Posted On: November 30, 2007

Impact on Tennessee Residents-Uniform Child Custudy Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 46 U.S. States, the District of Columbia and the U.S. Virgin Islands. As of June 20, 2007 the only states that have not adopted the UCCJEA are: Missouri, Massachusetts, New Hampshire, and Vermont. Puerto Rico has also not adopted the Act.

Tennessee Custudy


The UCCJEA vests exclusive and continuing jurisdiction over child custody in the courts of the child's home state, which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth, for children younger than six months). If the child has not lived in any state for at least six months, then a court that has "significant connections" with the child may assume child-custody jurisdiction. If more than one state has "significant connections" with the child, the courts of those states must communicate and determine which state has the most significant connections to the child.

The UCCJEA replaced the previous Uniform Act the "Uniform Child Custody Jurisdiction Act", primarily because the old act was inconsistent with the federal Parental Kidnapping Prevention Act when determining proper jurisdiction for initial custody determinations. The UCCJEA corrects these problems. The UCCJEA also added a uniform procedure to register and enforce child-custody orders across state lines.

Please contact an experienced Tennessee attorney If you have any questions regarding the UCCJEA.

www.joebakerlaw.com

Source: http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_and_Enforcement_Act

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Posted On: November 29, 2007

Tennessee Traffic Regulations-How Safe Are We?

Speeding has been cited as a contributing factor in nearly one-third of all fatal motor vehicle crashes. 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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Posted On: November 28, 2007

Interstate 40 and Commercial Vehicle Accidents in East Tennessee

It is important that people understand the dangers associated with oversized vehicles, especially Semi-Trucks. East Tennessee roads are particularly dangerous because of their mountainous geography. Also, Interstate 40’s presence through Knoxville, Tennessee produces an added amount of commercial traffic. Interstate 40 is one of the most heavily traveled interstate systems in the country.

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The number of fatal crashes involving large trucks has declined significantly during the past decade, from more than 4 per 100 million miles driven during the 1980s to about 2.5 fatal crashes per 100 million miles now. Despite these improvements, there are nearly 400,000 crashes involving large trucks in the US each year. Of that number, more than 4,000 crashes result in about 5,000 fatalities. Trucks compose about eight percent of all vehicles involved in fatal crashes; however, truck-involved crashes result in twelve percent of the total number of lives lost on the nation’s roads and highways.

Source: www.fmcsa.dot.gov

The attorney's at Baker Associates understand how an injury resulting from an accident can be stressful and confusing. This is why it is important to contact a licensed Tennessee Attorney as soon as possible in order to help assure your maximum amount of legal compensation. Attorneys at Baker Associates are equipped to deal with accidents of this nature. Call Baker Associates at (865) 428-2888 today for a free consultation.


Call (865) 428-2888 or visit www.joebakerlaw.com today and let Baker Associates provide the legal help you deserve.

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Posted On: November 26, 2007

One Bite Rule in Tennessee-a change in law

In June 2007, Tennessee enacted a dog bite statute that rejects the one-bite rule for some dog attacks, but confirms it for others. Under new section T.C.A. sec 44-8-413, dog owners are strictly liable for dog bites and other losses caused by a dog that occur when the dog is not under reasonable control on the dog owner's premises, or when it is running at large off the premises.

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However, the statute affirms the requirement of proving scienter -- in other words, affirms the one-bite rule -- if the accident happens on residential property, a farm, or "other noncommercial property," and the dog belongs to the owner, lessee or invitee of that property. The law contains numerous exceptions and contradictions.

Tennessee's dog bite statute is the only one in the USA that contains a "residential exclusion" (meaning a provision stating that strict liability applies except when the dog bite occurs upon the premises where the dog owner lives). It is confusing that our legislature passed such a bill, considering over 50 percent of bites occurs on the dog owner’s property. (See Insurance Information Institute, Dog Bite Liability accessed 8/30/07.)

This means that the residential exclusion shall leave over 50% of victims in Tennessee without compensation. The people who will benefit under this unique exception are particularly puzzling: guests in a dog owner's home are cut out of his insurance policy, while strangers he encounters while walking his dog on the street are fully covered for their injuries.

If you have been injured by a dog and have questions regarding Tennessee Law call Baker Associates today. We have experienced attorneys standing by to assist you throughout any complex or confusing legal matters that you may encounter.

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Posted On: November 21, 2007

Tennessee False Imprisionment Action

A police officer may, without warrant, arrest a person: (i) for a public offense committed or a breach of the peace threatened in the officer’s presence; (ii) when the person has committed a felony, although not in the officer’s presence; (iii) when a felony has in fact been committed, and the officer has reasonable cause for believing the arrestee has committed it; or (iv) on a charge made, upon reasonable cause, of the commission of a felony by the arrested person.

Tenn. Code Ann. Sec. 40-7-103

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A private citizen may arrest another: (i) for a public offense committed in his presence; (ii) when the arrested person has committed a felony, although not in his presence; or (iii) when a felony has been committed, and he has reasonable cause to believe that the arrested person committed it. Tenn. Code Ann. Sec. 40-7-109

A case for false imprisonment may be established by proving the following elements:

1) An act or omission to act on the part of the defendant that confines or restrains the plaintiff to a bounded area;

2) Intent on the part of the defendant to confine or restrain the plaintiff to a bounded area; and

3) Causation.

Methods of confinement or restraint- An actionable confinement or restraint may occur in many ways.

1) Defendant may falsely imprison plaintiff by confining him through the use of physical barriers.

2) False imprisonment will result where plaintiff is restrained by the use of physical force directed at him or a member of his immediate family. All action may also lie if the force is directed against plaintiff’s property.

3) Direct threats of force by the defendants to the plaintiff’s person or property or against persons of the plaintiff’s immediate family can constitute false imprisonment.

4)False imprisonment can also arise from indirect threats of force.

5) Failure to provide means of escape. Where plaintiff has lawfully come under defendant’s control and it would be impossible to leave without defendant’s assistance (and it was understood between the parties that such assistance would be forthcoming), the withholding of such assistance with the intent to detain plaintiff will make defendant liable. In short, the courts impose an affirmative duty on the defendant to take steps to release the plaintiff. If defendant intentionally breaches this duty, this is sufficient for alse imprisonment. But, of course, it must first be established that defendant owes a duty. For example: If a jailor refused to release a prisoner at the end of his jail sentence. Jailor may be liable for false imprisonment.


If you feel that you have experienced or are experiencing any of the actions listed above please call a Tennessee attorney. Attorneys at Baker Associates are equipped with seasoned attorneys that are able to help with a wide variety of legal issues including false imprisonment.

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Posted On: November 19, 2007

The Impact of Shoplifting in Tennessee

Sevierville, Pigeon Forge, and Gatlinburg are host to thousands of merchants that provide goods and services to the public. Close to 10 million visitors travel from all over the United States to visit the Great Smokey Mountains every year. Theft, particularly shoplifting, is a growing concern among merchants in the area.

Shoplifting can have a very negative impact regarding a businesses livelihood. This is why it is important for both merchants, as well as customers, to be familiar with the law that governs this issue and understand that there are legal consequences for their actions.

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“Shoplifting (also known as commercial burglary) is theft of merchandise for sale in a shop, and money from cash register retail establishment, by an ostensible patron. It is one of the most common crimes for police and courts.
Most shoplifters are amateurs; however, there are people and groups who make their living from shoplifting, and they tend to be more skilled. Some individuals shoplift in an effort to resist selling their labor, and/or to protest corporate power. These individuals target--often exclusively--chain stores; Wal-Mart is an especially popular target for political shoplifters in America. Sainsburys and Tesco are primary targets in England (see Evasion) Some counter this by arguing that costs of theft are not absorbed by the targeted company, but instead may result in price increases. Therefore, shoplifting is thought to ultimately harm paying consumers, some of whom may be shopping at places such as Wal-Mart because they are poor and have few other options.
A common slang term for shoplifting in Australia and the United States is "five-finger discount". The "five-finger" aspect of the term refers to fact there are five fingers on the hand which is used to grab the stolen merchandise. In the U.S., it is often referred to as "jacking" or "racking" and in the UK as "nicking" or "chaving". Professional shoplifters or organized shoplifting groups are often referred to as "boosters."”
Source: http://en.wikipedia.org/wiki/Shoplifting
Shoplifting detentions are privileged

A merchant can detain a shoplifting a suspect for a reasonable time using reasonable force.


(a) A merchant, a merchant's employee, or agent or a peace officer who has probable cause to believe that a person has committed or is attempting to commit the offense of theft, as defined in § 39-14-103, may detain that person on or off the premises of the mercantile establishment if the detention is done for any or all of the following purposes:


(1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof;


(2) To request or verify identification, or both;


(3) To inform a peace officer of the detention of that person, or surrender that person to the custody of a peace officer, or both;


(4) To inform a peace officer, the parent or parents, guardian or other private person interested in the welfare of a minor of the detention and to surrender the minor to the custody of that person; or


(5) To institute criminal proceedings against the person.


(b) Probable cause to suspect that a person has committed or is attempting to commit the offense of theft may be based on, but not limited to:


(1) Personal observation, including observation via closed circuit television or other visual device;


(2) Report of personal observation from another merchant;


(3) Activation of an electronic or other type of mechanical device designed to detect theft; or


(4) Personal observation of dressing rooms, including observation via closed circuit television, two-way mirrors, or other visual devices, shall be limited to observation by a person of the same sex as the person being observed. No observation shall be lawful unless notices are posted in the dressing rooms that monitoring may occur.


(c) A merchant, a merchant's employee or agent, or a peace officer who detains, questions or causes the arrest of any person suspected of theft shall not be criminally or civilly liable for any legal action relating to the detention, questioning or arrest if the merchant, merchant's employee or agent, or peace officer:


(1) Has reasonable grounds to suspect that the person has committed or is attempting to commit theft;


(2) Acts in a reasonable manner under the circumstances; and


(3) Detains the suspected person for a reasonable period of time.


(d) The merchant may use a reasonable amount of force necessary to protect the merchant, to prevent escape of the person detained, or to prevent the loss or destruction of property.


(e) A reasonable period of time, for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the merchant or the merchant's employee or agent has summoned a law enforcement officer, the parents or a guardian.


If you have been illegally detained or think you may have been a victim of False Imprisonment it is important that you contact a licensed Tennessee Attorney. Visit the law offices of Baker Associates because we are here to help protect your rights.

Source: T.C.A. § 40-7-116. Shoplifting; detention of suspect

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Posted On: November 15, 2007

Tennessee Slip and Fall Injury

Most Tennessee businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. This would include slip and fall type cases which are generally known as premise liability cases.

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The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises. This would include those who, as members of the public, come upon the land or enter a store or place of business to shop or do business. In such cases, the owner, company, or person occupying the premises must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon the premises.

Additionally, the property owner or possessor has a duty to exercise ordinary care in maintaining his or her premises in a reasonably safe condition in order to prevent injury to persons on the property. Furthermore, owners or possessors of land or buildings must take reasonable measures after an accumulation of snow and ice to diminish the hazard of injuries to others.

Landowners may also be responsible for injuries occurring as a result of poorly maintained or poorly lit common areas of a building such as stairways, sidewalks, and halls. Likewise, homeowners may be liable for injuries which occur in their homes or yards if such injury results from a condition which presents an unreasonable risk of harm to those who have permission to be upon the premises.

Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including, loss of income, medical expenses, pain and suffering, etc.

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If you are injured on someone else's property, you should consult an experienced personal injury attorney who will be able to analyze your case and the principles of law concerning premises liability. You should not give an interview to insurance adjusters of investigators hired by insurance companies until you have consulted with an attorney.

If you or a loved one has been injured because of someone else’s negligence, please let Baker Associates help you recover the losses resulting from your injuries. Call 865-428-2888 or visit our web-site at www.joebakerlaw.com today and speak with one of our experienced personal injury lawyers.


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Posted On: November 14, 2007

Tennessee Tort Law-Statute of Limitations

Tennessee personal injury lawyers realize how important getting your life back on track after an injury. It is important to be aware of the limitations of legal actions regarding Civil claims. Torts are civil claims that commonly arise in accidents involving cars, motorcycles, boats, ATVs, etc. Commonly, people fail to realize that there are limitations regarding the time period allowed by our legislature to collect compensation and or damages. Below is a brief overview of a select few statutes in light of timely limitations governing legal action. If you have any questions regarding the following please contact Baker Associates.

Statute of Limitations

The following actions shall be commenced within (1) year after the cause of action accrued:

(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise;

(2) Actions and suits against attorneys or licensed public accountants or certified public accountants for malpractice, whether the actions are grounded or based in contract or tort;

(3) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and

(4) Actions for statutory penalties.


Products liability cases:

(1) The cause of action for injury to the person shall accrue on the date of the injury, not the date of the negligence or sale of the product;

(2) No person shall be deprived of the right to maintain a cause of action until one (1) year from the date of the injury; and

(3) Under no circumstances shall the cause of action be barred before the person sustains an injury.

Property cases

The following actions shall be commenced within three (3) years from the accruing of the cause of action:

(1) Actions for injuries to personal or real property;

(2) Actions for the detention or conversion of personal property; and

(3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefore, when no other time of limitation is fixed by the statute creating such liability.

Baker Associates provides services in most East Tennessee locations including but not limited to: Sevier County, Greene County, Cocke County, Hamblen County, Knox County, and Blount County. If you have been injured and would like the help of a licensed Tennessee accident attorney please contact Baker Associates today.


Source: T.C.A. sec. 28-3-104 and 28-3-105

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Posted On: November 13, 2007

School Bus Accident- Tennessee Child Injured

A Tennessee girl was seriously injured when she fell off her bike into a turn lane resulting in a school bus running over her head. Accidents of this nature are disturbing, especially accidents involving children. 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.

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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 has 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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Posted On: November 12, 2007

Tennessee Birth Control Pill-Potentially Linked to Cervical Cancer

Tennessee lawyers at Baker Associates know how to help people when an injury has taken place. Accidents and injuries commonly are unexpected and may create a devastating impact on ones life. Some of the most common ways an accident or injury may occur are: vehicle accidents, motorcycle accidents, trucking accidents, slip and fall accidents, and injuries caused by negligent drug manufacturers. Prescription drugs offer a variety of quick fixes and cures for our society. However, there are instances where they turn out to be very harmful, and in some cases, deadly.

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Birth control pills increase the chance that a woman will develop cervical cancer and other cancers of the womb, according to new research. The study, which was published in the medical journal. The Lancet, found that taking birth control pills for five years doubles the chance that a woman will get cervical cancer. The Lancet article represents the second bit of bad news about birth control pill side effects this week, as another group of researchers linked recently the Pill to an increase in arterial plaque.

The Lancet study was conducted by a group of international researchers who analyzed data from 24 birth control pill studies that covered more than 50,000 women. In industrialized countries the overall rate of cervical cancer among women who have never taken the pill is 3.8 cases per 1,000 women. The rate rises to 4.0 per 1,000 in women who took the pill for five years and 4.5 for those who took it for 10 years. For women who are well-screened for cervical cancer – meaning they get regular pap smears and have access to good medical care — that translates into an additional two cases per 10,000 women. In less-developed countries where screening is not as prevalent, however, that translates to an increased risk of about 40 cases per 10,000.

Source: NewsInferno.com

Attorneys at Baker Associates located in Sevierville and Knoxville, Tennessee are dedicated to providing the legal protection you deserve. Call or visit our web-site at www.joebakerlaw.com. Let us help if you or a loved one have been hurt by a drug manufacturer, or injured in a car accident. We understand how confusing the legal process can be and we will assist you in understanding your rights.

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Posted On: November 9, 2007

Accident Litigation in Tennessee

A serious auto accident may not just damage your car. A serious auto accident can result in catastrophic injuries or even a wrongful death. 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 realize 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.

A car accident or car crash is an incident in which an automobile collides with anything that causes damage to the automobile, including other automobiles, telephone poles, buildings or trees, or in which the driver loses control of the vehicle and damages it in some other way, such as driving into a ditch or rolling over. Sometimes a car accident may also refer to an automobile striking a human or animal. Car crashes — also called road traffic accidents (RTAs), traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents (MVAs), — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.

Source: http://en.wikipedia.org/wiki/Car_accident

If you have been involved in an auto accident, there are several things that you should do:

Call For Help – Make sure that you and any other people involved in the auto accident are all right. Contact the police so they can assist in the auto accident process, and help determine who is liable for the auto accident.

Move the Vehicles – If the vehicles involved in the auto accident are obstructing traffic, but can be moved, move them out of the way so that further damage can be avoided.

Collect Information – You need to obtain all the vehicle and contact information from all drivers and passengers in the other vehicles involved in the auto accident.

Do Not Make Any Admissions – An auto accident can leave you shaken and confused. Often, this results in an unintended admission of fault. Admitting you are at fault can impair any insurance claim, and it may not even be correct after all the facts have been collected.

Find Witnesses – If there is anybody that witnessed the car accident, get their contact information. A witness testimony of your auto accident could be very helpful during the settlement of your car accident insurance claim.

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

Contact Baker Associates today by visiting our web-site at www.joebakerlaw.com. Our experienced accident attorneys are ready to help you receive the compensation you deserve.

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Posted On: November 5, 2007

Motorcycle Accidents in Tennessee

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.

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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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Posted On: November 2, 2007

Understanding Personal Injury Law in Tennessee

Tennessee Personal Injury attorneys located in Sevierville, Pigeon Forge, and Gatlinburg understand how aggravating an accident may be. Roads in Knoxville, Sevierville, Dandridge, and Jefferson City are under constant construction and maintenance. This creates added dangers for drivers. When an accident occurs it is important to understand your rights, especially if someone has been injured.

A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident.

Tennessee car wreck

The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, and holiday accidents. Indeed, there are a multitude of types of accident and the term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions which are often classified as industrial disease cases. Industrial disease type cases include asbestosis and mesothelioma, chest diseases (e.g. emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititus, and repetitive strain injury cases.

Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury compensation.

If you have any questions regarding a personal injury call Baker Associates today at (856) 428-2888. We have experienced attorneys standing by ready to help you gain compensation for your injury.

Source: Wikipedia

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Posted On: November 2, 2007

Tennessee Negligence Action

Tennessee accident attorneys understand the complex legal issues surrounding Tennessee law. Tennessee personal injury lawyers are equipped with the skills necessary in order to provide relief for those who have been involved in an accident.
Tennessee Slip and Fall
One avenue that a person may pursue, if an injury has been sustained by another, is a tort action based upon negligence. There are four elements to a successful negligence case in Tennessee. These elements are: duty, breach, causation, and damages. Whether or not a duty exists is a question of law for the judge to decide. If there is indeed a duty owed, this duty could be breached and an action of negligence would then arise. This breach must have proximately caused a person damages. If one can prove all four elements, then he/she may have a successful negligence action against an opposing party absent any defenses.

A licensed Tennessee Lawyer can help in many ways such as:

Help prove liability by preserving evidence and interviewing witnesses;

Ensure you receive the proper medical care;

Assist you with the law, including statutes of limitations;

Keep a proper account of your injuries so that you receive maximum compensation; and

Make sure that you receive the compensation that you deserve.

There are many factors that exist in negligence cases. Every case is different. It is important to visit a Tennessee Attorney as quickly as possible to ensure the best possible outcome possible. If you have been injured at work and would like to explore your legal opportunities please contact Baker Associates. Baker Associates provides services in most East Tennessee locations including but not limited to: Sevier County, Greene County, Cocke County, Hamblen County, Knox County, and Blount County.

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Posted On: November 1, 2007

Tennessee Car Accidents-Comparative Fault

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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