Tennessee Injury Lawyer Blog

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.

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. Wrongful death attorneys at Baker Associates are experienced and willing to provide the legal advice that you deserve. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.

The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is 'on the balance of probabilities'. For this reason, it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. It should be noted, however, that the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson cases).

In most, if not all common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. However, many jurisdictions have now enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state.

The death must have been caused, in whole or in part, by the defendant's conduct, even though there was no direct intention to kill the victim. The defendant must have been deemed negligent or strictly liable for the victim's death. Also the deceased has dependent party such as family members who have suffered from emotional and monetary damages as a result of the death.
Retrieved from "http://en.wikipedia.org/wiki/Wrongful_death_claim"

The wrongful death claim, generally, will have two main features in order to succeed.

1) The accident must have been caused by someone else (driver of deceased car, another vehicle etc) who acted negligently usually through bad driving, in some claims this will mean the auto maker who designed a vehicle poorly, such as an SUV with a defective design.

2) There must be adequate insurance or assets to provide the basis of a recoverable legal claim. Many, many fatal car accidents that are the result of bad driving remain uncompensated because there is no money to compensate the victim's family. Many cars are under insured with small policies ranging from $10,000 to $30,000. An attorney will know how and where to look for available insurance or assets using investigators and asset searches. Often times trucking insurance, homeowner’s policies, business insurance may be available to compensate the family millions of dollars.

Experienced wrongful death attorneys understand the complex legal issues and emotional trauma involved in handling these claims. A lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits.

Attorneys at Baker Associates are dedicated litigators who believe in getting you and your loved ones the compensation they deserve. Call us or visit www.joebakerlaw.com today to schedule an appointment for a free consultation.

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

Tennessee motor vehicle accident lawyers realize how important getting your life back on track after an automobile accident. 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 for your 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.

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

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

A serious auto accident may not just damage your car. A serious auto accident can result in catastrophic injuries or even a wrongful death. If you have been inured as a result of an automobile accident contact the attorneys of Baker Associates. We have represented clients from a majority of the counties in East Tennessee, such as: Roan, Cocke, Knox, Sevier, Jefferson, and Washington counties. Let one of our experienced personal injury attorneys help you today.

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

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.

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.

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

In 1996, the cost of crashes involving speeding was estimated to be $28.8 billion. Often, we forget how dangerous erratic driving behaviors can be. The impact of a car or truck accident can be catastrophic. Motor vehicle accidents carry the weight to change your life in a matter of seconds. This is why it is important to understand your legal rights. Licensed Tennessee attorneys understand the law. They know when and how to help you when it matters the most.

Attorneys at Baker Associates are skilled attorneys that are ready to fight for the compensation you deserve. We have represented numerous individuals in personal injury claims. Often, we are able to provide our clients with the services that are well within their best interests. Again, this is why it is important to contact a licensed Tennessee attorney if you have been injured in a car or truck accident.

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.
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.

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

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. 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.

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

In a dump truck accident, the chances of 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 and 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

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

Civil battery is classified as an intentional tort. Almost everyday someone in Tennessee commits a civil battery. In retrospect, those people have created victims of civil battery as well. It is important for those victims to understand how the law works to protect them. A civil battery may occur where a harmful or offensive contact occurs. Harmful or offensive contact may occur in the grocery store, beach, school, etc. However, the person committing the contact (battery) must possess the requisite intent to cause such a contact.

To establish a Prima Facie case for battery, the following elements must first be proven:

1) An act by the defendant which brings about harmful or offensive contact to the plaintiff’s person;

2) Intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and

3) Causation

A reasonable person standard is used when deciding whether the contact is harmful or offensive. That is, if a reasonable person with ordinary sensibilities would have found the contact harmful or offensive then more than likely the court will too. Anything connected to the plaintiff’s person will be considered a part of the plaintiff’s person. (For example: A person came up and grabbed your purse at the grocery store. He may be liable for a battery.) The defendant is also liable for indirect contact as well. This occurs if the defendant sets in motion a force that result in harmful or offensive contact to the person. A person may recover for batter even though he is not conscious of the harmful or offensive contact when it occurs. The doctrine of Transferred intent applies in a civil battery.

The transferred intent doctrine applies where the defendant intends to commit a tort against one person but instead (i) commits a different tort against that person, (ii) commits the same tort as intended but against a different person, or (iii) commits a different tort against a different person. The intent to commit a tort against one person is transferred to the other or to the injured person.

Limitations regarding the transferred intent doctrine:

Transferred intent may only be invoked where the tort intended and the tort that results are both within the following list:
a) Assault;
b) Battery;
c) False imprisonment
d) Trespass to land; and
e) Trespass to chattels.

Actual damages are not necessary to prove a prima facie case for battery. Plaintiff may recover nominal damages and punitive damages where the defendant acted with malice.

There are many factors that exist in Tort cases. It is important to visit a licensed Tennessee Attorney to ensure the best possible outcome. If you feel that you have either; been a victim or have been wrongly accused of Civil Battery, please contact Baker Associates to resolve those issues.

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark:

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.

Posted by Baker Associates | Permalink | Email This Post

Posted In: Personal Injury

Bookmark:

Safety awareness, in regards to large semi-trucks, has developed into a major concern for Tennessee motorists. Local police are aware of the high volume of traffic that passes through the region. Authorities also understand the risks associated with the high volume of traffic as it relates to accidents. Because of policy makers and a number of other government officials the Federal Motor Carrier Safety Administration has made efforts to educate the public on the risks associated with sharing our roads with semi-trucks.

For example: The Roadside Inspection and Traffic Enforcement programs are two of the Federal Motor Carrier Safety Administration’s (FMCSA) key safety programs. The Roadside Inspection program consists of roadside inspections performed by qualified safety inspectors following the guidelines of the North American Standard, which were developed by FMCSA and the Commercial Vehicle Safety Alliance. Most roadside inspections are conducted by the States under the Motor Carrier Safety Assistance Program (MCSAP). There are five levels of inspections that include a vehicle component, a driver component, or both. The Traffic Enforcement program is composed of two distinct activities: a traffic stop as a result of a moving violation and a roadside inspection.

Injuries substantially increase when semi-trucks are involved. This is why it is important to contact a licensed Tennessee Attorney. This will help to ensure that your legal matter will be given the attention that it deserves. Attorneys at Baker Associates are dedicated litigators who believe in getting you and your loved ones the compensation they deserve. Call us or visit www.joebakerlaw.com today to schedule an appointment for a free consultation.

Posted by Baker Associates | Permalink | Email This Post

Posted In:

Bookmark: