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    <title>Tennessee Injury Lawyer Blog</title>
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   <id>tag:,2010:/130</id>
    <link rel="service.post" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130" title="Tennessee Injury Lawyer Blog" />
    <updated>2010-08-31T20:49:33Z</updated>
    <subtitle>Published by Baker Associates</subtitle>
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<entry>
    <title>Greene County Man Allegedly Wrecks Other Driver Intentionally</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/08/greene_county_man_allegedly_wr.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=86010" title="Greene County Man Allegedly Wrecks Other Driver Intentionally" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.86010</id>
    
    <published>2010-08-31T20:47:51Z</published>
    <updated>2010-08-31T20:49:33Z</updated>
    
    <summary> Twenty-one year-old Jeffrey Brian-Edward Wills of Mosheim, Tennessee is facing several charges after authorities say he intentionally ran the SUV of nineteen year-old Jackie Ricker of Rheatown off the road, causing Ms. Ricker to be killed in the wreck....</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>	Twenty-one year-old Jeffrey Brian-Edward Wills of Mosheim, Tennessee is facing several charges after authorities say he intentionally ran the SUV of nineteen year-old Jackie Ricker of Rheatown off the road, causing Ms. Ricker to be killed in the wreck.  Mr. Wills was reportedly driving at a high rate of speed when he intentionally hit the Ford Explorer driven by Ms. Ricker, causing her car to drive into an embankment.  Ms. Ricker was killed in the crash and two of her passengers, 31-year-old Sammy Shanks of Greeneville and 29-year-old Nancy Wills of Rheatown were injured and taken to Johnson City Medical Center.  The criminal ramifications of this situation are discussed <a href="http://www.tennesseecriminallawyerblog.com">here</a>.</p>

<p>	<br />
</p>]]>
        <![CDATA[<p>Tragedies such as this one seem all the more troubling due to the fact that they are the result of intentional or malicious use of a vehicle.  Automobiles are dangerous instrumentalities and when they are used as weapons the results are often fatal as they were here.  Tennessee recognizes the reprehensibility of this kind of conduct and allows the imposition of punitive damages in such cases.  Punitive damages are designed primarily to punish the offending party and deter other parties from similar conduct.  They are appropriate in Tennessee when the conduct of the offender is fraudulent, intentional, reckless, or malicious.  Clearly, the last three of the factors are met in this situation if the situation is being reported accurately.  <br />
	<br />
Punitive damages are often little consolation to the family or friends of a victim that has lost his or her life in an accident but they do serve the important purposes of providing further compensation to the victim and punishing the defendant for his or her wrongful conduct.  A substantial punitive damages award may be of little value if the defendant is unable to pay, so it is important for victims and their families to know which parties can potentially be held responsible for such damages and how to best go about arguing that such damages are warranted.  An <a href="http://www.joebakerlaw.com">experienced personal injury attorney</a> can assist victims in both of these areas. </p>

<p>Source: http://www.wbir.com/news/local/story.aspx?storyid=132369&catid=2 </p>]]>
    </content>
</entry>
<entry>
    <title>Indiana Woman Killed in Wreck on I-75</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/08/indiana_woman_killed_in_wreck.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=85055" title="Indiana Woman Killed in Wreck on I-75" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.85055</id>
    
    <published>2010-08-19T15:29:27Z</published>
    <updated>2010-08-19T15:34:58Z</updated>
    
    <summary>Twenty-two year-old Rochelle Kay Lee of Plainfield, Indiana was killed yesterday when her vehicle flipped over the guardrail near mile marker 144 at the Stinking Creek exit and was struck by a tractor-trailer. The driver of the tractor-trailer, Paul Jenkins...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Twenty-two year-old Rochelle Kay Lee of Plainfield, Indiana was killed yesterday when her vehicle flipped over the guardrail near mile marker 144 at the Stinking Creek exit and was struck by a tractor-trailer.  The driver of the tractor-trailer, Paul Jenkins of Madisonville, Tennessee was not injured in the crash.  No drugs or alcohol seem to have been a factor in the crash, which was reportedly caused by the fact that Lee lost control of her vehicle due to heavy rainfall.  Both drivers were also reportedly wearing their seatbelts.</p>]]>
        <![CDATA[<p>Due to high speeds and heavy traffic in some spots, the interstate is always a dangerous route to travel.  Even in situations such as this one, where both drivers seem to have been driving in a safe manner and doing everything correctly, weather or other conditions can cause deadly accidents.  This is especially true when the interstate is subjected to heavy rainfall.  Heavy rains can cause drivers to lose control of their vehicles due to decreased traction or hydroplaning on pockets of standing water.  Either of these occurrences can happen to even the most careful of drivers, but careless driving greatly increases the odds that some sort of crash will happen.<br />
	<br />
Tennessee imposes a duty on every driver to drive in a safe and careful manner.  This includes a duty to be aware of the roadway conditions and respond accordingly.  Where the road is wet and slick from rainfall, drivers may need to drive well below the speed limit in order to navigate the roadways safely and cautiously.  Far too often, drivers feel the need to go at or above the speed limit on the interstate when conditions dictate otherwise.  This can lead to multi-car accidents when the interstates are crowded, which often result in serious injury or death to persons involved in the accidents.  Tennesseans who are injured as a result of the careless driving of others may have to turn to the courts in order to recover for their losses.  Consulting a <a href="http://www.joebakerlaw.com">capable East Tennessee personal injury attorney</a> can result in greater recovery and less stress for victims in personal injury cases.</p>

<p>Source: http://www.knoxnews.com/news/2010/aug/18/indiana-woman-killed-interstate-75-wreck/<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Knoxville Man Dies in Crash in National Park</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/08/knoxville_man_dies_in_crash_in.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=84923" title="Knoxville Man Dies in Crash in National Park" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.84923</id>
    
    <published>2010-08-17T21:45:56Z</published>
    <updated>2010-08-17T21:48:06Z</updated>
    
    <summary>Forty-seven year-old Paul Rodgers of Knoxville died a few weeks ago when the van he was driving through the Great Smoky Mountains National Park reportedly drifted off of the right edge of the road, struck a tree, and then slid...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Forty-seven year-old Paul Rodgers of Knoxville died a few weeks ago when the van he was driving through the Great Smoky Mountains National Park reportedly drifted off of the right edge of the road, struck a tree, and then slid several feet down an embankment.  According to reports, Rodgers was found dead at the scene, although he was properly wearing his seat belt and the van’s airbag deployed.  There is no evidence that alcohol or drugs were involved, but the investigation into the crash is ongoing.</p>]]>
        <![CDATA[<p>Tennessee is a state known for its winding and steep back roads, and crashes such as the one described above seem to happen with a greater frequency in this state than in most others.  This is especially true of the roads in the National Park, as they are often extremely steep and very curvy and threaten the drivers with blind curves in some spots.  Thus, drivers who are not familiar with the roads or who lose their focus for a split-second, even if no drugs or alcohol seem to be a factor at all, can end up driving off of the road or into the opposing lane.         <br />
	Every year, Tennesseans and tourists are seriously injured due to negligent driving on Tennessee’s back roads.  Unfortunately there are situations, as in the case above, where wrecks on these winding and steep roads can cause serious injury or prove fatal.  Victims of such wrecks, whether they be those actually injured in the wrecks or their families, may find themselves faced with a substantial amount of medical expenses, lost wages, and other damages for which they may be forced to turn to the courts for compensation.  Victims who find themselves facing such situations should contact an experienced personal injury attorney in East Tennessee who can assist them in recovering for all of their losses.</p>

<p>Source: http://www.wate.com/global/story.asp?s=12876121</p>]]>
    </content>
</entry>
<entry>
    <title>Clinton Man Arrested for Fifth DUI</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/08/clinton_man_arrested_for_fifth.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=84543" title="Clinton Man Arrested for Fifth DUI" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.84543</id>
    
    <published>2010-08-12T19:30:18Z</published>
    <updated>2010-08-12T19:32:30Z</updated>
    
    <summary>Forty-Six year-old Louis Michael Haney of Clinton, Tennessee was arrested Sunday afternoon on suspicion of DUI after law enforcement officials spotted him driving his John Deere riding lawnmower along the shoulder of the Tri-County Boulevard in Anderson County heading in...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Forty-Six year-old Louis Michael Haney of Clinton, Tennessee was arrested Sunday afternoon on suspicion of DUI after law enforcement officials spotted him driving his John Deere riding lawnmower along the shoulder of the Tri-County Boulevard in Anderson County heading in the opposite direction of traffic.  Haney subsequently failed a sobriety test and was taken into custody and charged with felony DUI, driving on a revoked license, and violation of the implied consent law.</p>]]>
        <![CDATA[<p>	DUI offenses pose a great danger to Tennessee motorists, even where the DUI is committed on a lawn mower or some other alternative means of transportation employed by someone who does not have a drivers’ license.  Even though an offender on a riding lawnmower probably won’t be leading the police on a high-speed chase or anything of the sort, the offender still may create dangerous roadway conditions for other drivers by driving into the path of oncoming traffic, distracting other drivers, or by taking any other action that would pop into the head of an intoxicated man on a John Deere.  The reason a DUI often carries with it the suspension of a driver’s license is so the offender will not operate any motor-vehicle; a suspension is not to test the creativity of an offender by seeing what types of motorized transportation they can conjure up to traverse Tennessee’s roadways.</p>

<p>	It is no secret that driving under the influence often leads to accidents in which serious injuries are sustained, including death of one or more victims.  Driving under the influence is negligent per se in Tennessee, meaning that the negligence is automatically assumed and the victim must just prove causation and damages in order to recover.  Victims still need, however, to present a strong case for causation and a clear and accurate assessment of the damages, including medical expenses, lost wages, punitive damages, etc.  Thus, victims of DUI-related accidents should consult with an experienced <a href="http://www.joebakerlaw.com">personal injury attorney</a> who can help the victim maximize his or her recovery.</p>

<p>Source: http://www.knoxnews.com/news/2010/aug/09/fifth-dui-man-lawnmower/?partner=popular  </p>]]>
    </content>
</entry>
<entry>
    <title>Gas Tanker Overturns, Closes Down Part of I-75</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/08/gas_tanker_overturns_closes_do.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=84352" title="Gas Tanker Overturns, Closes Down Part of I-75" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.84352</id>
    
    <published>2010-08-10T16:30:21Z</published>
    <updated>2010-08-10T16:50:31Z</updated>
    
    <summary>Early this morning, a gas tanker overturned near mile marker 121 on I-75 North, causing the tank to puncture and gasoline to leak all over the interstate. I-75 near Callahan Road in Knoxville was closed for a few hours while...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Early this morning, a gas tanker overturned near mile marker 121 on I-75 North, causing the tank to puncture and gasoline to leak all over the interstate.  I-75 near Callahan Road in Knoxville was closed for a few hours while crews worked to clean up the spilled gasoline, and one lane of I-75 was reopened at about 10:30 a.m.  The accident was reportedly caused when a Pontiac Sunfire blew a tire and was unable to get out of the left lane before coming to a stop.  The driver of the Sunfire tried to get the attention of the driver of the gas tanker, now identified as John Stepp of Gate City, Virginia, but was unable to do so before it was too late.  The tanker crashed into the Sunfire, causing it to flip and begin leaking gasoline.  The driver of the tanker was transported to UT Medical Center and his condition was unknown at the time.  The driver of the Sunfire was not injured.</p>]]>
        <![CDATA[<p>	This blog frequently discusses the adventures of big trucks on Tennessee’s roadways, due in large part to the fact that it is usually wrecks involving big trucks that make headlines.  The dangers posed by such trucks are numerous, as shown in this situation by the fact that the driver of the gas tanker in this scenario either seemed to be unable to stop his truck upon noticing a hazardous condition in the roadway or was simply not keeping a proper lookout for potential obstacles in his path.  If the driver was not keeping a proper lookout or the brakes on his truck were not functioning properly, any victims of such an accident would potentially be able to recover for their injuries from the truck driver and potentially the company that employed the driver as well as the company that manufactured the truck.  Injuries in accidents involving big trucks are often severe and cause the victims to accumulate medical and other expenses that are much more substantial than any amount the truck driver is able to pay.  Thus, victims should seek the assistance of a <a href="http://www.joebakerlaw.com">skilled personal injury attorney</a> who can help victims identify and maximize recovery from all potentially liable parties. </p>

<p>Source: http://www.wbir.com/news/local/story.aspx?storyid=130184&catid=2</p>]]>
    </content>
</entry>
<entry>
    <title>Car Crashes Into Knoxville Deli, But No One Injured</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/08/car_crashes_into_knoxville_del.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=83966" title="Car Crashes Into Knoxville Deli, But No One Injured" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.83966</id>
    
    <published>2010-08-05T20:39:28Z</published>
    <updated>2010-08-05T20:47:08Z</updated>
    
    <summary>Sixty-Four year-old Rita Webber had just finished having lunch with her husband on Wednesday at Nixon’s Deli in Knoxville when Mrs. Webber got into her car, started it up, and proceeded to drive directly into the Deli at which she...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Sixty-Four year-old Rita Webber had just finished having lunch with her husband on Wednesday at Nixon’s Deli in Knoxville when Mrs. Webber got into her car, started it up, and proceeded to drive directly into the Deli at which she just ate.  Investigators reportedly believe that she had the car in drive instead of reverse (a fact which would seem easily deduced without an immense amount of investigation) and accidentally drove into the storefront.  Thankfully no one was hurt, although the restaurant did suffer a substantial amount of damage and will require major repairs.  It is recommended that customers who are unhappy with their dining experience refrain from driving their automobiles through the restaurant and instead contact a manager or fill out a comment card.  <br />
	<br />
 <br />
</p>]]>
        <![CDATA[<p>Automobile accidents in East Tennessee often damage property in addition to people.  Where the accident occurs at a business or restaurant like it did here, it is a minor miracle that no one sustained significant personal injuries.  That will be small consolation, however, to a business owner who has suffered a substantial amount of property damage and who faces significant repair costs or possibly increased insurance premiums if she is forced to make the repairs herself.  This situation is not just limited to businesses, as news stories frequently surface detailing how an automobile has ran into a home or some other structure and caused significant damage to that property.  Luckily for property-owners, Tennessee allows lawsuits to be brought for the recovery of property damage.  Tennesseans who have suffered such damage as the result of an auto accident should contact an experienced <a href="http://www.joebakerlaw.com">auto accident attorney</a> who can assist them in recovering for their damages.   </p>

<p>Source: http://www.wbir.com/news/local/story.aspx?storyid=129554&catid=2&GID=uORQ33/qmHA3ysRqv8YxMiPQn2rgYUWnlKCWWpS3qsY%3D</p>]]>
    </content>
</entry>
<entry>
    <title>Tennessee Highway Patrol Pilot Charged with DUI</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/08/tennessee_highway_patrol_pilot.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=83936" title="Tennessee Highway Patrol Pilot Charged with DUI" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.83936</id>
    
    <published>2010-08-03T14:32:22Z</published>
    <updated>2010-08-04T14:56:21Z</updated>
    
    <summary>A member of the Tennessee Highway Patrol was charged with DUI last Friday after law enforcement officials spotted the pickup truck of Gregory Brown, age 40, driving erratically and weaving in and out of traffic. At one point, officials aw...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>A member of the Tennessee Highway Patrol was charged with DUI last Friday after law enforcement officials spotted the pickup truck of Gregory Brown, age 40, driving erratically and weaving in and out of traffic.  At one point, officials aw the truck briefly cross into oncoming traffic before swerving back over to the correct side of the road.  Brown was stopped on suspicion of DUI and failed a good number of field sobriety tests including balancing, walking heel to toe, and counting backward.  Upon making the stop, the officer also noticed that Brown was driving with a cup of beer in the console.</p>]]>
        <![CDATA[<p><strong>Driving Under the Influence</strong></p>

<p>It is no secret that driving under the influence is an increasingly common problem on Tennessee's roadways and poses a danger that can strike any innocent motorist at any time.  Since the year 2000, close to five hundred deaths per year in Tennessee have been caused by alcohol-related DUIs alone.  In recent years, another 500 crashes per year have involved drivers who were under the influence of some illegal drug at the time of the crash.  Clearly, this is a significant problem on Tennessee's roadways that threatens the safety of Tennesseans.</p>

<p>It is unlikely that such activity will ever be completely eliminated from the roadways.  Preventative measures employed by the state have been effective to a degree, but the danger still persists.  Thus, it is important for Tennesseans to know who to turn to when they or a loved one have been injured by a drunk driver.  Often a victim's best hope following a DUI crash is to seek the assistance of a knowledgeable personal injury attorney.  An attorney can assist the victim in recovering for all of their damages, including medical expenses, lost wages, property damage, and even punitive or wrongful death damages where appropriate.  Victims of DUI-related crashed should contact a <a href="http://www.joebakerlaw.com">personal injury attorney</a> immediately for assistance in recovering for their losses.</p>]]>
    </content>
</entry>
<entry>
    <title>Campbell County Crash Leaves One Dead</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/campbell_county_crash_leaves_o.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=83575" title="Campbell County Crash Leaves One Dead" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.83575</id>
    
    <published>2010-07-30T03:53:36Z</published>
    <updated>2010-07-30T04:05:16Z</updated>
    
    <summary> The Tennessee Highway patrol is reporting that one person is dead after an accident involving a car and a tanker truck that closed down part of I-75 in Campbell County near the Stinking Creek exit at mile marker 144....</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>	The Tennessee Highway patrol is reporting that one person is dead after an accident involving a car and a tanker truck that closed down part of I-75 in Campbell County near the Stinking Creek exit at mile marker 144.  The tanker truck reportedly rear-ended a car and then slid off of an embankment, sliding 500 to 700 feet off the interstate and killing the driver of the truck.  Police have not released the driver’s name as of yet.  </p>]]>
        <![CDATA[<p><strong>Big Trucks Again</strong></p>

<p>	Seemingly every day or two a serious wreck happens somewhere in East Tennessee that involves a tractor-trailer or other big truck, and such accidents frequently show up here on our blog.  The fact that such wrecks seem to happen more often may make it seem like the drivers of those trucks must be more reckless or less skillful than others, but that’s obviously not the case.  The fact of the matter is that big trucks are more prone to accidents simply because they are on the road more often and in greater number that any other cars.  Plus, when such trucks are involved in accidents, their immense weight and sheer size makes it so that those accidents are necessarily higher impact and more likely to injure a motorist or passenger.  It is the danger posed by these trucks that necessitates special licensing requirements for drivers of big trucks in most states.</p>

<p><strong>Special Skill Required </strong><br />
	<br />
Tennessee’s personal injury law also imposes a fairly strict burden on these drivers simply by holding them to the same standard as everyone else.  Instead of allowing them to be more negligent because they are driving a bigger truck which is more prone to error, Tennessee requires them to drive their vehicles just as safely as drivers of even the smallest cars.  This is because Tennessee places a burden upon someone who possesses a special skill to use that skill at all times.  Failure to exercise the requisite amount of skill can lead to accidents such as the one described above which unfortunately tend to result in serious injury or death when big trucks are involved.  Victims of such accidents should contact <a href="http://www.joebakerlaw.com">an experienced personal injury attorney</a> for assistance in recovering for their injuries, medical expenses, and other damages. </p>

<p>Source: http://www.wbir.com/news/local/story.aspx?storyid=128797&catid=2<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Oak Ridge Man Killed in Head-On Crash</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/oak_ridge_man_killed_in_headon.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=83397" title="Oak Ridge Man Killed in Head-On Crash" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.83397</id>
    
    <published>2010-07-28T01:01:04Z</published>
    <updated>2010-07-28T01:03:16Z</updated>
    
    <summary> According to the Montana Highway Patrol, a Tennessee man was killed last Saturday afternoon when an SUV crossed over the center line and hit his motorcycle head-on as he was riding through Glacier National Park. The victim has been...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>	According to the Montana Highway Patrol, a Tennessee man was killed last Saturday afternoon when an SUV crossed over the center line and hit his motorcycle head-on as he was riding through Glacier National Park.  The victim has been identified as 58 year-old Fred Childress of Oak Ridge, TN.  Mr. Childress was a co-founder and president of the Tennessee Liberty Alliance and was reportedly winding up a four-week cross-country motorcycle tour when he was involved in the wreck.  Our condolences go out to Mr. Childress’s family and friends in the wake of this unfortunate tragedy.	<br />
</p>]]>
        <![CDATA[<p>Details have not yet emerged as to why the driver of the SUV crossed the center-line, and this discussion in no way speculates as to the liability of the driver of the SUV in this situation, but such actions are often the result of negligence in auto accident cases.  Many such accidents are caused by drivers driving too fast in inclement weather or on unfamiliar terrain.  Also, head-on collisions are increasingly being caused by distracted driving, especially with texting while driving on the rise.  No matter the cause of the accident, Tennessee provides a way for plaintiffs to recover from defendants who are at fault in such accidents.<br />
	<br />
When such an accident occurs in Tennessee (as opposed to a different state in which case that state’s law generally applies and will be somewhat different) and results in the death of a victim, Tennessee allows interested parties, namely surviving spouses, personal representatives, or next of kin for that individual, to recover for that individual’s wrongful death.  Recovery for wrongful death encompasses both the injuries sustained by the victim prior to death as well as damages for the loss of the victim’s life, including funeral expenses.  Courts look at a variety of factors when determining such damages, so it may be necessary to consult an experienced <a href="http://www.joebakerlaw.com">personal injury attorney</a> in order to determine how to assess the damages in such a case and how to optimize the potential for recovery.</p>

<p>Source: http://www.volunteertv.com/home/headlines/99280409.html </p>]]>
    </content>
</entry>
<entry>
    <title>Semi Slams Into Mazda, Killing Woman and Toddler</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/semi_slams_into_mazda_killing.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=83051" title="Semi Slams Into Mazda, Killing Woman and Toddler" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.83051</id>
    
    <published>2010-07-23T00:54:16Z</published>
    <updated>2010-07-23T01:39:06Z</updated>
    
    <summary>Lillian Michelle Clarke, of Miramar, Fla., and toddler Catherine R. Howard, of Lexington, Ky were killed Tuesday when 61 year-old Ben Edward Parrot of Jellico, Tennessee crashed the semi-truck he was driving into a Mazda in which the two aforementioned...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Lillian Michelle Clarke, of Miramar, Fla., and toddler Catherine R. Howard, of Lexington, Ky were killed Tuesday when 61 year-old Ben Edward Parrot of Jellico, Tennessee crashed the semi-truck he was driving into a Mazda in which the two aforementioned victims, along with three others who survived the crash, were sitting.  A wreck earlier in the day had caused traffic to back up and come to a stand-still in the northbound lanes of I-75 around mile marker 122.  For a reason that is either unknown or has yet to be released, Mr. Parrot drove into the traffic jam in his semi without stopping, obliterating the Mazda and causing it to crash into two more cars although the occupants of those cars received minimal injuries.  Criminal charges are <a href="http://www.knoxnews.com/news/2010/jul/20/fatal-i-75-crash-forces-detour-anderson-county/?partner=popular">reportedly pending</a> against the driver of the semi.</p>

<p>This is terrible tragedy, and prayers and condolences go out to all of the victims involved and their families.</p>]]>
        <![CDATA[<p><strong>The Dangers of Semi-Trucks</strong></p>

<p>Semi-trucks present a unique danger on America's roadways for a variety of reasons.  First, they are by far the biggest vehicles on the road and thus have a destructive capacity far beyond that of a normal car or truck even when driven safely.  Second, they are on the road constantly, which means the threat of an accident involving a semi-truck is always present almost everywhere in America.  Third, rivers of these trucks are also under deadlines just like anyone at any job and so they often drive long hours without stopping or drive at a higher rate of speed than they should in order to make it to their next destination on time.  Finally, such trucks, due to their size and purpose, require special training and skills to be possessed by their drivers in order to be driven safely.  This means that any lapse in concentration or moment of negligence can prove fatal for anyone who has the misfortune of being near one of these vehicles on the roadways.</p>

<p><strong>Recovery for Victims</strong></p>

<p>In order to attempt to prevent accidents like the one detailed above and to compensate victims of such accidents for their losses, Tennessee imposes a duty on everyone that uses the roadways to drive safely.  Some violations of this duty are punished through the criminal law but most breaches of the duty to drive safely end up being addressed civilly in the form of <a href="http://www.joebakerlaw.com">personal injury</a> claims.  Where a driver's negligence or recklessness causes injury to someone on the roadway, Tennessee law provides several different types of remedies depending on the behavior of the driver and the injuries suffered by the victims.</p>

<p>The types of damages awarded most often are compensatory damages.  These damage awards basically require the driver (and often the company for which he or she works) to compensate the victims for the injuries they have suffered and the expense caused by those injuries, such as medical expenses, lost wages, etc.  Where a victim has died as a result of the driver's conduct, he or she may also be found liable in a wrongful death suit which would impose liability on the driver for other expenses such as loss of life of the victim.  </p>

<p>Tennessee also allows punitive damage awards in rare circumstances when the conduct is extremely egregious.  These are awarded in auto accidents when the driver's conduct is intentional, reckless, or malicious and seek to punish the driver and deter other people from engaging in such conduct in the future.  They are not limited to the amounts of damages sustained by the victim and look to other factors for determination such as the net wealth of the defendant(s).</p>

<p>Appropriate damages in this case will not be ascertainable until the cause of the accident is determined.  However, tragedies such as this situation make clear the need to protect innocent motorists from the wrongful conduct of semi-truck drivers and trucking companies and reinforce the importance of protecting and compensating motorists to the fullest extent possible.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>New Auto Safety Rules in Works</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/new_auto_safety_rules_in_works.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=82855" title="New Auto Safety Rules in Works" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.82855</id>
    
    <published>2010-07-20T22:05:24Z</published>
    <updated>2010-07-20T22:06:55Z</updated>
    
    <summary>It usually doesn’t pay to get excited or even speculate about legislation making its way through Congress. After all, the legislative process seems to usually result in a lot of bickering among opposing politicians with nothing ever really coming to...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>It usually doesn’t pay to get excited or even speculate about legislation making its way through Congress.  After all, the legislative process seems to usually result in a lot of bickering among opposing politicians with nothing ever really coming to fruition.  A new bill, however, is in the works (spurred by the recent series of defects that have plagued Toyota) that may prove to be huge in the field of personal injury law.  Since the bill may prove so important, it may be worth discussing even if it never amounts to much.    <br />
	<br />
The new bill proposes to tighten the safety standards applicable to vehicle manufacturers wishing to sell automobiles in the United States.  Among other provisions, it contains proposals that would require carmakers to install systems that would give a car's brake priority over its accelerator and record data that could be used in crash or defect investigations.  Both of these conventions would be noteworthy from a personal injury context.  Giving a car’s brake priority over its gas could make the car drive differently, which would tend to increase the accident risk for drivers who are unfamiliar with how the car drives in such a condition.  However, it would also prevent many accidents that are caused by unintended acceleration or negligent driving.  Whether the pros of such a system would outweigh the cons could really only be determined after the system was put into practice.<br />
	<br />
The data recorder that would be placed in vehicles could potentially play a crucial role in many personal injury cases.  Many of these cases turn on which version of two different sets of facts the jury believes.  If the data recorder can clear up such disputes or support one side of the testimony, personal injury cases may settle with more frequency and may be avoided altogether when the liability of a party is clear.  For anyone interested in the realm of personal injury law, this bill will be one worth watching.</p>

<p>Source: http://www.philly.com/philly/business/homepage/20100720_Fight_looms_in_Washington_over_proposed_auto-safety_rules.html<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Verdict Reached in Fatal Bus Case</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/verdict_reached_in_fatal_bus_c.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=82332" title="Verdict Reached in Fatal Bus Case" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.82332</id>
    
    <published>2010-07-15T20:56:47Z</published>
    <updated>2010-07-15T20:57:25Z</updated>
    
    <summary>A Kansas jury has found an auto dealership not liable for negligence in a lawsuit brought against the business by the widow of a man who was killed when a bus apparently given away as a gift by the dealership...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>A Kansas jury has found an auto dealership not liable for negligence in a lawsuit brought against the business by the widow of a man who was killed when a bus apparently given away as a gift by the dealership ran into an overpass and injured some passengers who were standing on top of a modified party deck which had been built onto the bus.  The widow claimed that the auto dealership sold the bus in its converted state, thereby putting a dangerous vehicle on the street, for $1,000 but the dealership claimed they never made any such modifications and gave the bus away as a gift while it was still in school-bus form.  Ultimately, the jury believed the defendant and found them not liable.  Several other parties were named as defendants in the suit but settled before trial and remain sealed.</p>

<p>	Even though this case took place in Kansas, it helps to illustrate several important points regarding personal injury law in Tennessee.  The first point is that there are almost always multiple parties who bear some degree of responsibility for an accident.  Tennessee’s comparative fault system allows plaintiffs to recover for their injuries from other responsible parties, even if the plaintiff was also negligent to some degree.  In this situation, the plaintiff was almost certainly negligent since he was apparently standing up on top of a converted school bus partying while it was in motion.  The driver of the bus would also have been negligent here, because you simply cannot operate a vehicle while people are standing up on top of it and drinking alcohol, and you certainly need to make sure your vehicle isn’t over fifteen feet tall before you smash into an overpass which clearly says “Clearance: 15 feet 0 inches.”  Had the jury found that the dealership converted the bus prior to sell it, the dealership too would bear some degree of liability for constructing and selling a dangerous vehicle.  Several other parties would potentially be liable in such a situation including the owner of the bus, the organizers of the party, etc., but their liability would depend on the facts of the case.<br />
	<br />
In a complicated case where many different parties may be liable, it is important to know who can be held responsible and what level of responsibility they may bear. Consulting a skilled personal injury attorney can assist plaintiffs in maximizing their recovery.</p>

<p>Source: http://www2.ljworld.com/news/2010/jul/13/cat-tracker-fatality-case-now-lawrence-jurys-hands/  <br />
	<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Pop Star George Michael Wreaks Havoc on the Streets of London</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/pop_star_george_michael_wreaks.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=82092" title="Pop Star George Michael Wreaks Havoc on the Streets of London" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.82092</id>
    
    <published>2010-07-13T19:08:24Z</published>
    <updated>2010-07-13T19:09:46Z</updated>
    
    <summary> George Michael made headlines yet again when he apparently mistook a local film developing store for a parking space and drove his car straight into the storefront. Police arrived at the scene and took Michael to the police station...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>	George Michael made headlines yet again when he apparently mistook a local film developing store for a parking space and drove his car straight into the storefront.  Police arrived at the scene and took Michael to the police station on suspicion of DUI.  Reports indicate that the vehicle caused extensive damage to the photo shop, which may have to replace its entire storefront.<br />
	<br />
The first thing any reader should take away from this situation is that there indeed are still people in this world who do not use digital cameras and there are even shops that still develop film.  The second is that situations such as the one described above happen daily around the world, including in Tennessee, and it is important to know, both as a victim and as the responsible party, what liability may be placed upon the responsible party when such accidents occur.  Assuming Mr. Michael was intoxicated at the time of the accident, Tennessee law would label him as negligent per se.  This essentially means that in a personal injury suit there would be no need for the plaintiff to prove anything other than the fact that Mr. Michael was intoxicated in order for him to be held responsible for all of the foreseeable damages that flowed from his actions.<br />
	<br />
In a situation like this one where an intoxicated driver causes the destruction of someone else’s property, damages can accumulate in a hurry.  The driver in a similar situation to this one will be responsible not only for the damage that he caused to the store but also for the cost of repairing the storefront and restoring the shop to the condition it was in before he decided to turn the store into a literal drive-in.  He would also be responsible for the destruction of the property of customers that occurred as a result of his actions. In this situation, such damage is likely to be minimal but the possibility for larger damages will exist in different situations.  Whether you are the responsible party or the victim in such cases, it is important to know who can be held responsible for what damages.  Consulting an<a href="www.joebakerlaw.com"> experienced personal injury attorney</a> can help parties on either side determine the best course of action.  </p>

<p>Source: http://www.foxnews.com/entertainment/2010/07/06/george-michael-arrested-driving-car-storefront/     <br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Strict Liability</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/strict_liability.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=81734" title="Strict Liability" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.81734</id>
    
    <published>2010-07-08T16:52:01Z</published>
    <updated>2010-07-08T16:52:48Z</updated>
    
    <summary>Strict liability is a concept that has implications for various aspects of personal injury law. Simply put, strict liability will attach to a defendant whenever they engage in some sort of abnormally dangerous activity (it also attaches in other areas...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Personal Injury" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Strict liability is a concept that has implications for various aspects of personal injury law.  Simply put, strict liability will attach to a defendant whenever they engage in some sort of abnormally dangerous activity (it also attaches in other areas such as products liability which will not be discussed in this blog) such as transporting toxic chemicals or starting a tiger breeding farm in the middle of a neighborhood.  The basic principle behind strict liability is that the defendant is engaged in an activity that is so abnormally dangerous that he or she should be held responsible for any foreseeable damages regardless of how careful he or she is.<br />
	<br />
For example, say Bernard starts a tiger breeding farm in the middle of his neighborhood which has extremely lax zoning restrictions.  Bernard is out walking one of his tigers while being as careful as possible.  Wendy comes by and notices that Bernard is walking a jungle cat down the street, becomes terrified and tries to run away, running straight into the path of an oncoming car which hits Wendy and causes her severe injuries.  Wendy will be able to recover for those injuries from Bernard because he was engaged in an activity so dangerous that his level of care is irrelevant.  It is foreseeable that someone would see him walking a tiger, become frightened, and try to run away.  Thus, he is liable for all of the consequences that flow from that.</p>

<p>The above example was pretty rudimentary and strict liability cases are often more complex than that.  It is also highly unlikely you will come across many people walking tigers in your neighborhood.  However, you or someone you know may become injured in a situation where strict liability should apply.  Consult a<a href="www.joebakerlaw.com"> knowledgeable personal injury attorney</a> to determine what type of case you have and how to best recover for your injuries. <br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Fireworks Mishap In Pennsylvania Injures Eleven</title>
    <link rel="alternate" type="text/html" href="http://www.tennesseeinjurylawyerblog.com/2010/07/fireworks_mishap_in_pennsylvan.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.tennesseeinjurylawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=130/entry_id=81548" title="Fireworks Mishap In Pennsylvania Injures Eleven" />
    <id>tag:www.tennesseeinjurylawyerblog.com,2010://130.81548</id>
    
    <published>2010-07-06T22:06:13Z</published>
    <updated>2010-07-06T22:07:48Z</updated>
    
    <summary>Every year, people gather in large crowds to watch fireworks and every year some mishap happens with fireworks that injures a decent number of spectators. Given the fact that fireworks are inherently dangerous due to the fact that they literally...</summary>
    <author>
        <name>Baker Associates</name>
        <uri>http://www.joebakerlaw.com/</uri>
    </author>
            <category term="Personal Injury" />
    
    <content type="html" xml:lang="en" xml:base="http://www.tennesseeinjurylawyerblog.com/">
        <![CDATA[<p>Every year, people gather in large crowds to watch fireworks and every year some mishap happens with fireworks that injures a decent number of spectators.  Given the fact that fireworks are inherently dangerous due to the fact that they literally operate via an explosion of gunpowder plus the unfortunate reality that many people who operate fireworks are not experienced at doing so or particularly careful in how they go about it, and you have a perfect recipe for disaster.  For a good example of how a fireworks show can go wrong, read the below-cited article regarding a fireworks show that malfunctioned in Pennsylvania and injured almost a dozen spectators.<br />
	<br />
Like any dangerous instrumentality, fireworks have a tendency to injure people when they are used or manufactured in a negligent or defective manner.  The likelihood of such injury occurring is multiplied many times over when the fireworks and crowds watching them get bigger.  That is not to say, however, that fireworks incidents cannot happen in more intimate settings.  In fact, many fireworks-related injuries happen in smaller, more private settings where people tend to behave in a less cautious manner by throwing firecrackers or shooting bottle rockets at each other.  To put it plainly, fireworks are dangerous and negligent use of them can cause injury regardless of the setting.<br />
	<br />
Tennesseans are injured every year by negligent use of fireworks.  Victims of firework-related negligence may have to file a personal injury suit in order to recover for their losses.  Using an experienced personal injury attorney will allow victims to maximize their chances for recovery while avoiding much of the stress that accompanies trying to recover for their damages on their own.</p>

<p>Source: http://www.fox6now.com/news/nationworld/sns-viral-fireworks-display-story,0,129394.htmlstory<br />
</p>]]>
        
    </content>
</entry>

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