk, LLP, by calling (615) 277-2765 today.

Possible defective guardrails spread all over Nashville

Posted on Monday, December 22nd, 2014   

Mark Macy, the man in charge of making sure streets in Nashville, Tennessee are safe, said the city administration is worried that guardrails found along roads across the state are defective, as they were made by Plano, Texas-based Trinity Industries, Inc., the company that has been sued for building defective guardrails, WSMV reported on December 2.

Macy knows about the federal government’s investigation into Trinity’s guardrails and the rumors that these guardrails can impale people inside the vehicles during a crash. He and other city officials are concerned that these guardrails would not safely deflect the impact of a crash the way they were designed to, resulting in the undue harm of Nashville residents.

Trinity Industries is facing a ton of lawsuits regarding this matter, one of them involving the death of an east Tennessee woman who lost her life five hours after a guardrail impaled her during a crash, causing her to bleed out from massive internal injuries.

If you have been the victim of a personal injury accident in Nashville or other areas in Tennessee, you shouldn’t have to face the burden of financial consequences from an accident that occurred through no fault of your own. Get in touch with our attorneys at Pohl & Berk, LLP, by dialing (615) 277-2765, and learn about your legal options for recourse.

Nashville minivan-pickup truck collision injures two

Posted on Friday, November 7th, 2014   

Both drivers were injured when a minivan and pickup truck collided on Hamilton Church Road in south Nashville’s Priest Lake Community, WKRN-TV Nashville reported on November 5.

According to the Metro Police, the minivan and pickup truck collided around 8:15 a.m. when they both swerved into the eastbound lane in a futile attempt to avoid a collision. The drivers of both vehicles were immediately taken to local hospitals for treatment of their injuries, and both are expected to survive.

Witness Cindy Clopton said this accident is one of the many crashes that happened frequently along this stretch of the road, and noted that local officials should do something about the frequency of accidents happening in the area. However, Councilman Robert Duvall said that his office had not received any major complaints about accidents there.

If you were hurt in a car accident in Nashville due to the negligence of other people, such as reckless motorists, manufacturers of defective vehicles, or negligent government bodies who fail to maintain roads, the attorneys at Pohl & Berk, LLP, may be able to help. Call our offices at (615) 277-2765 today to learn about your options for legal recourse.

Controversial guardrail manufacturer pauses sales

Posted on Monday, November 3rd, 2014   

In an unexpected move, Trinity Industries temporarily froze sales of their potentially dangerous guardrail model, the New York Times reported on October 24.

Trinity Industries has announced that they will stop any new sales of their “ET-Plus” guardrail, and will not fill existing orders until further testing can be completed. This is a deviation from the position they took earlier in the year, in which they claimed to “have a high degree of confidence in the performance of the ET-Plus System,” and that they intended to continue to manufacture and sell the product even amidst controversy.

More than thirteen states have now banned the model after a redesign of their guardrail’s end unit was discovered. Several lawsuits throughout the country have pointed to this modification as the cause of head-on guardrail failures, resulting in extensive injuries and at least five deaths. The details of these complaints all similarly claim that, instead of collapsing to absorb the impact of a collision, the guardrail impaled their car and its occupants in some cases.

Trinity is expected to have a safety testing plan submitted by this Friday.


Replacing defective guardrails proving to be a difficult task

Posted on Thursday, October 30th, 2014   

Some state workers are scrambling to find and replace defective highway guardrail components that may have caused over nine deaths, according to an article on the Washington Post.

A design flaw is thought to be the reason for some recent guardrail malfunctions. Instead of collapsing on impact, the guardrail’s end units have been impaling cars. Trinity Industries reduced the size of a small component used in the safety equipment, reportedly saving the company approximately $2 per unit. Since its redesign in 2005, the ET-Plus guardrail has been widely distributed and implemented in roadways across the country.

The problem is compounded by the fact that there is no record to show where these new units have been installed. This has forced some contractors in Virginia and Maryland to measure each guardrail cap by hand to identify the defective part. A spokesperson for Virginia’s Department of Public Transportation admitted that “they could be anywhere in the commonwealth,” and that state officials are doing their best to develop a plan to quickly identify and replace each unit.


Safety concern over guardrail design prompts investigation

Posted on Monday, October 27th, 2014   

The Federal Highway Administration (FHWA) will begin investigating claims that a design flaw in the widely used ET-Plus guardrail is causing significant injuries to accident victims.

Some states are already pulling guardrails made by Trinity Highway Products after four deaths and nine severe injuries have been linked to performance failures in the newly redesigned equipment. In 2005, the Texas-based company reduced the size of a component in the end terminal of their guardrails, saving the company two dollars per unit. When functioning properly, the end terminal will collapse on impact and absorb much of the energy from a head-on crash. However, experts are claiming that the slight change in design is enough to cause the end portion not to fold, impaling vehicles in some cases. Furthermore, because Trinity failed to report the modification to the proper institutions as mandated, some critics believe that they were intentionally hiding poor safety test results.


Hampshire Pike two-vehicle accident injures three

Posted on Tuesday, September 23rd, 2014   

On September 15, a two-vehicle crash near the intersection of Hampshire Pike and Old State Road in Columbia, Tennessee injured three individuals including a Hampshire Unit School high school senior.

According to firefighter Brian McCandless, a pickup truck and a Jeep Cherokee collided head-on at around 7:18 a.m.

Eighteen-year-old Shayla Yeager was operating the Jeep east on U.S. Highway 412 when she tried turning left onto Old State Road, causing the collision with the pickup truck. Hampshire residents Philip and Janet Griffith were inside the truck, according to a report from the Tennessee Highway Patrol.

The report noted that one of the vehicles was found in the creek by the police who responded to the crash, which is currently being investigated by local authorities.

Vehicular accidents happen regularly in the United States. Should you get hurt in such an accident in Tennessee, trust only the attorneys of Pohl & Berk, LLP to help you pursue financial compensation from those who are responsible for your costs and injuries. Call our offices today at 615-277-2765 to learn more.

Allstate says Knoxville safest for drivers in southern region

Posted on Thursday, September 4th, 2014   

According to Allstate Insurance Company’s 2014 report, which is a part of the tenth annual “Allstate America’s Best Drivers Report,” Knoxville, Tennessee holds the number one spot for the best drivers in the southern. The average driver here has the possibility of being in an auto collision once in 11.1 years.

Knoxville got the #27 safest spot among America’s 200 largest cities.

The “southern” region comprises Louisiana, Tennessee, Kentucky, Arkansas, and Mississippi. The report takes into consideration factors such as collision frequency, population, population density, and precipitation.

Fort Collins, Colorado took the title for being the best driving city in the whole country for the fourth year in a row. The average driver in the area has the possibility of suffering from a collision once in every 14.2 years, which is 29.6% less possible than the national average of once every 10 years.

Road conditions, automotive defects, and negligent actions of other drivers on the road are among some of the factors why vehicle accidents happen. If such an accident happens to you while you are in Tennessee, talk with our attorneys at Pohl & Berk, LLP by dialing (615) 277-2765 so we can help you learn more about possibility pursuing compensation.

$3M awarded to accident victims in Rutherford County

Posted on Friday, July 11th, 2014   

A jury in Rutherford County recently awarded almost $3 million in damages to one permanently injured and the estate of one deceased car accident victim, the Murfreesboro Post reported on July 4.

John Jackson, in his early 80’s, died several days after the accident happened. Scott Summerville, a 57-year-old Nashville resident, suffered permanent injuries from the accident.

The car accident happened in July 2011 along Interstate 24 near the Sam Ridley Parkway exit in Smyrna when Owensboro, Kentucky resident Mildred Payne lost control over his Toyota Camry. He veered off the roadway, slammed into a sign, crossed the median, and finally crashed into Jackson’s 2000 Mercedes Benz, which was headed east on I-24. Summerville was driving Jackson’s Mercedes Benz when the crash happened. All of the blame from the personal injury and wrongful death suits was placed on Payne.

If you are the victim of a car accident in Tennessee due to the negligent driving of someone else, the attorneys at Pohl & Berk, LLP, may help you pursue financial compensation. Call our offices today at 615-277-2765 to learn more.

Pickup truck driver arrested for intoxicated crash

Posted on Wednesday, July 9th, 2014   

A man was taken into police custody early on June 30 after causing a rollover accident that involved two other vehicles in Madison at around 4 a.m., WKRN-TV Nashville reported.

The man who was later arrested was trying to turn left onto Myatt Drive from State Route 45 when a car traveling the other direction hit the passenger side of the man’s pickup truck. The truck then hit a sport utility vehicle and flipped over. The car that hit the truck was occupied by a female; both she and the truck driver sustained minor injuries, while the SUV driver was unharmed. The truck driver was arrested after he failed the sobriety test given to him by a police officer who responded to the scene.

Car accidents are a major source of serious injuries, and they often lead to expensive medical bills. If you have been injured in a car accident through no fault of your own, call the personal injury attorneys at Pohl & Berk, LLP, by dialing 615-277-2765 today to discuss your legal options.

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