R. Steven Waldron, Attorney at Law R. Steven Waldron, Attorney at Law 2026-10-16T08:22:40Z https://www.waldronfann.com/feed/atom/ WordPress /wp-content/uploads/sites/1504116/2024/08/waldronicon.png On Behalf of R. Steven Waldron, Attorney at Law <![CDATA[Helmet laws and comparative fault: Your right to recover damages]]> https://www.waldronfann.com/?p=49086 2026-10-09T17:16:53Z 2026-10-09T17:16:53Z Partial fault and your compensation Tennessee’s modified comparative fault rule permits you to recover damages only if your share of responsibility for your injuries is less than 50%. At 50% or more, you receive nothing, while a lower percentage reduces your compensation by the same proportion. For example, a jury might value your losses at $100,000 and assign you 20% of the fault. The court would then subtract $20,000 from the award, leaving you with $80,000.

Required and recommended motorcycle equipment

Motorcycle operators and passengers in Tennessee generally must wear a helmet that meets approved safety standards. State law also requires eye protection unless the motorcycle has a windshield. Failing to comply is a Class C misdemeanor, but it does not by itself establish that you caused a collision. Safety manuals recommend other equipment, including sturdy jackets, gloves and boots, but Tennessee law does not require those items. An insurer cannot treat their absence as a statutory violation, although it may still argue that riding without them was unreasonable and contributed to your injuries.

Insurer arguments about equipment choices

Insurance companies often cite a missing helmet to argue that you bear a larger percentage of fault. The issue is whether going without it made your injuries more severe, which differs from deciding who caused the collision. A driver who turns left across your lane can cause a crash whether or not you wore protective gear. The insurer must show that wearing the equipment would have prevented or reduced a specific injury, such as head trauma. Riding without a helmet would not ordinarily worsen a broken leg.

Legal challenges to unfair blame

A personal injury attorney can contest an inflated fault allegation by asking the insurer to support its percentage with evidence. Accident reconstruction helps establish how the collision occurred, while testimony from physicians addresses whether a helmet or other gear would have reduced your injuries. If the insurer refuses to make a reasonable settlement offer, a lawyer can pursue compensation through a lawsuit. Tennessee generally allows one year from the crash to file a personal injury lawsuit, although certain exceptions may extend that period.]]> On Behalf of R. Steven Waldron, Attorney at Law <![CDATA[What if you were hurt while offsite or traveling for work?]]> https://www.waldronfann.com/?p=49080 2026-10-09T17:16:09Z 2026-10-05T07:54:24Z Your employer cannot simply claim that you were “off the clock” to deny you workers’ compensation. If you sustain injuries while traveling for work or working off-site in Tennessee, double-check your coverage. You may still qualify for workers’ compensation even if your accident was outside your workplace. Workers’ compensation denials are common for workers who require frequent travel, as accidents tend to occur off-site. However, Tennessee law recognizes important exceptions.

The “coming and going” rule

Generally, injuries sustained during routine commutes are not compensable. In Tennessee, this is known as the “coming-and-going rule.” Many employers use this rule as a shield to deny legitimate claims. However, if travel is a primary part of your employment, this rule may not apply. For instance, if your employer provides a company vehicle or compensates you for travel time, your legal protection begins as soon as you start your journey, not when you step foot on company premises.

When are you covered?

You likely qualify for workers’ compensation if your situation falls under these common exceptions:
  • On a special mission or errand: If your employer sent you on an unusual work assignment outside your normal duties, such as traveling to meet a client, then travel counts as work time and you are protected.
  • Using a company vehicle: If you drive a company vehicle and must take it home, injuries during your commute are usually covered. This exception recognizes that you provide a benefit to your employer by keeping the vehicle ready for immediate use.
  • Traveling or working at multiple locations: If your role requires regular travel to multiple locations or job sites, the coming-and-going rule does not apply. 
  • Paid to travel: If your employer pays for your travel time or reimburses mileage,  your travel is considered work-related and therefore compensable.
If you believe you qualify for benefits, document the incident and do not be afraid to report the incident to your employer. Filing a formal report with the employer can help you prove your claim. It can also serve as evidence if you choose to appeal if denied.

Appealing a denial

The state gives you the right to appeal if your employer denies your claim based on location. You can file a Request for Mediation through the Tennessee Bureau of Workers’ Compensation. To do this, you will need to provide evidence that supports your claim that your travel qualifies for benefits. You do not need to accept a denial as the final word. With the law protecting your rights during work-related travel, off-site injuries do not automatically disqualify you from benefits. Consider seeking a legal professional experienced in workers’ compensation to know more about your options and strategies.]]> On Behalf of R. Steven Waldron, Attorney at Law <![CDATA[Why Maximum Medical Improvement is a critical stage of a claim]]> https://www.waldronfann.com/?p=49077 2026-07-21T15:06:39Z 2026-07-21T14:57:39Z Your temporary checks could end MMI may mark the end of temporary disability payments. Losing those checks can create sudden financial pressure if you have not returned to full wages. Household expenses may continue even as this source of income ends.

Your impairment rating may affect the claim

After MMI, the authorized physician can evaluate any permanent impairment. In Tennessee, that rating and vocational factors may influence an award for permanent disability benefits. The calculation generally follows the applicable edition of the American Medical Association’s impairment guides. A lower percentage often reduces the resulting disability award. However, the rating might not fully reflect how weakness or pain affects your actual job. Comparing the medical findings with your daily limitations can show how the injury alters your work.

Settlement pressure can arrive too soon

An insurer might discuss a lump-sum resolution soon after the doctor declares MMI. The offer may seem attractive when temporary payments have ended and household expenses continue. Nonetheless, the long-term effects of an injury may not be clear at that moment. Suppose persistent knee pain later requires more treatment or makes physical work impossible. A settlement that closes future medical coverage could leave you responsible for those costs. Before agreeing, you should understand which benefits remain open and which rights the agreement ends.

Permanent restrictions may limit your work

At MMI, the doctor may assign permanent restrictions along with an impairment rating. Limits on physical tasks could change the duties you can perform. Comparing those restrictions with the demands of your former position can clarify how the injury may shape your return to work.

Careful review can protect your future

MMI often shifts the focus from recovery to the injury’s lasting effects. That transition can influence earnings, job duties and access to care for years. Since these effects may extend beyond the end of treatment, legal guidance can help you assess the impairment findings, calculate potential benefits and examine settlement terms before you sign. A thorough evaluation gives you a clearer basis for decisions that could have permanent consequences.]]> On Behalf of R. Steven Waldron, Attorney at Law <![CDATA[Why your employer’s physician list isn’t the only option after a Tennessee work injury]]> https://www.waldronfann.com/?p=49075 2026-05-04T03:25:02Z 2026-05-04T03:25:02Z After a workplace injury in Tennessee, many employees in Murfreesboro assume that they must stick with a “company doctor” selected by their employer. That belief often comes from receipt of a C-42 form, which lists a panel of preferred physicians the employer has chosen. While the Panel of Physicians disclosure is a mandate of the workers’ compensation system, it does not mean you are without options if your care feels rushed, dismissive or overly focused on returning you to work too quickly. Under Tennessee law, if you’ve been injured or made ill as a result of work-related activity, your employer must provide a panel of at least three independent physicians for you to choose from after a reported injury. You have the right to select the doctor you feel most comfortable with from that list. Once you make that choice, that physician becomes your authorized treating doctor, and their opinions will carry significant weight in your claim, especially when it comes to work restrictions, treatment plans and permanent impairment ratings. However, concerns sometimes arise after treatment begins. Some injured workers feel that their doctor is minimizing symptoms, delaying necessary testing or prioritizing the insurance company’s interests over patient recovery. When that happens, it is important to know that you are not automatically locked into a particular provider forever.

What can be done?

One option is to request a second opinion. In certain situations, especially when surgery is recommended or disputed, Tennessee law allows for an additional evaluation. Even outside of those circumstances, concerns about inadequate care can be raised with an employer, insurance carrier or the Bureau of Workers’ Compensation. Documenting your symptoms, missed diagnoses or communication issues can help to support a request for a change in physician. Your authorized doctor’s opinions can also be challenged. If a physician releases you to return to work prematurely or assigns a low impairment rating that does not reflect your condition, those findings are not necessarily final. Independent medical evaluations and additional expert opinions may be used to provide a more accurate picture of your injury and recovery needs. Navigating medical care after a work injury can be frustrating, especially when it feels like your recovery is not the priority of those tasked with providing your care. Understanding your rights within the Panel of Physicians system, including the ability to seek second opinions and challenge inadequate care, can make a meaningful difference in both your health and the outcome of your claim. ]]> On Behalf of R. Steven Waldron, Attorney at Law <![CDATA[5 signs you might need to hire a workers’ compensation lawyer]]> https://www.waldronfann.com/?p=49020 2024-12-26T18:44:29Z 2024-12-26T18:44:29Z Workplace injuries happen all the time – and they’re costly to both the injured workers and their employers alike. It’s estimated that workplace injuries cost companies in this country around $163.9 billion in losses every year. As you can imagine, businesses and their insurers are eager to limit their losses, and that means that many valid workers’ compensation claims can be denied for frivolous reasons. While the system is supposed to be designed to help injured workers, sometimes the process doesn’t go as smoothly as it should. Here’s when it may be time to call in a professional:

1. Your claim was denied

It’s a gut punch when you file a workers' comp claim, thinking you'll get the help you need, only to have it rejected. Employers or insurance companies sometimes deny claims for reasons like late paperwork, disputes about how the injury happened or claims that your injury isn’t work-related. A lawyer can figure out what went wrong and help you appeal the decision.

2. Your benefits aren’t adding up

If your checks don’t seem to match what you’re owed or if you’re not getting all the benefits you expected (like covering all your medical bills), it’s worth a second look. A lawyer can ensure you’re getting every dollar you’re entitled to receive.

3. You’re getting pressured to settle up

Insurance companies love a quick settlement, but that’s seldom in your best interest. If you’re feeling pressured to sign your rights away on the dotted line before you’re ready – or before you even know the full extent of your injuries – stop and get legal advice first.

4. Your employer seems to be playing games

Maybe your boss is downplaying your injury, blaming you for the accident or refusing to file your claim. Red flags like these often mean you need someone on your side to stand up for your rights and fight the battle. Some workers face retaliation for filing a workers' comp claim – things like reduced hours, demotion or even termination – which is illegal.

5. Your injury is serious or has long-term consequences

If your injury is life-altering or might require permanent changes to your work or daily life, your case will be more complicated. A lawyer can help calculate the long-term costs, like lost wages and future medical care, to make sure you’re covered. Ultimately, the workers’ comp process can be confusing. Deadlines, paperwork and not knowing what compensation you’re really owed can get overwhelming fast. If you’re feeling lost and unsure what to do next, it’s time to bring in the appropriate legal guidance.]]> On Behalf of R. Steven Waldron, Attorney at Law <![CDATA[Are car safety systems enabling distracted drivers?]]> https://www.waldronfann.com/?p=48996 2024-10-01T18:17:50Z 2024-10-01T18:17:50Z Key takeaways from the IIHS studies The IIHS highlights several behaviors that some drivers adopt when using partial automation systems, such as adaptive cruise control and lane-centering. Here are a few of the troubling findings:
  • Drivers are likelier to engage in non-driving activities like checking phones, eating or grooming.
  • The tendency to multitask increases as drivers become more comfortable with the automation system.
  • Some drivers learn to game the system, performing just enough actions to prevent warnings while continuing to be distracted.
  • In the Tesla Autopilot study, drivers often received attention-related warnings and sometimes ignored them, leading to system lockouts.
These behaviors show a disturbing adaptation to partial automation systems that could lead to more accidents if not properly addressed.

Safeguards that could improve highway safety

To tackle these issues, the IIHS and other safety organizations recommend several steps to reduce distracted driving. The recommendations include:
  • Enhanced attention monitoring: Use advanced sensors and AI to better detect distracted driving, not just relying on steering wheel torque.
  • Stronger alerts: Implement more aggressive and varied alert systems to ensure drivers remain attentive.
  • Driver education: Educate drivers on the importance of staying engaged even when using automation systems.
  • Policy changes: Advocate for stricter regulations around the use of partial automation systems to ensure safe use of them.
  • System improvements: Continuously update the software to improve lane-centering and attention reminders to make misuse harder.
Safety groups say implementing these safeguards can help ensure that partial automation systems enhance safety rather than detract from it.]]> On Behalf of R. Steven Waldron <![CDATA[Ladies’ Night Out At A Tennessee Bar Results In Death From A Flying Car]]> https://www.waldronfann.com/?p=48689 2024-08-20T17:14:25Z 2024-07-24T09:40:04Z Widner v. Chattanooga Entertainment, Inc., had that scenario as a backdrop in a suit against the Electric Cowboy, the bar where the drinks were bought for the woman and her friends. The question for the court was whether the bar could be held responsible for the wrongful death of the victim due to the amount of alcohol consumed by the women there.

Bar Did Not Know Where The Shots Were Going

On the night in question, the group of women described their activities in the bar, meeting up with some men, and dancing and socializing with them. The woman who later caused the accident that killed the victim stated that she drank a total of nine shots which were bought in rounds for the group by the men. She and the other women left their wallets and their money in their vehicles before entering the bar, and did not buy any drinks. The Electric Cowboy, in testimony by its wait staff, countered that the woman was not served any drinks directly by the wait staff, did not order any from them, and did not pay for any of the drinks she consumed that night. The bar said that the plaintiff was trying to create “new law” that a bar should be liable if a patron buys and pays for drinks and then disperses them to another patron who becomes drunk and is involved in a motor vehicle accident.

What Was The Cause Of The Accident Under Tennessee Law?

Drinking establishments cannot be held responsible for injuries resulting from a patron’s intoxication under Tennessee’s “Dram Shop” law, except under certain circumstances. One of them is serving a minor, and the other is serving drinks to a visibly intoxicated person. The philosophy of the Tennessee Legislature rested on the common-sense notion that it would be impossible to prove that the bar’s furnishing of alcohol caused the injuries inflicted on a person by an intoxicated person. The bottom line for the lawmakers was that even if the harm was foreseeable, merely selling the liquor was not a basis to hold a bar liable. However, the situation in the Widner case turned on whether the Electric Cowboy could be liable for the accident caused by a person who was bought the drinks by others. In this case, the sellers had no knowledge of the second-hand furnishing of drinks to the woman who later caused the accident, and so came within the protection of the law. A car flying into your home in the middle of the night is a frightening and unexpected occurrence, but the situation of bars selling too many drinks to a patron is quite common. If you or a loved one is injured or killed by a drunk driver, it is essential to obtain experienced legal representation to make sure all parties who may be responsible are taken to task, including the seller of alcohol to the drunken patron.]]> On Behalf of R. Steven Waldron <![CDATA[Study: Cognitive Distractions Pose A Serious Risk For Tennessee Drivers]]> https://www.waldronfann.com/?p=48690 2024-08-20T17:14:36Z 2024-07-24T09:40:04Z What Are Cognitive Distractions? Cognitive, or mental, distractions are those activities that take drivers’ attention off their primary task of driving. These includes texting, talking on cellphones or reading emails, among other tasks. When people’s attentions are diverted, they may not spot hazards that appear on the roadways or recognize changes in driving conditions. Consequently, they may be involved in auto accidents.

Examining The Effects Of Cognitive Distractions

Researchers from the University of Utah conducted a study with the AAA Foundation for Traffic Safety in order to measure the effects of cognitive distractions on drivers. To accomplish this, they asked participants in the study to perform eight different activities in a lab, a driving simulator and an instrumented vehicle. This included listening to an audiobook, talking with a passenger, having a conversation on a handheld cellphone and on a hands-free device, and using speech-to-text technologies. In order to establish a scale by which to measure these distractions, the researchers asked the study’s participants to drive with no distractions and to drive while performing a complex math and verbal problems.

Cognitive Distractions Cause Driver Impairments

Based on the study’s findings, cognitive distractions pose a significant risk to drivers. As a result of these types of activities, motorists may experience impairments including the following: • Slowed reaction times • Missed visual cues • Decreased visual scanning ability • Lessened activity in the areas of the brain that are necessary to drive safely The study found there was some level of impairment associated with all of the cognitive distractions that were evaluated. Of these, the use of talk-to-text technologies were found to be the most distracting. Using handheld and hands-free cellphone devices also caused substantial distractions and impairments for motorists. Distracted drivers may be at an increased risk for causing motor vehicle collisions, which may result in serious injuries or death for those involved.

Obtaining Legal Representation

When people in Tennessee are involved in distraction-related collisions, they may suffer serious injuries that require extensive medical treatments. For some, this leads to undue medical expenses and lost income. In some situations, however, the distracted drivers may be held responsible for these, and other resulting damages. Thus, it may be helpful for people who have been injured in distracted driving accidents to consult with an attorney. A legal representative may help them to understand their options for seeking financial compensation.]]> On Behalf of R. Steven Waldron <![CDATA[Truck Driver Errors And Inattention A Serious Threat To TN Drivers]]> https://www.waldronfann.com/?p=48691 2024-08-20T17:14:48Z 2024-07-24T09:40:04Z large truck accidents present a significant threat to local drivers. A tragic Hawkins County accident recently illustrated the risk of unnecessary truck accidents. According to WJHL, a truck driver tried to turn across traffic, realized he could not perform the maneuver and turned back around. While turning, the truck hit an oncoming car head-on, killing the 18-year old driver and injuring two passengers. Sadly, accidents like this that stem from errors or poor decisions on the part of commercial drivers are not so uncommon.

Decision And Response Errors

The results of the Large-Truck Crash Causation Study, conducted by the National Highway Traffic Safety Administration, helps shed light on the role commercial driver mistakes often play in accidents. The project surveyed over 1,000 crashes, analyzing hundreds of potential variables in each crash. Researchers found that many accidents are not due to uncontrollable factors, such as environmental conditions or equipment failure. Truck driver decisions or mistakes contributed substantially to accidents, as these figures reveal:
  • Driver-related factors, including recognition errors and decision-making errors, played a role in over one-third of two-vehicle accidents.
  • Recognition errors, which involve distraction or failure to properly analyze a situation, represented 29 percent of truck driver errors.
  • Decision errors, such as misjudging road conditions or the intentions of other drivers, accounted for 34 percent of the mistakes truck drivers made.
  • Physical impairments and accidental performance errors, such as overcompensating, were much less common, accounting collectively for just 25 percent of accidents.
Truck driver mistakes can cause devastating accidents even when the drivers are paying full attention. When drivers are distracted, the likelihood of a serious accident is even worse. Past studies have found that as many as 78 to 81 percent of large truck crashes or “critical events,” which are near-accidents, involve some form of distraction, according to Driver Distraction in Commercial Vehicles report, which was a Federal Motor Carrier Safety Administration study. Sadly, when professionals drivers knowingly make dangerous decisions or simply fail to make the correct decision, other motorists are likely to suffer the worst outcomes.

Steep Consequences For Others

During large truck accidents involving two vehicles, the occupants of the smaller vehicle most often suffer injuries or fatalities. According to the Insurance Institute for Highway Safety, large trucks can weigh 20 to 30 times more than smaller vehicles, which can make accidents catastrophic. In 96 percent of fatal large truck accidents in 2012, people other than the truck driver suffered from fatal injuries. Though large trucks only played a role in 10 percent of all car accidents that year, they caused 23 percent of the passenger vehicle deaths that occurred in accidents involving multiple vehicles. Considering the severity of many truck accidents, it is crucial that victims who were wrongfully injured or lost a loved one receive any compensation they may be due. Anyone who has been hurt in a large truck accident should discuss pursuing compensation with a lawyer. Keywords: truck, accident, injury]]> On Behalf of R. Steven Waldron <![CDATA[Single Unit Trucks Just As Dangerous As Tractor Trailers]]> https://www.waldronfann.com/?p=48692 2024-08-20T17:14:58Z 2024-07-24T09:40:04Z fatal truck accidents involving passenger vehicles when the numbers are adjusted for the number of vehicles registered and miles traveled. The study, entitled Crashes Involving Single-Unit Trucks that Resulted in Injuries and Death, also found that drivers of single unit trucks were more likely to have invalid licenses than those who driver larger vehicles. As a result of the study, the NTSB recommended that federal agencies, including the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, take several steps. The NTSB recommendations include:
  • Mandating the installation of systems on single unit trucks that allow for the detection of motorcycles, bicycles and pedestrians
  • Requiring side and rear under ride guards on all new single unit trucks
  • Improving data collection efforts by federal and state authorities to better track information regarding accidents caused by single unit trucks
The FMCSA, NHTSA and the U.S. Department of Transportation are still working to analyze the findings of the study and the feasibility of the NTSB’s recommendations. For now, however, some safety experts are recommending that the Federal Motor Carrier Safety Administration expand its commercial licensure requirements to smaller, single unit trucks. So far, trucking organizations such as the NAFA Fleet Management Association have offered vocal criticism of the study. This organization’s primary objection to the study’s methodology is that it makes no differentiation between single unit truck drivers who are part of a fleet and those who are not. Some of the statistics, the association argues, may even include information about drivers who have received no formal commercial truck driving training. They have advised the FMCSA, the NHTSA and the DOT to exercise caution in adopting the NTSB’s recommendations without further research. It is currently unclear whether the federal agencies regulating the trucking industry are likely to act in an effort to curb single unit truck crashes. Given the large number of crashes, however, it seems that a solution is necessary.]]>