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March 24, 2016 In Auto Accident, Civil Litigation, Personal Injury, Uncategorized

Injured by a Drunk Driver?

drunk driver personal injury lawyer

The Sad Truth About Drunk Driving

Chances are, you either have been or will be the victim of a drunk driver in your lifetime. We know that intoxicated drivers cause personal injuries and deaths every day, but they also cause property damage. Even if you are not injured, your property may be. For example, drunk drivers often cause damage to other cars, houses, businesses, guardrails, signs, yards, and landscaping.

Drunk Driving Statistics

What are the odds that you have been or will be affected by a drunk or intoxicated driver? Take a look at these harrowing  statistics:

  • Every 2 minutes, a person is injured in a drunk driving crash.
  • On average, 2 in 3 people will be involved in a drunk driving crash in their lifetime.
  • The rate of drunk driving is highest among 26-29 year olds at 20.7%.
  • In 2014, 9,967 people died in drunk driving crashes. That’s one every 53 minutes. Another 290,000 were injured in drunk driving crashes.
  • Drunk driving costs the U.S. $132 Billion a year.
  • In 2010, drunk driving alone accounted for 18% of the total economic loss from motor vehicle crashes, costing the economy as much as $199 billion in direct and quality-of-life losses.

What does Drunk or “Intoxicated” Mean?

Tennessee law provides that a person is intoxicated when his or her physical and mental abilities are impaired as a result of drinking or drug use. The impairment must be to the extent that the person can’t act with ordinary and reasonable care like a sober person would under similar circumstances.

Can a Drunk Driver or Person Be Negligent?

Yes!  A drunk person is held to the same standard as a sober person.  Being intoxicated is no excuse for failure to act as a reasonably careful person.

We Represent Victims of Drunk Driving.

As a victim, you need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late.  We are victim attorneys and we represent people who have been injured or damaged by drunk or intoxicated drivers. If you need help, we have offices in Memphis and Nashville Tennessee.  Please call us at 901-372-5003 or email us here.

 

February 17, 2016 In Auto Accident, Business Litigation, Civil Litigation, Personal Injury, Uncategorized

Can my Fitbit be used as evidence against me?

Can my Fitbit be used as evidence against me?

By:            Erin Shea

fitbit can be used by injury lawyer

Can my Fitbit® data be used as evidence in court?

As I was driving to work yesterday, I heard an advertisement for a Local News Story on Fox 13 about potential unintended consequences of using one of those trendy new fitness tracker devices, such as the Fitbit®. This piqued my interest for a couple of different reasons: (1) My husband bought me a Fitbit® for my birthday recently, and (2) Part of my job as a lawyer involves looking for information to either support or weaken a particular factual claim being made by someone in a lawsuit, and doesn’t a fitness tracker record accurate and factual information?

Using Fitbit® Data as Evidence in Court Cases

What could be the unintended consequence of using a fitness tracker? Relevant to my job as a lawyer, Fox 13’s story and this article discuss how fitness tracking data can make or break a court case.

I haven’t seen any reported appellate decisions in Tennessee yet discussing the admissibility of fitness tracking data at trial, but I’m sure they are coming. Also, even if the data never sees the inside of a courtroom, there are other uses for it, including using the information to secure other evidence or as a negotiation point during settlement talks.

For example, if a person in a personal injury suit is making a claim that they can no longer walk more than a few steps at a time, but the person’s Fitbit® data shows that the person is taking 20,000 steps a day, I would argue that the claim is being exaggerated.  On a somewhat related topic, I will never forget an old case I worked on where the injured person claimed he could no longer run races, but his social media accounts showed several post-race photographs that were taken after the accident.

Moral of the Story

Don’t forget that your electronic devices, including fitness tracking devices like a Fitbit®, are collecting data and information about you.  Think about how that data might be used to help or hurt you because you can be sure that the lawyers are!

Need a Lawyer?

erin shea, injury lawyer at Patterson Bray memphisCall  me or any of the other lawyers at Patterson Bray  at (901) 372-5003. We’d be glad to help you. We handle cases in Memphis, Cordova, Germantown, Bartlett, Arlington, Lakeland,  Shelby County, and throughout Tennessee and Mississippi.  If we can’t help you, we’ll point you in the right direction.

 

September 14, 2015 In Uncategorized

Re-opening of Entry Level Legal Assistant Position

Re-opening of Entry Level Legal Assistant Position

Patterson Bray is again looking to add a Legal Assistant in the Litigation Department.  The Legal Assistant position is an entry level job, and while experience is preferred, it is not absolutely necessary.  On the job training will be provided.

 

Minimum job requirements are as follows:

  • Minimum: high school diploma
  • Preferred: associate degree or higher
  • Strong commitment to customer service
  • Proficient with Microsoft Word and Excel
  • Ability to pay close attention to detail
  • Strong research, writing, and editing skills
  • Ability to communicate effectively with customers and attorneys
  • Ability to be a self-starter and to work independently
  • Familiarity with social media platforms (Twitter, Facebook, Instagram, etc.)

 

Patterson Bray employees receive two (2) weeks paid vacation annually.  Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, with an hour for lunch break.  We also strive to be kid-friendly and flexible in order to accommodate for doctor appointments, school programs, ball games, etc.  Beginning salary is $30,000 per year, and employees are 401(k) eligible after completing 1 year of work.  Unfortunately, Patterson Bray does not offer health insurance benefits.

 

Please send any questions and/or resumes to info@pattersonbray.com.

January 25, 2013 In Estate Planning, General, Uncategorized

Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

According to the Washington Post, Senator Feinstein’s gun control bill not only seeks to severely restrict the sale and transfer of modern sporting rifles, but also “prohibits the sale or transfer of high-capacity, ammunition-feeding devices currently in existence” – a clear reference to gun magazines that hold more than 10 rounds.

While most gun owners don’t own an AR-15, millions of Americans own handguns for personal defense.  Many if not most of these “regular” handguns are sold with magazines that hold 10 rounds.  It’s these personal defense weapons that Senator Feinstein seeks to restrict.  If her bill becomes law, millions of Americans will no longer be able to sell, give away or pass their handgun to their family in their will.

It is unlikely that the entirety of the proposed bill will become law.  However, is seems probable that portions of the proposed legislation will.  If you are interested in maintaining control of your firearms, call us now to set up a Gun Trust at 901-372-5003.

For more info, click here for our previous blog post about Gun Trusts.

January 24, 2013 In Uncategorized

URGENT UPDATE & PRICE REDUCTION -Time may be running out to protect your guns with a Gun Trust

URGENT UPDATE & PRICE REDUCTION

Today, multiple U.S. Senators are formally introducing legislation that bans the manufacture and sale of hundreds, if not thousands of guns.  While the news coverage of the proposed legislation will characterize the proposed laws as being an “assault weapons ban,” in reality many handguns and shotguns will be included.  Additionally, gun owners’ ability to transfer their guns to their family members may be severely restricted or even banned.

In light of the short time frame that gun owners may have to legally protect their firearms, Patterson Bray is now offering a basic Gun Trust for only $675.  Call us now to create your Gun Trust before it is too late: 901-372-5003.

For more info, click here for our previous blog post about Gun Trusts.

January 17, 2013 In Uncategorized

Let Us Help You Protect Your Guns With A Gun Trust – Before It’s Too Late

Let Us Help You Protect Your Guns With A Gun Trust – Before It’s Too Late

The current political climate creates tremendous uncertainty for gun owners.  If you act now by creating a Gun Trust, you can be assured that your guns can stay in your family forever.

A Gun Trust is typically used to streamline the purchase of class 3 firearms, suppressors, fully automatic rifles, or short rifles.  However, in light of the current political climate, gun owners should seriously consider a transfer of ALL of their guns into a Trust in  order to avoid certain proposals under consideration that would ban ALL transfers of any so-called “assault weapon” (which would include hundreds of guns) as well as any magazine that holds more than 10 rounds.

One of the key Senate proposals under consideration would ban any and all transfers of certain guns and magazines – to ANYONE – including your own children.  You wouldn’t even be able to have your guns pass to your children through your Will at your death!  Instead, your guns and magazines would presumably be confiscated by the government at your death.

If you have a Gun Trust, though, the Trust would technically own your guns and magazines, and as a legal matter, Trusts never “die.”  You can serve as Trustee during your own life, and therefore possess and use your guns just as you’ve always done with no change.  The difference is that when you die, or when you want to allow your brother/son/friend to use or possess your gun, you can simply appoint another Trustee, or a Co-Trustee, or a Successor Trustee that automatically takes over at your death.  Those persons can then use or share the guns just as you did.  The Trust always owns the guns so there is technically never any “transfer” – even at your death.

Most regular Trusts have no instructions regarding the purchase, use, or access to your firearms. They also do not give the people involved with the Trust enough information to properly transfer assets. Indeed, if you become incapacitated, it may be necessary to sell some of the guns to provide for your needs. And when you die, your firearms will need to be transferred properly. A Gun Trust specifically provides information to determine whether the firearms are transferable or need to stay in the Trust, whether they are legal in the state where they might be transferred, and whether the  beneficiary is legally able to possess the firearm.  Another important feature is the peace of mind of knowing that, if you desire to do so, you can empower the Trustee to determine if the beneficiary is mature and responsible enough to receive the firearms in the first place.

A Gun Trust amounts to simple insurance against some of the more extreme political proposals currently floating around Washington D.C.  But time is of the essence.  Creating the Gun Trust must be complete BEFORE any transfer restrictions might be passed by Congress.  Protecting your rights is simple and affordable.  Cost for a Basic Gun Trust is only $950 $675.

If you own guns, we would love the opportunity to talk with you about how a Gun Trust will complement your estate plan.  Please contact our office to learn more about potential opportunities for you and your family using Gun Trusts.  Call us at 901-372-5003.

March 29, 2012 In Uncategorized

ObamaCare at the Supreme Court: Day 3 Recap

ObamaCare at the Supreme Court

Sorry to be running late with this post concerning the final day of argument at the Supreme Court yesterday, but I wanted to again pass along the post by my friend Hans von Spakovsky at the Heritage Foundation who’s been following the hearings in DC.

There’s been lots of talk by pundits and prognosticators about how the seeming skepticism expressed by the Justices during oral argument means that the ObamaCare law will inevitably be struck down.  I disagree.  Not because I believe it will be upheld, but rather because I believe there’s no way to tell much of anything simply by listening to the questions asked by Judges during their hearing of an appeal.

Mind you, while some of the questioning in this particular case has been unusually illuminating, I’ve been involved in numerous appellate hearings, many of which occurred while I was “on the inside” as a law clerk working for Judge on the federal Sixth Circuit Court of Appeals.  And based on my experience, I can tell you that a Judge’s questioning is often just that:  questioning.  It doesn’t necessarily indicate an opinion one way or another.  Indeed, sometimes the toughest questions are not from a Judge trying to signal what side he/she is on, but rather from a Judge who is genuinely trying really hard to make up his/her mind, and perhaps playing devil’s advocate or trying to rule out any doubts they might have.

Moreover, in this case, the legal theories could make for some interesting combinations of opinions by the Justices.  Some of the most conservative members of the Court, for example, may be inclined to allow their preference for judicial restraint to trump their misgivings over possible constitutional issues withe ObamaCare.

The best prediction is to simply stay tuned.  The Court’s Term will be over in a few weeks, and the latest that their rulings are handed down for a particular Term are usually in June.  So, we’ll know pretty soon what the answer is.

March 28, 2012 In Uncategorized

ObamaCare at the Supreme Court: Recap of Day 2

ObamaCare at the Supreme Court: Recap of Day 2

My friend Hans von Spakovsky has been attending the oral argument at the Supreme Court and has summary of what how things went yesterday in his article over at PJ Media.

One interesting quote in particular from the article:

Both before and after the arguments, I had revealing conversations with a liberal professor in the courtroom.  He agreed that the government’s chief problem is that it had not provided a limiting factor or boundary line in any of its previous arguments.  Thus, if the Supreme Court agrees that Congress has the power to compel the purchase of an insurance policy from a private company, it could compel the purchase of virtually anything considered good or prudent.  After the arguments ended, the professor agreed that Verrelli had been unable to come up with a concise and reasonable answer to that question, which was asked of him multiple times by different justices.

January 17, 2012 In Estate Planning, Uncategorized

Too Many Cooks in the Kitchen

Too Many Cooks in the Kitchen

There are a lot of different phrases and slogans to describe a situation where you have too many people in charge. Democracy may be preferable in some situations, but your estate plan is often not one of those situations. People often tell me they want to be fair so they want to name all their children as executors, trustees or powers of attorney at their death or incapacity. They feel that naming everyone will insure that things go smoothly and that there is no tension among the siblings that one child was treated preferentially. In fact, naming multiple children does not relieve tension or promote harmony…it creates tension, confusion and sometimes complete chaos.

As I frequently tell the disgruntled sibling who is upset that his or her brother or sister was named as trustee or executor, serving in these roles is a job, not a privilege. As a beneficiary, you get to sit back, let someone else do the work and then collect the proceeds. As an executor or trustee, you have to do all the work, deal with the disgruntled beneficiaries and then receive, in many cases, the same proceeds as the person who got all the benefits without any of the work.

The decision as to who will serve in these important roles is a big decision and should not be taken lightly. But in many cases, less is more. One person or entity is often the best choice. Two can insure that checks and balances are in place in case one person is out of line. More than two guarantees administrative headaches, fighting and taking sides. The administrative process of probate and trust administration is challenging enough because it usually involves families and money, two very emotionally-charged topics. When you add the grief from the loss of a loved one, too many cooks in the kitchen adds insult to injury. Instead of looking at what will be viewed as the most fair, consider who is the best-suited for the task and the most able to navigate family issues and money. In so doing, the result is often more fair for everyone. Unfortunately, fair or not, too many cooks in the kitchen rarely leads to a desirable result.

January 9, 2012 In Uncategorized

Texting while driving… some practical solutions

Texting while driving… some practical solutions

Every cell phone owner has repeatedly heard about the dangers of texting while driving, yet texting continues to be one of the major contributing factors in vehicle accidents.  Here are some eye-opening facts that show the true dangers of texting while driving:

  • Five seconds is the average time your eyes are off the road while texting. When traveling at 55mph, that’s enough time to cover the length of a football field. (2009, VTTI)
  • A texting driver is 23 times more likely to get into a crash than a non-texting driver. (2009, VTTI)
  •  Of those killed in distracted-driving-related crashes, 995 involved reports of a cell phone as a distraction (18% of fatalities in distraction-related crashes). (2009, NHTSA)
  • Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. (2005, Insurance Institute for Highway Safety)
  • 49% of drivers with cell phones under the age of 35 send or read text messages while driving. (2011, Harris Poll)
  • 60% of drivers use cell phones while driving. (2011, Harris Poll)

While the best solution is to turn your cell phone off as you drive, here are a few free smart phone apps that have been designed to lessen the dangers associated with texting while driving:

  • http://www.parkthephone.org/ – This free app is great for parents of teenage drivers.  It has the ability to detect when a person is in a vehicle, and if the person is driving, the app will silence the phone, auto reply to text messages, send calls to voice mail, and monitor speed and report speeding exceptions [Note: this app is not yet available for the iphone].
  • http://www.drivesafe.ly/ – DriveSafe.ly™ is a free mobile app that reads text (SMS) messages and emails aloud in real time and automatically responds without drivers touching the mobile phone.
  • http://www.vlingo.com/ – This app has been likened to Siri on the iPhone 4S.  For driving purposes, this app will allow you to speak a text message or ask for directions without having to type anything on your phone.

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