- Rob McKinney | October 31, 2006 7:25 AM |
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Automobile AccidentsHappy Halloween ! Children"s safety is very important to me . I have three children and their safety as well as your chilren's safety is critical .Tonight let's be extra careful . Make sure your children can see in their costumes . Have them carry a flashlight or wear something reflective . Finally, stay in well-lighted areas instead of running across stranger's yards...
- Rob McKinney | October 30, 2006 7:12 AM |
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Automobile AccidentsEveryone seems to be riding motorcycles these days . On weekends , I notice a ton of people riding for pleasure .The motorcycle accident cases that I am handling all involve drivers not paying attention to the road. The October edition of the Tennessee Motorcyclist gives some tips for motorcycle safety . A motorcycle can easily be hidden in a...
- Rob McKinney | October 28, 2006 11:20 AM |
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Automobile AccidentsI have handled cases from a rearend car crash to a wrongful death case invoving a tractor trailor truck.A small claim is just as important to me as a big case , because I like to help people recover from something they did not cause or create . Insurance companies drag their feet in settling cases.How can you get the case moving faster ? I finally rethought...
- Rob McKinney | October 26, 2006 3:54 PM |
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Automobile AccidentsI have been discussing punitive damages in car accidents and truck accidents this week . A main area of punitive damages claims can be presented in a case againist a drunk drivers .The National Highway Traffic and Safety Administration reports that alcohol related crashes accounted for 38 % of all highway fatalities . Under current Tennessee Law , a...
- Rob McKinney | October 25, 2006 5:29 PM |
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Tractor-Trailer AccidentsThis week I have been discussing when punitive damages apply . My personal opinion is that they rarely apply under Tennessee law except in tractor trailer crashes or when you have been hit by a D.U.I. driver . Here is a short list of what the jury would have to consider . The jury can consider several factors in awarding punitive damages .The defendant's...
- Rob McKinney | October 24, 2006 7:59 AM |
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Tractor-Trailer AccidentsYesterday , I wrote about punitive damages . Today , The Nashville Tennessean reported a truck driver plead guilty to reckless homicide for causing a fiery truck wreck on Interstate 24 that killed a career soldier and his daughter . This is one example of why punitive damages are important . The courts have provided clear defintions for the elements of punitive damages . ...
- Rob McKinney | October 23, 2006 5:46 PM |
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Tractor-Trailer AccidentsPunitive damages are rare in the ordinary car wreck case . The exception is in the tractor trailer truck accidents . These truck companies are overseeing these big trucks that travel our interstate system . The truck companies may be liable for punitive damages in certain cases . The Tennessee Supreme Court revised the quidelines for puntive...
- Rob McKinney | October 18, 2006 7:45 AM |
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Wrongful DeathThe Governor of Tennessee and the Tennessee Legislature has severely limited a injured worker's right for fair compensation . The worker' compensation act limits the amount one can recover for the loss of a loved one. Therefore, it is important to look at who caused the injury or death in these accidents. When an injury or death is caused by the negligence...
- Rob McKinney | October 11, 2006 7:50 AM |
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Wrongful DeathI was reading the Nashville Tennessean Newspaper this morning about an apartment house fire . The paper reported that the fire started on the first floor . Hopefully , no one was injured and my blessings go out to those families . This article reminded me of the importance of fire safety to prevent serious injuries from house fires .I am currently handling a fire case that...
- Rob McKinney | October 10, 2006 7:27 AM |
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Tractor-Trailer AccidentsIn Tennessee , it is required that everyone in a car must wear a sealtbelt . It is the number one safety feature on a car or truck to prevent serious injuries in a car or truck accident . What if you forget to wear your seatbelt ? Can that be used againist you in court ? The general rule is that the failure to wear a seatbelt shall not be admissible in a...
- Rob McKinney | October 09, 2006 7:15 AM |
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Tractor-Trailer AccidentsI have written about the need to gather evidence since I started writing the blog . In trucking accidents and car wreck cases whoever has the most information and demonstrative evidence is far ahead in the case . Today, we will talk briefly about the data recorders known as the black box that are in a lot of cars and trucks now on the road . Event Data...
- Rob McKinney | October 05, 2006 4:39 PM |
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Tractor-Trailer AccidentsNashville and the surrounding counties such as Rutherford , Wilson , and Williamson Counties are blessed with three interstates . The only problem with the access to these interstates is the increased number of serious tractor trailer accidents . It is imperative for your case to hire an attorney immediately to begin an investigation. The main reason is to...
- Rob McKinney | October 04, 2006 8:07 AM |
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Wrongful DeathWhat can a family recover for the tragic loss of a loved one in a wrongful death case ? Tennessee Code Annotated Section 20-5-113 sets the type of damages a famliy can recover in these types of cases . There are several types of damages one can recover in a wrongful death action . First , you can be awarded the mental and physical suffering actually...
- Rob McKinney | October 03, 2006 7:30 AM |
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Wrongful DeathA couple of weeks ago, I was arguing a wrongful death case before the Tennessee Court of Appeals.The case involved the liability of a landlord to people who visited the premises.So,what do you have to prove in a slip and fall or trip and fall case on rented property ? Under Tennessee law, A landlord is odinarily not responsible for an injury to a...