Nashville Personal Injury Lawyer - Trucking Accidents

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

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

Insurance Coverage in Tractor Trailer Truck Cases

Rob McKinney — Wed, 05 Mar 2008 17:11:46 GMT

Congress enacted laws to make sure the public was protected for motor vehicle accidents involving big trucks. Federal regulations impose minimum insurance coverage of $750,000 for non-hazordous commerical carriers with a gross vehicle weight rating of 10,000 or more pounds . All truck companies are required to have their policies endorsed. This endorsement creates an obligation to the public to pay any judgement resulting from negligence in the operation,maintence,and use of motor vehicles. Trucks hauling oil or hazardous loads require insurance ranging from $1,000,000, to $5,000,000. When you are deciding on a truck accident attorney , they should know this basic rule of law on the amount of insurance coverage. If they do not know the minimum amounts of coverage , this might be a sign of their knowledge of truck accident law.

Originally posted at InjuryBoard by Rob McKinney

Insurance Coverage in Tractor Trailer Truck Cases(2)

Rob McKinney — Wed, 05 Mar 2008 17:11:46 GMT

Congress enacted laws to make sure the public was protected for motor vehicle accidents involving big trucks. Federal regulations impose minimum insurance coverage of $750,000 for non-hazardous commerical carriers with a gross vehicle weight rating of 10,000 or more pounds . All truck companies are required to have their policies endorsed. This endorsement creates an obligation to the public to pay any judgement resulting from negligence in the operation, maintence, and use of motor vehicles. Trucks hauling oil or hazardous loads require insurance ranging from $1,000,000, to $5,000,000. When you are deciding on a truck accident attorney , they should know this basic rule of law on the amount of insurance coverage. If they do not know the minimum amounts of coverage , this might be a sign of their knowledge of truck accident law.

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

What is a Deposition ?

Rob McKinney — Mon, 18 Feb 2008 17:05:36 GMT

I have spent the day preparing for depositions and I thought it might be a good topic to discuss.Once your lawsuit is filed , you will probably be required to give your deposition . A deposition is simply a question and answer session. It is done under oath just like you were in court. It is simply a device for attorneys to discover the who ,what ,when, and where of your lawsuit. Based upon my experience , the plaintiff's deposition is broken down to background information , the accident , and your damages . You cannot win your case at a deposition , but you can show the insurance lawyer that you are going to be a good witness . Good witnesses equal sucess in trial.

Originally posted at InjuryBoard by Rob McKinney

What Does An Accident Recontructionist Do

Rob McKinney — Fri, 15 Feb 2008 12:37:06 GMT

The last part of a truck accident investigation may involve an accident reconstructionist. A expert may be used if it is not clear what happened at the truck accident scene. A truck accident reconstructionist will look beyond what happened , but why it happened . It is a detailed analysis of the physical evidence to to determine the cause of the accident. A truck accident reconstructionist can make Time-distance analysis , high- level speed calculations , or evaluate driver perception and response . The truck accident reconstructionist is the last piece of the puzzle in determining causation in these type of accident cases.

Originally posted at InjuryBoard by Rob McKinney

Truck Accidents in Bad Weather

Rob McKinney — Thu, 14 Feb 2008 10:52:11 GMT

Yesterday , Middle Tennessee had some winter weather and snow hit the ground. We also had a serious truck accident case that happened on Interstate 65 in Williamson County ,Tennessee. A three car accident which involved a tractor trailer shut down traffic on I-65 for several hours. No cause has been determined at this time according to the Tennessee Highway Patrol . However , it brings to mind one of the laws of the Federal Motor Carrier Safety Act . Truck drivers must slow down when they encounter adverse weather such as snow,sleet, fog, and other adverse weather conditions. It is important for all drivers to slow down once any bad weather occurs.

Originally posted at InjuryBoard by Rob McKinney

Truck Accident Investigation at the Scene

Rob McKinney — Wed, 13 Feb 2008 08:08:20 GMT

The scene investigation is focused on data and evidence collection after a serious injury , fatality , or extensive property damage truck accident. There are four main areas in the investigation process . First , evidence is located on the roadway and measured to place it on its final resting place. Measuring techniques vary, but they can include pacing , the use of measuring tapes or electronic devices. Second, photographs are made at the scene. These photographs are cruical since they are the first images of the scene. Third . an investigation of the condition of the cars or trucks involved will be conducted .These are simply a visual observation of the truck to check to on the condition of tires , lights , brakes, or other safety equipment . Fourth , interviews are done of the drivers of the truck and or cars and any other witnesses.

Originally posted at InjuryBoard by Rob McKinney