D.U.I. OFFENSE D.U.I Offense in Tennessee, it is illegal for a person to drive or be in control of an automobile or any motor-driven vehicle (which includes golf carts, tractors and motorized scooters) on any public road, highway, street, alley, parking lot, or any other premises frequented by the public while under the influence of any intoxicant (including both illegal drugs and … [Read more...]
JONES ACT A/K/A MARITIME LAW
JONES ACT A/K/A MARITIME LAW The Merchant Marine Act (commonly known as the Jones Act A/K/A Maritime Law was enacted in 1920 (46 U.S.C.A. § 688) to provide a remedy to sailors (the right to sue their employers) for injuries or death resulting from the negligence of an owner, a master or a fellow sailor of a vessel. No matter how or why a sailor (seaman) was injured, certain medical and living … [Read more...]
PERMANENT DISABILITY
PERSONAL INJURY – PERMANENT DISABILITY Ballentine's Law Dictionary defines a permanent disability is one that "will remain with a person throughout" his or her lifetime, or he or she will not recover, or "that in all possibility, will continue indefinitely." Unfortunately, permanent disabilities from accidents happen far too often. Determining the extent of the injury is very important in … [Read more...]
PERSONAL INJURY –WHAT IS COMPARATIVE FAULT
PERSONAL INJURY –WHAT IS COMPARATIVE FAULT (NEGLIGENCE) Comparative Fault (Negligence): A doctrine of tort (personal injury) law which permits the plaintiff and the defendant and others to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were at fault and thereby contributed to the cause of the injury. There are two categories of … [Read more...]
Dangers Of Being A GOOD SAMARATIN
GOOD SAMARITAN ACT Dangers of being a good Samaratin-Suppose you are driving down a lonely highway – you appear to be the only vehicle in sight for miles. You top a slight hill and there it is – a head on collision involving a tractor-trailer and a mini-van full of children. Apparently this has just happened as the smoke is still emitting from the engines. You pull over on the side of the … [Read more...]
WHEN IN AN AUTO ACCIDENT
WHEN IN AN AUTO ACCIDENT When in an auto accident-DO NOT: • Leave the scene of the accident. • Try to move any injured person. • Lose your temper. • Take the blame for the accident. Simply be truthful and explain to the officer your version of how the accident occurred, keeping in mind that any statement made by you is an admission by you and admissible in court and will likely be written … [Read more...]
INJURY CASE -LOSS OF CONSORTIUM
PERSONAL INJURY – LOSS OF CONSORTIUM Loss of Consortium – Consists of several elements, encompassing not only material services, but such intangibles as society, guidance, companionship and sexual relations. Black’s Law Dictionary, Sixth Edition. Damages in a personal injury case are usually clear cut. It is easy to see on paper how much a person has spent on medical bills or the amount of … [Read more...]
UPS TRUCK AND CAR COLLIDE IN MEMPHIS
UPS TRUCK AND CAR COLLIDE IN MEMPHIS – ONE KILLED, ONE CRITICAL On Tuesday evening, October 27, 2015, Andrew Morris made many bad decisions. Mr. Morris was driving westbound on Winchester Road when he decided to turn left toward a private driveway, However, he did so in the path of a UPS truck that was traveling eastbound on Winchester, which struck the passenger side of the Dodge Avenger Mr. … [Read more...]
EMOTIONAL DISTRESS
EMOTIONAL DISTRESS Emotional Distress – A claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Negligent Infliction of Emotional Distress: The responsible party exhibited negligent behavior that caused the distress (i.e., rear end collision). You must be able to prove a connection between the wrongdoer’s conduct and the emotional distress. The … [Read more...]
CONFEDERATE FLAG
Confederate Flag, should it stay or should it go?Unless you have been staying on a desert island this week with no communication to the world, everyone knows that the Confederate Flag is coming down from flagpoles all over the country. This allegedly racist flag has been a major conversation piece - especially for the State of Alabama even though the issue began because of a racist shooting in … [Read more...]