Author Archives: Brad Burnette
Volvo Faces Trial in Nashville Over Defective Wiring in Truck
Defective products cause thousands of injuries to consumers every year. Product liability is an especially serious concern when dealing with motor vehicles, as even small defects can lead to car accidents. While manufacturers attempt to correct defects through the government-supervised recall system, that is often not sufficient to prevent potentially deadly accidents. Recall Not… Read More »
When Is the State Liable for Dangerous Road Conditions?
Car accidents are not always solely the result of negligent driving. In many cases, defective road design or maintenance may contribute to an accident. Under Tennessee law, the state can be sued for “dangerous conditions on state maintained highways.” The burden of proof is on a plaintiff, however, to demonstrate the “foreseeability of the… Read More »
In Personal Injury Cases, The Thing Does Not Always Speak for Itself
In personal injury cases, a plaintiff may establish a defendant’s liability through a legal doctrine known as “res ipsa loquitur.” As explained by Tennessee courts, this rule—named for the Latin phrase, “the thing speaks for itself”—holds “the injury was probably the result of negligence, even though the exact nature of the negligence is unknown,… Read More »
Massive GM Fine May Mean Little for Accident Victims
Many Tennessee car accidents are the result of manufacturing defects in the vehicles themselves. A single defective part may cause an automobile to crash, killing or seriously injuring its passengers. Although federal and state regulators may subsequently punish a manufacturer for marketing a defective vehicle, the actual victims must often pursue their own litigation… Read More »
Are Police Responsible for Failing to Prevent an Accident?
Although police in Tennessee are generally responsible for maintaining traffic and public safety, this does not mean a person injured in a car accident has an automatic right to seek damages against a municipality for failing to prevent the incident. In limited circumstances, federal civil rights law will support a claim against police if… Read More »
NHTSA Fines Motorcycle Manufacturer for Failing to Follow Safety Recall Rules
Thousands of people die every year in motorcycle accidents. While driver negligence is the most frequent cause of a motorcycle wreck, it is important not to overlook potential safety defects in the vehicles themselves. One major U.S. motorcycle manufacturer recently paid a multi-million dollar fine after admitting it failed to follow federal rules in… Read More »
Uninsured Motorist Coverage May Not Cover All Situations
Tennessee law requires all automobile insurance policies to offer uninsured motorist coverage. As the name suggests, this coverage pays benefits if you are in an accident with another vehicle that lacks insurance. Ideally, this would mean someone injured by another driver’s negligence would never go uncompensated, but unfortunately, there are gaps in the legal… Read More »
