Knoxville Tennessee Legal Blog

Dangerous cellphone use could lead to car accidents

Knoxville-area residents and tourists are often seen operating their motor vehicles while engaging their cellphones. Some of these individuals are utilizing GPS, while others are using the device for surfing the Internet, texting or talking. Regardless of how or why a phone is being used, it can take an individual's attention away from road. This can increase the chance of being involved in a serious car accident by as much as 66 percent.

In fact, a recent study conducted by the Insurance Institute for Highway Safety found that, although overall cellphone use while driving is on the decline, motorists are still using their phones in risky ways, which may mean that we will see more of these wrecks in the future. The study found that, while the number of motorists talking on their cellphone while driving has gone done since 2014, drivers manipulating their phones while behind the wheel increased 57 percent in 2018 compared to drivers in 2014. This is very troubling considering that 800 people were killed in 2017 in accidents attributable to cellphone manipulation.

If you suspect medical malpractice, what should you do next?

When you go to a doctor, it is with the expectation that you will receive care that meets a certain standard. It can be devastating for a Tennessee patient to suffer harm or additional medical issues because of a lack of quality care while seeing a doctor or in the hospital. Medical malpractice is unacceptable, and victims have the right to hold liable parties accountable.

If you think this is a reasonable course of action for you, how should you move forward? As a victim of medical malpractice, the thought of filing a civil claim may seem overwhelming to you at this time. Before you proceed, it can help to seek a full understanding of how the civil claims process works and what you can do to protect your interests as you proceed.

The basics of premises liability claims in Tennessee

Entering onto the property of another should not be a frightening endeavor, especially when one is invited onto the premises in question. Every day, Tennessee residents enter grocery stores, retail outlets, gas stations and even the yards and homes of neighbors and friends to conduct their daily business. Oftentimes, we give little, if any, thought about the safety of these premises, but the truth of the matter is that they can pose serious hazards that can leave an individual with serious injuries.

Fortunately, those who have been harmed while on the property of another may be able to recover compensation for their damages by pursuing a premises liability lawsuit. To succeed in one of these claims, though, certain legal elements must be proven. Boiled down, it must be shown that a property owner failed to live up to an applicable standard of care, and that failure caused the victim's injuries.

Consider legal help for breach of contract issues in Tennessee

Previously on this blog we discussed the remedies that can be sought for breach of contract. In many cases, those who have been wronged seek compensation for their financial losses. Then, they may either seek to continue the contract or rescind it so that no further obligations are owed. Proving breach of contract and recovering this compensation may sound easy enough, but the truth is that it can actually be quite complicated. Parties to the agreement may have differing accounts of the event that is alleged to have caused a breach, and the terms of the contract itself may be vague or ambiguous.

When breach of contract leads to losses, legal action is justified. However, those who have been wronged need to make sure they have the best evidence possible before moving forward with a claim. This may mean collecting all pertinent documentation and correspondence, and discussing the events in question with potential witnesses. Only then can a wronged party best position itself for success during settlement negotiations and trial.

Business law and the commercial property lease

Starting and expanding a business in Tennessee are two completely different, yet equally challenging, endeavors. It requires extensive legal know-how and fully informed decisiveness that is on-point. This applies to every aspect of a business, from business formation, hiring employees, entering into contracts and even finding the physical space in which to carry out the business. Knowledge and foresight is key when addressing any of these issues.

One such issue is leasing commercial property. When looking to set up, move or expand a business it is critically important to ensure that the premises on which the business is to be carried out is suited to its needs and that the costs do not eat too deeply into company profits. Some businesses choose to buy commercial property, but many other businesses choose to lease commercial property instead.

Stopping distance affects the risk of car accidents with big-rigs

Semi-trucks make up a significant portion of the traffic on Tennessee's roads. These massive vehicles can be intimidating, and for good reason. Their sheer size can prove deadly in a car accident, as their increased weight can crush a passenger vehicle like a soda can in the blink of an eye. Therefore, regulations are in place to ensure that truckers operate their vehicles safely. However, despite these regulatory attempts, far too often truckers act negligently, thereby putting innocent motorists in harm's way.

One way this happens is when truckers fail to give themselves enough distance to come to a safe stop. A passenger vehicle can be 18 feet long and weigh as much as 4,000 pounds, but a semi-truck can be 65 feet long and weigh as much as 80,000 pounds. Therefore, a big-rig needs a significantly greater distance to come to a safe stop compared to a passenger vehicle. When traveling at 65 miles per hour, for example, a car will only need about 316 feet to safely stop, whereas a semi-truck traveling at that same speed will need 525 feet.

Reasons for which you can contest a will

When your loved one died, you may have expected to receive an inheritance. Perhaps you were surprised when you learned that you would not receive what you were told you would get. Perhaps you were surprised to learn that substantial assets were removed from the estate by way of alleged gifts. You may wonder what your rights are and whether you can contest the will or challenge the validity of certain provisions or distributions.

Whether you can file an objection to the will with a Tennessee court depends on the particular circumstances of your case. The law only allows a legally interested party to file a will contest or seek to recover property for specific reasons.

Drunk driving car accident kills one, injures four

Drunk driving continues to occur in Tennessee, and, as a result, everyday Tennessean's lives are put at risk. An intoxicated motorist can drive the wrong way, cross over into oncoming traffic, fail to yield to pedestrians, neglect to slow for stopped traffic or fail to halt at stop signs and red lights. Any of these situations can result in a car accident that has tragic consequences where innocent individuals are injured or killed.

Sadly, one of those accidents occurred recently in East Knox County. There, one individual was killed and four others were injured when two pickup trucks struck each other. Police believe that alcohol was a factor in the wreck that left a 15-year-old dead. When law enforcement arrived on the scene, they found one of the trucks to be ablaze. Police continue to investigate the crash in order to obtain more information on its cause.

Remedies for breach of contract

Contracts are legally binding agreements that, in the business world, are the driving force of just about everything. Contracts can address terms of employment, supply chains and terms of sale. When parties competently negotiate these contracts and adhere to their terms, the business world can run quite smoothly. However, far too often one party fails to live up to its obligations under the contract. This is known as a breach of contract.

When a contract is breached, there are three types of remedies that can be sought. The first is damages, which essentially means recovering money from the breaching party. There are many different types of damages that can be recovered. A contract can specify an amount of liquidated damages that will be paid upon breach, but oftentimes the damages sought seek to put a wronged party back in the position it was in prior to the breach. 

Personal injury claims and settlement considerations

Individuals who have been injured by the negligence of another have a right to attempt to seek compensation for the damages they have suffered. These losses can be significant. Victims can be physical disabled and/or disfigured, emotionally devastated and financially crippled. Proving the elements of a negligence case at trial can lead to a full recovery of damages, but this is no easy feat, and nothing is guaranteed in a court of law. This is why most plaintiffs usually have a serious discussion about settling a case.

Settlement negotiations occur well before trial so that the parties can see if a matter can be resolved without the time, effort and expense involved with litigation. Before engaging in these conversations, a victim needs to fully understand the strength of the case. This means that a careful analysis of the evidence must be undertaken, as well as defense options that are available to the other side. Essentially, a cost-benefit analysis must be conducted. A person must consider the likelihood of success at trial against the settlement offer

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The Hurley Law Firm

The Hurley Law Firm, P.C.
205 Mohican Street
Knoxville, TN 37919

Phone: 865-888-5472
Fax: (865) 546-8121
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