Nashville Personal Injury Lawyer - Motor Vehicle Accidents

Hulk Hogan Sued for Son's Car Accident

Rob McKinney — Tue, 25 Mar 2008 16:51:29 GMT

Wrestler Hulk Hogan was sued in Florida by the family of a man who was critically injured in an accident involving Hogan's son. It is alleged that the Hulkster knew his son liked to speed and race other drivers. The purpose of the post today is when can a parent be sued for the acts of his child.

The Family Pupose Doctrine is one instance a parent can be sued for his child's actions. Under the Family Purpose Doctrine , the head of the household who maintains a car or motor vehicle for the general use of the family can be liable for the negligence of any member of the family driving the vehicle provided the driver received express or implied consent. Two elements must be met. First, The head of household must provide a car for the purpose of providing pleasure or comfort of the family. Secondly, the driver of the car must be using the car in in furtherance of that purpose with the permission of the owner.

Originally posted at InjuryBoard by Rob McKinney

Proving Your Medical Expenses

Rob McKinney — Thu, 13 Mar 2008 15:06:44 GMT

Proving your medical bills is a hard problem for most of my clients to understand. The general public assumes that once you get treatment for your injuries in a truck accident case that you simply provide your medical bills to the insurance company. If your lawsuit is filed, you have to prove your medical bills by taking medical proof by way of depositions. There are three components of proving your medical expenses . One lawyer has refered to it as the trifecta. Under Tennessee Law , one has to prove the medical bills are reasonable , necessary , and were caused by the accident itself. Causation of the injuries is always the hotly contested issue . One of the problems of moving the case along is taking the medical evidence in cases. Doctors are exempt from subpoena and have to be set on their timeframe.

Originally posted at InjuryBoard by Rob McKinney

Update on Cellphone Distractions

Rob McKinney — Mon, 10 Mar 2008 16:50:42 GMT

A new study reports that simply listening to a cellphone distracts drivers. Several states ban drivers from using cellphones while driving but allow hands-free cellphone use. Most drivers think hands-free cellphone use is safe, however new studies show it can be just as distracting. Neuroscientist Marcel Just found that "Listening while driving led to a significant deterioration in driving accuracy." Why is cellphone use important in your car accident case? Tennessee uses comparative fault in deciding cases. Smart insurance defense lawyers try to shift the focus to the plaintiff to lessen the amount of liability to the defendant. Using the fact that the defendant was using a cellphone is good evidence that they were simply not paying attention to the roadway, thus proving your case. More evidence that one created the danger and is at fault in the accident equals more damages recovered.

Originally posted at InjuryBoard by Rob McKinney

Make Sure That Windshield Is Clean

Rob McKinney — Fri, 07 Mar 2008 07:14:46 GMT

Snow and ice are predicted for Middle Tennessee this weekend. Make sure your windsheild is free from anything limiting your ability to see. A driver in Nashville , Tennessee did not clean his windsheild and a young boy went to the hospital with a broken leg. Clarence Hawkins failed to clear the dew from his windsheild and struck a young boy walking to school. Mr Hawkins told police he did not see the boy and thought he hit a limb. He was cited for failure to use due care when driving his car. One of the first safety rules is the ability to maintain a proper lookout. Have a safe weekend.

Originally posted at InjuryBoard by Rob McKinney

Cellphone Accident Case Settles For Millions

Rob McKinney — Thu, 06 Mar 2008 14:46:50 GMT

A Georgia woman recovered a $ 5.2 million dollar settlement from a paper company whose employee was using a cell phone. Debra Ford was rear-ended by a company car that was owned by International Paper Co. The key issue was whether the employee was using her cellphone at the time of the car accident. The driver of the company car did not remember driving the last mile before the accident. There have been studies conducted on "inattention blindness" caused by cellphone use. These studies further show that cellphone usage affects drivers more than if they were driving at a .08 blood alcohol level . The bottom line is that you are more impaired using a cellphone than driving drunk. This is also an example of why you should start your case as soon as possible to get those cellphone records.

Originally posted at InjuryBoard by Rob McKinney

Motorcycle Safety(3)

Rob McKinney — Sun, 02 Mar 2008 09:44:54 GMT

Last week , our office accepted a motorcycle accident case. My client was seriously injured when an elderly lady turned right in front of his motorcycle . She was cited for failure to yield. The motorcycle he was riding is commonly refered to as a crotch rocket . Those bikes are not as noticeable as some of the other bikes on the streets. Therefore , visibilty is always an important safety issue. Motorcycle riders have to be more careful due to the fact is that some drivers totally do not pay attention to the bikes on the street . So, make yourself more visible by wearing bright colored jackets when riding .Have a safe weekend .

Originally posted at InjuryBoard by Rob McKinney

Big Business Controls Justice in Tennessee

Rob McKinney — Mon, 25 Feb 2008 08:11:51 GMT

Big Business has taken over the court system. First , the nursing home industry is pushing for damage caps on nursing home lawsuits. The nursing home groups want to put a $ 500,000 monetary cap on nursing home lawsuits. This proposal comes when the nursing home care is at an alltime low in terms of quality patient care. Second , the Bush Adminstration is pushing for the appointment of a political hack as Judge in the Federal District Court here in Nashville. I am sure he is a fine man , but he has no trial experience . He has two qualifications .One , he worked for several Republican politicans. Two, he works for a private prison company that gets sued a lot. It appears that he has never set foot in the courtroom. How can someone run a trial if they have never been there before ? I just read the new John Grisham 's new book ,The Appeal. Now fiction becomes fact.

Originally posted at InjuryBoard by Rob McKinney

Yamaha Rhino Accident Cases(2)

Rob McKinney — Fri, 22 Feb 2008 16:18:54 GMT

Our office is now investigating Yamaha Rhino accident cases. Yamaha Rhinos are all terrain vehicles where a driver and passenger sit side by side. In September 2006, Yamaha issued a warning letter to all owners. The warning stated "if you are in a situation where the vehicle is tipping over, do not put your arm or leg outside the vehicle to try to stop it.You could be severely injured.You could suffer a crushed foot,arm,leg,or hand if part of your body is caught underneath the vehicle." The problem is that turning the Rhino at less than 20 miles per hour makes it impossible to keep your hands and legs inside the Rhino.

Yamaha announced recently that they were making design modifications.The modifications would include adding doors and passenger handholds. The design changes was not fast enough to prevent a number of serious accidents involving crushing injuries and amputations. Too little too late.

Originally posted at InjuryBoard by Rob McKinney

Mediation is the Trend in Settling Cases

Rob McKinney — Fri, 01 Feb 2008 13:19:51 GMT

Most personal injury cases are settled out of court . One way to settle your case is though mediation . Mediation is a non-binding form of alternative dispute resloution . The mediation process begins when both sides agree to a mediator. Most mediators are lawyers that have been in the trenches of a trial practice . The mediator is impartial and does not represent any side . Their role is try to settle the case period . They have no hidden agenda . For most of my clients , it is their first mediation . It is not a secret meeting for the lawyers . It is your day to convince the other side to settle your claim . So, be prepared . Read your medical records and the discovery .Read your lawsuit and be prepared to discuss the weaknesses in your case . Good Luck .

Originally posted at InjuryBoard by Rob McKinney

Pedestrian Safety

Rob McKinney — Wed, 30 Jan 2008 16:19:25 GMT

At night when I am driving home , I see a number of walkers and joggers out exercising . Most do not wear any reflective clothing or use any lights . I almost hit one person . I thought i would look up the law on the use of the roadways by walkers and joggers in general. Under Tennessee law , a pedestrian has to use ordinary care for his own safety which may include keeping a lookout for passing cars in order to avoid being hit by a car . A walker , jogger or pedestrian must keep a proper lookout for traffic . Better yet , I encourage everyone who exercises after dark in the suburbs to wear a reflective vest for their own safety .

Originally posted at InjuryBoard by Rob McKinney