Boston, Holt & Durham, PLLCLawrenceburg Personal Injury, Family Law and Criminal Law Firm2024-03-14T09:28:02Zhttps://www.bhsdlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502991/2022/07/cropped-bhd_FAV-32x32.pngOn Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501932024-03-14T09:28:02Z2024-03-14T09:25:29ZWhat factors make intersections so dangerous?
According to a recent article, almost 20% of all fatal motor vehicle collisions in Tennessee take place at an intersection. Intersections bring together multiple flows of traffic, each with different priorities, modes of transportation and movements. As a result, intersections have become a common place for car accidents to occur. The following factors contribute to the dangerousness of intersections:
Multiple directions of traffic colliding: Unlike other stretches of road, intersections involve traffic approaching from various directions. This increases the chances of encountering a vehicle.
Turning vehicles: Drivers making turns may be more focused on navigating the turn than on spotting pedestrians.
Light changes: The change of traffic lights can prompt sudden starts and stops, making it risky for pedestrians who aren't paying attention.
Blind spots: Large vehicles can create blind spots at intersections, making it harder for drivers and pedestrians to see each other.
Speeding: Many drivers speed through intersections, making it difficult to stop in time if another vehicle or pedestrian suddenly enters the intersection.
Poor road design or conditions: Some intersections may have inadequate lighting, poor signage or other safety hazards that can increase the risk of accidents. For example, if an intersection has poor lighting, it can be difficult for drivers to see pedestrians or other vehicles. Unclear or insufficient signs can lead to confusion and catastrophic collisions.
If you are injured in a car accident at a dangerous intersection in Tennessee, it is important to seek medical attention as soon as possible. You may be able to recover compensation from the party who caused the accident if they had driven irresponsibly or failed to look both ways before turning or crossing the intersection.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501912024-03-12T08:48:04Z2024-03-12T08:48:04ZAmicable divorce means no conflict
Many mistakenly perceive amicable divorce as having no conflict at all. However, while the term “amicable” generally means that both parties are cooperative and agreeable to the divorce process, it does not mean that there would not be any disagreements or emotional difficulties along the way. Instead, amicable divorces are more low conflict than no conflict.
Amicable divorce gives spouses total control
Though amicable divorces provide parties a certain degree of control as to how they want to settle their divorce issues, some decisions must still comply with the laws. In Tennessee, these laws include the equitable distribution of marital property and custody and support arrangements that are in the child’s best interests.
Moreover, parties who settle the divorce issues out of court must still submit the final agreement to the court for review and approval to ensure that they are fair and reasonable to both parties.
Amicable divorce is always a quicker process
It is possible for an amicable divorce to be quicker than a contentious one. However, it is not always the case. The duration of a divorce process will still depend on the complexity of the case, whether there are children involved and other factors relevant to the dissolution. Moreover, some states, like Tennessee, have a waiting period for divorces.
In a divorce, your main priority is to protect your and your family’s interests, regardless of whether you opt for contentious or amicable divorce. Proper research and a knowledgeable legal guidance can help you understand the process better and maintain your expectations.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501882024-03-07T00:14:11Z2024-03-01T00:10:01ZAn overview of the case
The plaintiff in the case in question was a man who worked for UBS Securities. He claimed that he was pressured into changing research reports to make them more favorable for the company's mortgage-backed securities desk. According to the lawsuit, he was viewed favorably by his superior prior to filing a claim with the Department of Labor in 2012. However, after doing so, he claimed that he was terminated while UBS claimed that the plaintiff was let go as part of a layoff. A jury initially awarded the plaintiff $1 million before the decision was reversed by the Second Circuit.
The reasoning behind the lower court decisions
At trial, the jury found that UBS couldn't prove that the plaintiff wouldn't have been terminated but for acting as a whistleblower. The Second Circuit found that the plaintiff hadn't proven that he was let go based on the complaint alone.
The Supreme Court ruled unanimously that UBS likely wouldn't have been liable if it could show that the termination would have happened even if the complaint hadn't been made. However, as a matter of employment law, employers generally do have the higher burden of proof in cases involving Sarbanes-Oxley protections.
If you believe that your employer is engaging in improper conduct, you generally have a right to report it. In the event that you're treated differently after engaging in protected activities, you may be entitled to compensation or other forms of relief.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501862024-02-21T11:12:32Z2024-02-21T11:12:32ZTractor accidents
Tractor accidents are one of the most common and deadly hazards farm workers face. Specifically, tractor rollovers are the leading cause of farm-related deaths. These can occur due to improper use, lack of safety equipment or uneven terrain.
Machinery accidents
Entanglement in or being struck by parts of heavy farm machinery, such as combines, harvesters and other specialized equipment, can be fatal. These accidents can occur because of missing safety guards or the failure to follow safety procedures due to a lack of proper training.
Toxic chemical exposure
Farm workers are at risk of fatal toxic chemical exposure due to the frequent use of pesticides, herbicides and fertilizers in farm work. Improper handling or storage of pesticides and other chemicals can lead to accidental poisoning or long-term health effects that result in death.
Fall accidents
Farm workers often face the risk of falls during their daily tasks, which can occur in various situations and lead to serious injuries or even fatalities. This includes falling from ladders, haylofts, large machineries or other heights on the farm.
Heatstroke and hypothermia
Extreme temperatures can lead to heatstroke or hypothermia, which can be fatal, particularly if the injured worker fails to seek prompt medical attention. Hence, it is important for agriculture employers to ensure the weather is suitable for farm work before sending their workers out in the open.
If you believe your loved one’s death resulted from a farm accident due to another’s negligence or disregard for safety protocols, you may seek legal action for wrongful death to obtain compensation for your loss.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501842024-02-16T17:50:28Z2024-02-16T17:50:28ZCheck for injuries
Immediately after the accident, check yourself and others involved for any injuries. If anyone is hurt, call emergency services right away. Even if injuries seem minor, be sure to seek medical attention as soon as possible.
Exchange information
Exchange contact and insurance information with all parties involved in the accident. This is especially important if multiple drivers may be liable for your damages, as it can be easy to overlook details in complex cases. Include names, phone numbers, addresses, insurance policy numbers and license plate numbers.
Document the scene
Take photographs of the accident scene, including the vehicles involved, any visible damages and road conditions. These photos can serve as valuable evidence during insurance claims or legal proceedings. Consider making note of the date, time and location of the accident.
Notify your insurance company
Contact your insurance company as soon as possible to report the accident. Provide them with all the relevant details, including the number of vehicles involved and any injuries sustained. Be honest and cooperative when discussing the incident with your insurer.
Follow up on medical treatment
After the accident, follow up with healthcare providers to ensure proper treatment and documentation of any injuries. Keep detailed records of medical expenses and treatments for insurance claims or potential legal proceedings.
Statistics show that there were an estimated 6,102,936 police-reported vehicle accidents in the United States in 2021. While multi-car accidents account for only a fraction of these, the figure goes to show that car accidents are an exceedingly common occurrence. It can be a traumatic experience, but the process of reporting a multi-car accident and pursuing compensation is largely the same as a typical collision.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501832024-02-06T09:34:22Z2024-02-06T09:34:22ZCauses of jackknife truck accidents
Commercial vehicles can stretch up to 28 feet and weigh up to a whopping 80,000 pounds. The weight and speed of these giants can affect the time it takes to come to a complete stop. Generally, the heavier and faster they are, the more time and distance they need.
Several factors can cause a truck to jackknife, but it often boils down to losing traction and control. Here are just some of the ways a truck can lose its grip on the road:
Slippery road surface: Tires can lose their grip on icy, wet or snow-covered roads, causing the vehicle to slide across the pavement.
Improper loading: Improper weight distribution could affect the truck’s maneuverability, brake times or acceleration and throw the driver off.
Driver error: A sudden hard brake may cause the front tires to lock up while the rear tires continue moving. The momentum could cause the trailer to push the cab forward or swing to the side.
Mechanical error: Lack of maintenance could result in equipment malfunctions, such as the brakes losing control.
Heavy traffic: Too many vehicles on the road can shorten the distance available for trucks to brake safely.
When these factors are present, the cab and trailer may stop moving together as they should. Instead, the trailer swings in different directions, creating a dangerous and horrifying situation.
How a jackknife accident affects other drivers
In most cases, jackknife accidents result in roadblocks and heavy traffic. But because of their enormous size, massive trucks can sweep multiple lanes when they jackknife, potentially causing a multi-vehicle collision. In a desperate attempt to avoid a crash, other drivers may make split-second decisions, such as a sudden brake or sharp swerve, resulting in additional accidents.
What to do if you are injured during a jackknifing truck accident
If you’ve been involved in a jackknife accident, prioritize your health and safety. Seek medical attention, even if you don’t believe you are hurt. Once you’re settled, consider speaking to an attorney to recover compensation. They can guide you through the legal process and help protect your rights.
From devastating injuries and fatalities to extensive vehicle damage, jackknife truck accidents bear serious consequences for everyone involved. When behind the wheel, stay alert and keep a safe distance from other drivers. Exercising extra caution, especially around large trucks, can help you protect yourself.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501822024-01-26T16:13:17Z2024-01-26T16:13:17ZWhat are the grounds for divorce in Tennessee?
In a no-fault divorce, neither spouse has to prove that the other’s wrongdoing is to blame for ending the marriage. It is a simpler and faster approach to divorce since it removes the need for litigation.
If both spouses agree, they can cite one of the two grounds to initiate a no-fault divorce in Tennessee:
Irreconcilable differences
Long-term separation
Still, even if the spouses do not want to point fingers at each other, they may not see eye to eye on all divorce-related decisions, such as child custody, property division and alimony. Instead of fighting it out in court, they can resolve their differences through mediation.
Meanwhile, if one party believes that the other is at fault, they can pursue the following grounds for divorce:
Impotence or inability to have children
Bigamy
Adultery
Desertion for at least a year
“Infamous” crime conviction
Felony conviction
Attempted murder of spouse
Refusal to move
Concealed pregnancy
Alcoholism or drug addiction
Indignities
Cruel and inhuman treatment
Abandonment
If any of these grounds apply and are proven true, it may impact the judge’s decisions as it would mean one party is responsible for causing the marriage to fall apart. For instance, a spouse found guilty of cheating may have to pay a higher alimony amount as compensation.
Considerations before you choose
No-fault divorces do not always mean that nothing was wrong during the marriage. Instead, the divorcing parties may have decided that working together is preferable rather than going through a lengthy trial and letting the judge make the decisions.
On the other hand, fault-based divorces often involve resentment, anger and other complex feelings. People want to settle scores or come out on top. However, taking this path can take longer, cost more and be emotionally taxing.
The reality is that not all marriages are built to last. Those considering divorce should take the path that best helps them move forward. Sitting down with a seasoned family law attorney can shed some light on the benefits and disadvantages of each approach.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501802024-01-12T12:51:24Z2024-01-12T12:51:24ZTennessee’s wrongful death law recognizes the unimaginable suffering of surviving spouses, children, and natural or adoptive parents by allowing them to file a claim against liable parties on behalf of the decedent.
One of the damages they may pursue is loss of companionship. Understanding how to prove this is crucial so they may recover compensation for their emotional suffering and obtain the closure they long for.
Establishing loss of companionship
Loss of companionship is the deprivation of benefits, such as care, comfort or affection, that the decedent used to provide in the relationship. Since it is intangible and difficult to quantify, the following are ways to help surviving families validate their claim:
Define the nature and extent of the relationship: If the plaintiff is a spouse, they can show how stable and loving the marriage was. An existing marriage certificate, photos and videos of shared activities, and witness statements can attest to the relationship’s strength.
Demonstrate living arrangements: Highlight the significant adjustments they need to make since the decedent is no longer living with them. For example, a spouse and their children might have taken counseling sessions to cope with their new situation.
Determine the decedent’s life expectancy: Provide medical documentation or expert testimony to reveal how long the decedent could have lived on to provide emotional and financial support to their family.
Preparing for a legal battle while grieving is a challenging task. However, surviving families can find comfort in knowing they do not have to take this on alone.
Pursuing the path to healing
No amount can replace the void a decedent leaves. However, fair compensation can aid surviving families in their healing journey. A legal team can guide them in articulating the depth of their loss and sending their loved one to a peaceful rest.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501792024-01-03T15:33:23Z2024-01-03T15:33:23Zfamilies of the victim may seek compensation for their deceased loved one's potential earnings to ensure financial stability amidst their grief. However, seeking damages for lost future income is complex and requires an adequate understanding of the law and the claiming process.
Why does the law allow it?
Tennessee wrongful death laws allow victims’ families to seek damages for several economic damages, such as loss of future income, to place them in the same financial position they would have been in had the accident not occurred.
If you and your family heavily relied on the deceased’s earnings to cover your household expenses and maintain your lifestyle, then the party responsible for the wrongful death should be accountable to cover that loss.
How can you prove it?
Since it is an economic damage, you can prove the loss of future income through your deceased loved one’s income documents, such as pay slips, income tax returns or a document from their employe certifying their wages. Through these records, you will also be able to calculate the actual or at least approximate amount of the future income loss.
Build a solid case
It is important to hold responsible parties accountable for your loved one’s wrongful death. To do so, you must establish their liability, starting with gathering evidence and having the resources necessary to fully investigate the incident. Seeking assistance from a skilled legal representative can help you achieve this goal.]]>On Behalf of Boston, Holt & Durham, PLLChttps://www.bhsdlaw.com/?p=501782023-12-29T07:07:14Z2023-12-29T07:07:14ZFailing to get medical attention
Motor vehicle accidents don’t always cause noticeable injuries. And the shock of being in an accident might prevent your brain from registering the pain. However, after you calm down, you might realize you’re injured. Consider visiting the emergency room after the accident, even if you don’t feel that you need to.
Fleeing the scene of the accident
Fleeing the scene of a motor vehicle accident is a crime in Tennessee. If someone is injured or killed, you’re required to provide your name, address and driver’s license to the authorities. Failing to do so could lead to serious legal consequences.
Failing to call the police
This mistake could hurt if a legal issue arises after the accident. You could benefit from having an official police report following the accident. The report is an official and legal record of the incident. In the event you decide to file a personal injury claim, that report becomes invaluable.
Waiting too long to file a claim
The statute of limitations for a personal injury claim in Tennessee is one year. That means you have one year from the time of the accident to file a claim against the other driver.
There are some exceptions to this rule, depending on the circumstances of your case. But generally, failing to make your claim within the time limit will hurt your ability to receive compensation.
A motor vehicle accident is often a traumatic situation. It’s easy to understand that you might not think clearly immediately following the incident. However, trying your best to avoid common mistakes can help you afterward.]]>