Knoxville Tennessee Legal Blog

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.

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

Statistics show the danger of distracted driving

It's no secret that distracted driving is a growing problem across America. In fact, studies have shown that distracted driving accounts for about 25 percent of all car accident deaths. This is staggering considering that more than 3,400 people were killed in distracted driving wrecks in one year alone, 2015, and another 391,000 were injured. Motorists mistakenly think that they can glance down at their phone, a magazine or food without missing anything on the road. Yet, given the speed at which an individual may be traveling when attention is taken off of the road, a significant distance may pass without a driver even seeing it.

There have been a number of public safety and law enforcement initiatives aimed at curtailing distracted driving. Many of these efforts tout the penalties of non-compliance with the law and the danger of failing to remain attentive while behind the wheel. Yet, despite these warnings, far too many motorists still choose to engage in other tasks while they are driving.

Free yourself from a bad executor

The probate process can be complicated and time-consuming, depending on several factors, including the size of an estate and the efficiency of the executor. Settling an estate can be stressful under the best of circumstances, but when the named executor is dragging their feet or becomes untrustworthy, the process can become even more fraught

It is one thing when a beneficiary has an issue with a will. But when the person charged with administering the estate is the one causing problems, then you need to take specific steps to ensure the process gets back on track. 

First steps after a personal injury accident

Car accidents can be very confusing and disorienting for the victims involved. Most car accident victims did not expect to have to deal with the repercussions of a car crash before the crash, so it can seem to them that a number of important decisions must be made in a very short time. There is some basic information that Knoxville residents should know about actions to take immediately after a car accident in which they have suffered personal injury.

The first order of business is to look after one's own health and the health of others as appropriate. Depending on their personal circumstances after the accident, a victim may want or need to pursue compensation from third parties who may bear the legal responsibility for injuries suffered. Evidence may be needed to pursue this compensation, so preserving evidence can be essential.

Helping Tennessee residents with public interest litigation

Water is life, so when government action is damaging or destroying waterways interested parties will want to act quickly to avoid damage to their vital interests. Disputes about these actions can involve private parties, and they can even involve other state governments.

Not long ago, we told you about two states that were involved in a waterway dispute over a river that flows through both. One state contended that the other used too much of the river's water, and it also contended that this harmed the state's economy. The dispute went all the way to the U.S. Supreme Court, which was trying to find a resolution to the problem.

Do business owners really need an estate plan?

You are not yet elderly, but you have been hearing a lot about estate plans. Lately, you have been thinking about creating one for yourself. But you are not certain that an estate plan is necessary. After all, you are in good health, your business is going strong and you can’t imagine your family or business partners mishandling your estate in the event of your death.

Currently, you do not believe that an estate plan is necessary. This belief, however, is a big mistake. Everyone needs an estate plan—especially business owners. Read on to learn some important reasons why an estate plan is crucial to protecting your legacy and ensuring your family’s and business’s success.

Driver in fatal crash in possession of heroin

A 32-year-old man from Friendsville, Tennessee, has been charged with vehicular homicide, DUI and possession of heroin after a fatal car crash on September 30.

The Knoxville Police Department received notice of a three-vehicle accident around 6:45 p.m. The location was on Woodland Avenue under the I-275 overpass. Upon arrival and preliminary investigation, it was determined that a vehicle had driven off of I-275, down an embankment and crashed into another vehicle, which was eastbound on Woodland Avenue. The driver of the vehicle on Woodland Avenue, a 65-year-old Knoxville man, was pronounced dead at the scene. It is unclear how the third vehicle was involved, but none of its occupants were injured.

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The Hurley Law Firm

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

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