Tennessee Injury Lawyer Blog

When wrongful death lawsuits arise as a result of reckless, careless or negligent driving the family may often be so traumatized they fail to pursue any legal action. Contrary to popular belief, promulgated by insurance companies, many people who suffer the death of a family member in an auto accident never file a claim or lawsuit. The family is often so overwhelmed that any legal action is out of the question, because no lawsuit or amount of money is going to bring the deceased back.

While understandable, the decision to forego legal action means that the family and survivors are deprived of the income lost and a sense of what many victims call closure, or justice. Often a family member will seek out a lawyer many months or years after the loss, only to find out that evidence has been lost, insurance adjusters are reluctant to open old claims, legal deadlines have elapsed etc. Indeed, one of the most common causes of our lawyers rejecting a claim is that it is too old. Thus, it is advisable to contact counsel as soon as possible after a fatal accident.

Although every state has different laws, fatal auto accident claims all share several common features:

1) The death means that there will be police involvement and records that need to be secured right away.

2) In all likelihood one of the operators will be found at fault; an accident cause will be found.

3) The severity of the loss will trigger an aggressive response by insurers to protect themselves from any liability.

4) The case will, as with any claim over one million dollars, require the help of an attorney experienced with complex injury litigation. The attorney will need to hire an independent expert in accident reconstruction to establish the cause of the death.

If you have lost someone special in your life because of a vehicle accident let Baker Associates help you today. We have experienced attorneys standing by ready to provide legal assistance. Visit our web-site at www.joebakerlaw.com or call us anytime at 865-428-2888.

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Each year thousands of injuries occur as a result of motor vehicle accidents. East Tennessee roads are subject to heavy traffic and road work that continues almost year round. Heavy traffic coupled with constant road construction creates dangerous driving conditions that Tennessee motorists have to contend with on a daily basis.

Listed below are some road closures provided by highwayconditions.com. The closures listed below provide an example of how congested the roads in East Tennessee are. This is why motorists in Knoxville, Sevierville, Gatlinburg, and Pigeon Forge must take every precaution necessary to ensure their safety while driving throughout East Tennessee.

Interstates through Knoxville and Knox County

SmartFIX40 Project: I-40 between I-275 and Rutledge Pike

City surface streets throughout the SmartFIX 40 Project:
Motorists should be alert for possible lane closures and changing conditions through this area for roadway widening and utility work.

James White Parkway is open.

Northbound James White Parkway will only carry traffic to I-40 EAST. Motorists wishing to access I-40 West should continue to follow Hall of Fame Drive to I-40 West. Motorists in the Downtown area may also access I-40 West from Alcoa Highway and Henley Street. Access to I-40 West from Northbound JWP will be made available in May 2008.

I-40 East & West between I-275 & Cherry Street Exits:

Motorists should be alert for lane shifts, slowed traffic, sudden stops and use extreme caution through this area. Thru traffic on I-40 may use I-640 to avoid this work zone.

I-40 West between Cherry Street & Hall of Fame Drive Exits:

December 5: There will be a right lane closure, 7 p.m.-6 a.m., as crews reset barrier rails. Bbe alert for sudden stops, use extreme caution, and expect minor delays. Thru traffic on I-40 may use I-640 to by-pass this area.

For information on the SmartFIX40 project and maps of detours, motorists can go to the SmartFIX40 website at www.smartfix40.com

Personal injury attorneys at Baker Associates will fight for adequate compensation for you or a loved ones losses. We have offices located in both: Knoxville and Sevierville, but conduct investigations, trials, and interviews throughout East Tennessee.

If you have been injured as a result of a car or truck accident call Baker Associates today and receive the legal guidance you deserve. Our licensed Tennessee attorneys are standing by to help you immediately.

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Licensed attorneys at Baker Associates are standing by to assist you throughout your recovery process. Baker Associates have handled hundreds of personal injury cases and know when and how to settle cases in an approach that best represents your needs. In most personal injury cases, including motor vehicle accident cases of all types, you may be entitled to recover general damages for your pain and suffering, emotional distress, disability, permanent disfigurement, scarring, loss of opportunity to enjoy life, interference with the husband/wife or parent/child relationship, wrongful death, loss of services, dismemberment and any other type of general damage that deals with an injury which you can think of. You may also be entitled to recover special damages which are past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses. It is your attorney's obligation to properly prepare your case and determine what these damages are. This usually takes place after your medical condition is stabilized.

At the point when your medical condition stabilizes, which means you will not get any better or worse, your attorney should speak to your doctors and obtain medical reports regarding your prognosis. At the conclusion of your recovery, the attorney shall put together a settlement demand package to try and resolve your case with the insurance company. From that point forward, negotiations will take place. Your attorney should be goal oriented to maximize your RECOVERY.

If your case does not settle, your attorney will file suit and proceed to trial. Many times an insurance company will not pay you what you deserve to recover until your case is set for trial or close to trial. Insurance companies know which attorneys take cases to trial and which attorneys settle cases. Those attorneys, who proceed and prepare a case as though it shall proceed to trial, will likely recover more money for you than a settlement lawyer. It behooves all attorneys to try and settle cases. However, if cases do not settle in a reasonable period of time, it behooves everyone to file suit and prosecute your case, preparing for trial.

The above mentioned facts are just some of the reasons that it is important to contact a licensed Tennessee attorney. Attorneys at Baker Associates are willing to fight for the compensation you deserve. You may visit our web-site at www.joebakerlaw.com or call us at 865-428-2888.

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Thousands of speeding tickets are issued every year in Tennessee. Drivers should be particularly careful while driving through Knoxville, Sevierville, and Gatlinburg Tennessee. Local police are aware of the high volume of traffic that passes through the region and understand the potential risks associated with a high volume of traffic as it relates to accidents. Automobile accidents are a threat that should not be overlooked. If you have been injured in an automobile accident, call Baker Associates for a free consultation. Our attorneys understand the law and know how confusing the law may be. Let us help you through the hard times.

In 1996, the cost of crashes involving speeding was estimated to be $28.8 billion. However, only limited information is available on driver attitudes and behavior regarding speeding and other forms of unsafe driving behavior, including those typically identified as aggressive driving, e.g., tailgating, weaving, running red lights, and making angry, insulting, or obscene gestures to other drivers. To help provide information in this important area, the National Highway Traffic Safety Administration (NHTSA) commissioned a national survey of the driving public to determine:

• the wide range of driver attitudes about speeding and other forms of aggressive/unsafe driving behavior;

• commonly occurring situations in which unsafe driving occurs;

• driver characteristics associated with those who commit these types of infractions; and

• the types of countermeasures the public believes are acceptable and effective for countering such behaviors.

Research of this nature supports NHTSA-sponsored efforts to more precisely specify targets (e.g., drivers, situations), and develop new or refine existing countermeasures that, ultimately, may reduce the occurrence of fatalities and injuries resulting from unsafe driving practices.
Speeding has been implicated as a contributing factor in about one-third of all fatal motor-vehicle crashes. In addition, increased attention has been given to other unsafe driving actions -- running red lights, tailgating, cutting other drivers off, etc. -- that may lead to crashes.

Source: www.fmcsa.dot.gov

Call Baker Associates today for a free consultation. Our attorneys understand the law and are standing by to help you immediately.

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School buses are the safest way to travel to school. Nonetheless, an average of 20 students are killed every year — five while riding the bus and 15 run over by buses while getting on or off them. The image of students killed or injured in bus accidents can make parents shudder. Below are a few short descriptions of accidents involving buses in Tennessee within the past year.

See www.knoxnews.com to read more regarding the injured Tennessee child.

• Two students were killed April 28 in Arlington, Va., when a school bus collided with a garbage truck.

• A school bus equipped with seat belts in New York City flipped April 26. The 44 sixth-graders on board suffered minor injuries.

• A 16-year-old high school sophomore died March 29 in Ripley, Okla., when a bus struck a flatbed truck. The driver of the truck also died. The bus driver faces charges of negligent homicide.

New national data show school bus-related accidents send 17,000 U.S. children to emergency rooms each year, more than double the number in previous estimates that only included crashes. Nearly one-fourth of the accidents occur when children are boarding or leaving school buses, while crashes account for 42 percent, the new research shows.

Slips and falls on buses, getting jostled when buses stop or turn suddenly, and injuries from roughhousing are among other ways kids get hurt on school buses, the data found. Injuries range from cuts and sprains to broken bones, but most are not life-threatening and don’t require hospitalization. And while the numbers are higher than previously reported, they represent a small fraction of the 23.5 million children who travel on school buses nationwide each year.

Source: MSNBC.com
Link to article: http://www.msnbc.msn.com/id/15581273/

If you or a loved one have been injured in an accident involving a school bus, do not hesitate to call our accident attorneys at Baker Associates. Attorneys at Baker Associates understand how the law may be confusing and difficult to understand. Call (865) 428-2888 or visit our web-site today, and let us help you through the difficult times.

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People often wonder, "what exactly is a personal injury lawyer?" A personal injury lawyer is one who accepts cases wherein a claimant or "plaintiff" is a victim of an injury. The injury is alleged to have been caused by the fault of another and through no fault of the victim. A personal injury lawyer will either work with the opposing party or their insurance company to achieve a resolution of a personal injury claim by settlement.

However, if settlement is not possible, a personal injury lawyer will take the personal injury claim to trial in front of a jury. A personal injury lawyer may accept the following types of personal injury cases: auto accidents; trucking accidents; bicycle accidents; motorcycle accidents; boating accidents; product liability claims; medical malpractice claims; slip and fall cases; falling merchandise cases; food poisoning cases; and many others. To speak with a licensed Tennessee personal injury lawyer...

Trust your case to Baker Associates if you or a loved one has been injured in an automobile accident. Our experienced attorneys have handled these types of cases before and are willing to fight for the compensation you deserve. Call Baker Associates at 865-428-2888 or visit our web site at www.joebakerlaw.com for you free, no hassle, consultation.

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An automobile accident is always stressful. You are not alone. Licensed Tennessee attorneys located near Sevierville Tennessee have prepared some steps to help guide you through some of the precautions you should take to insure that your property damage claim is handled speedily and that your interests are protected.

- You may have the right to have your car repaired at the body shop of your choice. You need not accept the insurance company's property damage appraisal of the actual repair costs. Take your car to your selected body shop, and present a written estimate to the insurance company. Make sure you retain 2 or 3 written estimates from different body shops. Do not rely solely on an insurance company's estimate.

- Be satisfied that your car is returned to pre-collision condition before signing any insurance company check or property damage release. Otherwise, you may waive your right to further repairs.

- Total loss means that the cost of repair exceeds the reasonable retail market value for "your" car in the condition it was in at the time of the accident.

When an accident is someone else's fault, generally that person's insurance company will compensate you directly. Otherwise, your own insurance company may reimburse you for your vehicle, e.g. property damage, if you have the appropriate insurance coverage. A property damage claim is resolved in one of two ways: either your car can be repaired or it will be considered a total loss - meaning that the cost of the repair exceeds the actual value of the vehicle.

Accidents near Knoxville, Tennessee occur daily and it is important that you take the appropriate measures to protect your rights. Knoxville accident attorneys at Baker Associates are experienced litigators that will not settle for less than you deserve. Baker Associates understand that injuries affect you as well as your entire family and friends. Our goal is to help put your life back where it was before the accident.

Contact an Auto Accident Lawyer - An experienced auto accident lawyer will be invaluable in assisting you when filing your auto accident claim.

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Trucking accidents occur frequently and often the injuries sustained are severe. If you or a loved one have been injured in a Trucking accident in Tennessee it is important that you contact a licensed Tennessee attorney so that you receive the legal help that you deserve. Licensed Tennessee attorneys are trained to help innocent victims in trucking accidents. Whether it be a semi-truck or a dump truck the attorneys at Baker Associates are standing by to help you today. Attorneys at Baker Associates, located in Knoxville, Gatlinburg, and Sevierville, are dedicated, ambitious, and enthusiastic attorneys who are ready to fight for the compensation that you deserve.

Attorneys at Baker Associates are standing by and ready to help you immediately. Truck drivers do not have the same visibility and quick reaction maneuverability that smaller vehicles have, which contributes to accidents. When trucking accidents result in a fatality, the majority of the victims are innocent drivers and passengers. Among the most common causes of Semi Truck accidents are:

1. Tired or sleepy drivers
2. Inadequate driver training
3. Trucks with too much weight
4. Trucks that exceed the length and width regulations
5. Brakes that are old and/or need to be replaced
6. Driving in conditions: ex. poor visibility
7. Exceeding the speed limit
8. Failure to yield the right of way
9. Hostile driving behavior
10. Driving under the influence of drugs or alcohol
11. Dangerous or irresponsible driver with a long record of wrecks and fatal traffic accidents
12. Unsafe safety measures, reflectors, lights and other warning devices

If you’ve been injured in a Semi Truck accident, you should file a claim as soon as possible and seek a licensed attorney. In Tennessee, such a claim must be filed within one year of the date when the injury occurred. This is why it is important to speak with a licensed attorney as soon as possible. Attorneys at Baker Associates are licensed Tennessee attorneys that are standing by to help you today. Call 865-428-2888 or visit our web-site at www.joebakerlaaw.com today for a free consultation.

Baker Associates are dedicated attorneys, willing to fight for what you deserve.

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Automobile Accidents in Tennessee involving motor vehicles are something that we do not like to think about. This means that automobile accidents occur at the most unexpected times and everyone should be aware of their legal rights when such an accident occurs. Attorneys at Baker Associates are aware of your legal rights in Tennessee. Baker Associates have offices located in both Sevierville and Knoxville and handle cases from neighboring counties such as: Hamblen, Cocke, Anderson, Blount, and Jefferson.

When wrongful death lawsuits arise as a result of reckless, careless or negligent driving the family may often be so traumatized they fail to pursue any legal action. Contrary to popular belief, promulgated by insurance companies, many people who suffer the death of a family member in an auto accident never file a claim or lawsuit. The family is often so overwhelmed that any legal action is out of the question, because no lawsuit or amount of money is going to bring the deceased back.

Under Tennessee law, it is unlawful for any person to drive or be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequented by the public at large, while:

• The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.08 %) or more; or
• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system. Tenn. Code Ann. § 55-10-401 (2007).

Trust your case to Baker Associates if you or a loved one has been injured by a drunk driver. Our experienced attorneys have handled these types of cases before and are willing to fight for the compensation you deserve. Call Baker Associates at 865-428-2888 or visit our web site at www.joebakerlaw.com for you free, no hassle, consultation.

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Tennessee Personal Injury Attorneys located near Knoxville, Tennessee have the knowledge and skills to conduct a successful Personal Injury Lawsuit. Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property. A personal injury lawsuit may arise from physical or emotional injury. Personal Injury attorneys located near Sevierville Tennessee helps compensate individuals that have been injured as a result of another's negligent or intentional misconduct. Each state may have its own personal injury law so it is very important to visit a licensed Tennessee Personal Injury Lawyer.

For Example: Tennessee uses the modified comparative negligence system. This means that you could be involved in an accident where you could be injured and not receive 100% compensation because you were speeding or talking on your cell phone.
In states that use the modified comparative fault system, an injured party may only recover if it is determined that his or her fault in causing the injury is 49% or less, with the resulting damage award reduced by the injured party’s amount of fault. If the injured party’s fault is greater than 50% then he may not be able to recover any of the damages resulting from the accident.

If you have been injured as a result of a car or truck accident call Baker Associates today and receive the legal guidance you deserve. Our licensed Tennessee attorneys are standing by to help you immediately.

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In a dump truck accident, the chances of personal injury are increased because in these types of accidents the truck is unable to remain upright due to an increase of displaced weight. It is important that you contact a licensed Tennessee attorney so that you receive the legal help that you deserve. Attorneys at Baker Associates are licensed Tennessee attorneys that are willing to help you immediately. Most truck drivers do not have the same visibility and quick reaction maneuverability that smaller vehicles have, which contributes to accidents.

Some of the common reasons a dump truck accident may occur are:

• Drivers under the influence of drugs or alcohol

• Drivers that are under qualified /under trained

• Lack of adequate sleep and rest

• Truck cargo overload

• Driving too closely to other vehicles

• Blind spots

There are safety regulations, such as those developed by the National Highway Traffic Safety Administration (NHTSA), that are intended to help prevent trucking accidents from occurring, however violations of safety recommendations greatly increase the risk of trucking catastrophes. Tennessee truck drivers must assume responsibility to take all measures to avoid trucking accidents and putting other drivers on the road in risk of becoming injured because of an accident.

Due to the large size of trucks, an accident involving a truck can greatly endanger the lives of other smaller vehicles unnecessarily when truck operators fail to consider proper trucking accident prevention measures.

If involved in a trucking accident, file a report to have documentation of the accident occurring and obtain all necessary information. Avoid discussing the events of the incident because whatever you say or document may later be used against you.

Call Baker Associates today and receive the help you deserve. You may also visit our web-site at www.joebakerlaw.com

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East Tennessee hosts millions of tourists each year. Roads in Gatlinburg, Tennessee have views second to none in the country. People travel from all over the South East to travel through the Great Smokey Mountain National Park to relax and enjoy the park’s beauty. Sevierville and Pigeon Forge near Knoxville, Tennessee are also filled with attractions that cause the roads to become congested. This added congestion transforms these roads into a danger zone for motorcycle riders.

Motorcycle accidents differ from automobile accidents. Accidents involving automobiles are less likely to result in death or serious injury compared to accidents involving motorcycles. Motorcycle accidents include elements that are not present in regular auto accidents. The majority of motorcycle accidents result in death or serious injury and motorcyclists have the very real prejudice of law enforcement, accident investigators, insurance company representatives and the juries their faced with.

Realistically, a large majority of motorcycle accidents are caused by other drivers violating the motorcyclist’s right of way.

Things to do if you’re involved in an accident:

• Notify the local authorities that an accident has occurred

• Ask everyone involved and who witnessed the accident for their contact information

• If possible, collect a written statement from the witnesses and take photos of the accident scene

• It is important to seek medical attention if you were injured in the accident because this documents and creates a medical record of your injury. It’s still a good idea to get checked out, even if you do not think your hurt, because you may be in shock and unaware of your injuries.

• Do not admit to any fault regarding the accident

• It is a good idea to try and write down as much as you can remember regarding the accident before you forget important detials of the accident.

Contact Baker Associates at (865) 428-2888 today if you have sustained injuries due to the carelessness of another or through a defective part on your motorcycle.

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