Tennessee Injury Lawyer Blog

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.

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.

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.

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

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.

Tennessee motor vehicle accident lawyers realize how important getting your life back on track after an automobile accident. Our attorneys are located in Knoxville and Sevierville, Tennessee. 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

http://www.joebakerlaw.comWhen 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.

Car accidents are one of Tennessee's leading causes of serious injury. East Tennessee is notorious for steep curvy mountainous roads. Millions of visitors each year make Sevierville, Gatlinburg, or Pigeon Forge their destination for a mountain getaway. Regrettably, tourists, while on vacation, may be involved in an automobile accident. Accidents are commonly overlooked or not taken seriously by those who are injured.

It is important to understand how the Tennessee legal system works. The licensed Personal Injury attorneys at Baker Associates understand the law. At Baker Associates our attorneys are aware that steep and curvy roads are very dangerous. We are ready to take action on your behalf.

Licensed Personal Injury attorneys at Baker Associates have the knowledge and skills necessary to provide the legal help that you deserve. Baker Associates located in both; Knoxville and Sevierville Tennessee have the experience and training that is necessary to conduct a successful lawsuit. Contact us by visiting our web site or calling us at (865) 428-2888.

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.

Licensed Tennessee attorneys located near Knoxville, Sevierville, and Jefferson City Tennessee have prepared some steps to help guide you through some of the precautions you may take to insure that your property damage claim is handled speedily and that your interests are protected. You should try and avoid bringing your car to the insurance company shop or the drive-through service. It provides the insurance company with an opportunity to take photographs of you and observe you getting in and out of the car. Insurance claims representatives are very skilled. The attorneys at Baker Associates want the best possible outcome regarding all motor vehicle accidents.

In dealing with your property damage, insurance companies frequently take the opportunity to evaluate you as a person, your injuries and your lifestyle. The information could later be used against you in a court of law if you decide to make a claim for bodily injury. Have a friend take your car in for the damage appraisal or request the insurance company go to the location of the parked car. Obtain your own damage estimates.

It is helpful to provide your attorney with copies of any invoices or receipts that you may have. Even if your car is a "total loss," it is still important to obtain an estimate to prove it was a "total loss." Typically in a car crash case, you will be concerned with, initially, the payment of your car damage repair. We normally handle this for clients as a professional courtesy without charge. Some of the things you need to be aware of in handling property damage claims initially at the time of the accident are as follows:

In negotiating the value of your car, let the insurance company know of any recent repairs, any special accessories and the value of any damaged contents. Show the company recent receipts of all service and maintenance records.

You also may have the right to market value, which is generally higher than Blue Book value.
An insurance company is not responsible for an outstanding loan or lease balance in excess of market value. So, if you bought a car and were making monthly payments, you may unfortunately owe more than what the car is actually worth. You will not be entitled to recover compensation for the loan balance if the car is worth less.

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.

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.

Personal Injury Checklist

Baker Associates, located in Sevierville and Knoxville Tennessee have licensed Tennessee attorneys standing by to handle your claim today. If you or a loved one is injured by the actions of another person, we understand that this may be a difficult time for you and your family. However, you need to act immediately to protect your rights:

1. OBTAIN MEDICAL TREATMENT

Your first priority following a personal injury accident is your health - if injuries go untreated, they may get worse. If you do not have a doctor, we can assist you in selecting one.
* When obtaining medical treatment, you need to report all your symptoms. Do not limit your complaints to your most serious injuries.
* Do not minimize or exaggerate your symptoms.

2. DO NOT TALK TO ANYONE OUTSIDE OF YOUR FAMILY OR DOCTORS ABOUT YOUR ACCIDENT

If someone from an insurance company calls you, do not discuss your accident with them. Write down that person's name, their company's name, company's telephone number and the claim number. Your personal injury attorney will call them back.

3. KEEP ACCURATE, DETAILED RECORDS

a. Time Off Work - Keep track of any time off from work, lost wages or income. If you miss work because of your injuries, get a doctor's excuse. Give a copy of the doctor's excuse to your employer and save one for your attorney.

b. Doctor/Hospital Visits - Write down the name, address and telephone number for each health care provider that you see.

c. Medical Bills - Have your own health insurance or auto insurance company pay as many hospital and doctor bills as possible. If you do not have insurance, we can assist in having
the bills put on hold until a settlement is reached.

d. Repairs - Keep copies of all repair estimates or invoices for damage to your personal property. Do not have your automobile or other personal property repaired until it is determined that it does or does not need to be inspected.

4. TAKE PHOTOGRAPHS - Pictures are the best way to preserve evidence. Take photographs of everything - the car(s) involved in the accident prior to repair; the intersection involved; your injuries (bruises, cuts, scrapes, etc.) and anything else that you think may be important. Be sure to write on the back of each photograph the date it was taken. If needed, our investigators will assist in compiling evidence.

5. RETAINING AN ATTORNEY - It is in your best interest to hire an attorney that limits his or her practice to personal injury claims.

Trust your case to Baker Associates if you or a loved one has been injured in an 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.

The Great Smokey Mountains attract millions of visitors every year. In fact, many visitors choose to ride motorcycles instead of driving their cars. Towns such as Sevierville, Pigeon Forge, and Gatlinburg are host to thousands of visitors every year. This is why it is important to take every precaution necessary to prevent accidents involving motorcycles and cars. In 4 of every 5 motorcycle accidents, the operator or passenger is seriously hurt. Particularly head injuries and spinal cord injuries — are common, and many crashes are fatal.

Attorneys at Baker Associates are licensed to practice law in Tennessee and realize that it's almost always the case, in motorcycle accidents, that the other driver simply failed to see a motorcyclist while turning left, changing lanes, or pulling into an intersection.

Motorcycle operators are often blamed as reckless daredevils, despite operating in a safe and legal manner. However, by carefully investigating the crash scene with the aid of experts, and personally interviewing witnesses, attorneys at Baker Associates gets to the bottom of who was really at fault. We also pursue third party liability, such as responsibility for poor road conditions.

We pursue every source of insurance to pay for the long-term care and profound personal losses of a permanently disabling accident or wrongful death. It is important to contact a licensed attorney as soon a possible after an accident occurs, especially if you have sustained an injury because of someone else’s neglect. Call Baker Associates today and speak with a licensed attorney.

Attorneys at Baker Associates are aware of your legal rights. Baker Associates currently have offices located, in both, Sevierville and Knoxville. Attorneys at Baker Associates handle a wide variety of cases including those from surrounding counties such as: Sevier, Knox, Anderson, Blount, and Jefferson.

Every year, nearly 500,000 large trucks (tractor-trailers or "semis") are involved in traffic accidents in the United States. Approximately 5,000 of these accidents involving semi trailer trucks result in fatalities. In fact, one out of every eight traffic fatalities is caused by a collision with a large truck. Not surprisingly, most of the deaths and injuries involve the passengers of the vehicles struck by tractor-trailers. Truck drivers typically escaped unscathed.

A truck accident involving a semi truck and a smaller vehicle or pedestrians, often has very tragic consequences. A big truck can weigh more than 80,000 pounds and can go up to 75 feet in length. Considering these numbers, it is not shocking that truck accidents result in more grievous injuries and larger number of deaths than other traffic accidents. What is shocking though are the alarming truck accident statistics.

If you have been injured or a loved one has been killed in an accident involving a tractor-trailer or other large truck, it is important to consider your legal options. Many truckers are employed by large corporations that may put delivery of their goods ahead of your safety. Don't pay for the transportation industry's greed. 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.

Source: The United States Department of Transportation

At any moment in Tennessee, thousands of people are driving, walking, shopping, traveling, and working, so it is no wonder that accidents and injuries have become an inevitable part of life. But the fact that mishaps are fairly ordinary does not detract from the pain and confusion that can result when an accident or injury happens to you or a loved one. This is especially true when any harm could have been avoided if others had not acted carelessly. If you decide to take steps toward protecting your legal rights after an accident or injury, you may have a number of general questions about "personal injury" cases.

Attorneys at Baker Associates are aware of your legal rights. Baker Associates currently have offices located, in both, Sevierville and Knoxville. Attorneys at Baker Associates handle a wide variety of cases including those from surrounding counties such as: Hamblen, Cocke, Anderson, Blount, and Jefferson.

"Personal injury" cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:

Formal "Lawsuit" Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the "plaintiff") files a civil "complaint" against another person, business, corporation, or government agency (the "defendant"), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as "filing a lawsuit

Informal Settlement In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money

Trust your case to Baker Associates if you or a loved one has been injured in an 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.