For a lot of us, driving is a daily chore we have to take part in to get to where we need to go. Whether it’s a commute to work, school, or wherever your errands take you, you get there behind the wheel of a car. While newer drivers may still get to enjoy the novelty of the open road, more seasoned folks typically have a more apathetic view — if not an outright distaste. Driving, [...]
The world, and our society within it, is constantly changing. As we develop as a whole, our views, morals, knowledge, and entire cultures reflect these developments, and that’s great! That being said, not everything goes through these changes and progress at the same time or even in the same way — especially when it comes to the law. Seriously, it takes a LOT for laws to change, and even then it’s usually in incremental, tiny ways. [...]
Driving any sort of vehicle poses some sort of risk, simply because of the nature of the activity. Controlling a giant metal deathtrap on wheels will, inevitably, trap some death. That’s why laws, regulations, safety features, and overall standards of care are always changing and improving wherever and whenever possible. Ideally, there would be no risk! After all, many of us have no choice but to drive every day. Wouldn’t it be nice if you were [...]
It’s pretty common knowledge: things are supposed to work. We use all sorts of things every day, invented for our convenience and ease, and we are meant to rely on those things to actually do their jobs. Of course, the reality is a bit different. Things are not, in fact, created by some perfect Thing Machine to never have design flaws or errors, but by people. People can make so many, many errors with so many, [...]
It’s a general presumption that people should know what activities are considered crimes in Tennessee. You shouldn’t steal. If you hit someone, you’ll probably be arrested. If you drive over the speed limit, you’ll be ticketed. If you sell drugs, you’re breaking the law. It’s normally not an excuse to say, “But Your Honor, I thought what I was doing was legal.” Still, there are times that even a judge might be surprised that something is [...]
The COVID-19 pandemic has changed how we all live in many ways. One of those ways is when criminal defendants have their day in court. Due to the danger of contracting the disease, before vaccinations, many trials were postponed. The delay affected jury trials throughout the United States. While the delays are understandable because of public safety concerns, the delays are still preventing defendants from having their day in court. Worse, many defendants who can’t afford [...]
It has taken almost two years, but Banks & Jones is proud to announce that the court case against Loudon County Commissioner Julia Hurley has finally been heard, and the case was dismissed, allowing Commissioner Hurley to remain in her role serving the good people of District 2. T. Scott Jones, who represented Commissioner Hurley, spoke with News 10 about why the decision was the right one. "The judge applied common sense legal reasoning," said T. [...]
In some car accidents and truck accidents, it may be clear who caused the wreck. There are many accidents, though, where it’s not clear how the accident occurred or who is responsible. In some cases, both drivers may be partially at fault – though the driver that struck you was much more negligent. In multiple-car accidents, it’s often unclear how the chain reaction of collisions occurred. When the way the accident happened isn’t clear or when [...]
In February 2021, the Supreme Court of the United States (SCOTUS) heard oral arguments involving the need for the police to obtain warrants to enter the home of people suspected of having committed a misdemeanor or minor crime. The Court had previously ruled that the police can enter a home of felons who flee. The Fourth Amendment to the US Constitution provides that people are protected from unreasonable searches and seizures – and that the police [...]
No matter how long you’ve been driving, the chances are good you’ve seen more than one intersection accident, usually around a shopping plaza or on a rural road. Intersection collisions happen pretty often, and the force of the impact can easily lead to the death of a driver, passenger, pedestrian, cyclist, or motorcycle rider. Knoxville drivers know all about dangerous intersections. According to a AAA Foundation for Traffic Safety study, “eastbound Western Avenue (SR 62) at [...]
No one is perfect. Everyone makes mistakes, including teenagers. You can teach them right from wrong all you want, and they might still make the wrong decision when it comes to underage drinking and driving. As dangerous as this is, many teens still decide to drink at parties and then drive home. If your teen is involved in an accident or pulled over by a police officer after drinking, the teen will be arrested on the [...]
The other side is calling, and you've been involved in an accident with a truck driving company. Understand that in the state of Tennessee, only one party needs to know that a call is being recorded. I can assure you, when you hear these words, "These calls are being recorded for quality assurance purposes," it's not necessarily quality assurance. It's recorded for a business purpose. That is, to preserve any statement that you made that [...]
Being arrested for DUI in Tennessee comes with strict penalties. Whether this is your first arrest or you’ve been arrested for DUI before, you will face automatic jail time for the crime. There are a host of mitigating factors that go into determining the exact amount of time you must spend in jail, how much you will have to pay in fines, and how long you will lose your license. Those factors include the following: Whether [...]
A new report from the Insurance Institute for Highway Safety (IIHS) has found that women are at a greater risk of suffering serious injury compared to men in motor vehicle crashes. The study has found that the increased risk is due to the types of vehicles women drive and the circumstances surrounding the accidents and not the physical differences between women and men. The study from the IIHS, along with supporting data, shows that men are [...]
So you've been hit by a car; you weren't in a designated crosswalk. A lot of times that's referred to as “jaywalking” in our common parlance. That doesn't mean that you're always responsible. There are a number of factors that play into that: Were you wearing bright clothes? Was it the middle of the day? Was it night? Was the driver speeding? Understand that drivers are tasked with the responsibility of seeing what is there to [...]
Every jury trial has risks. There are no guarantees that any juror will rule in your favor. However, there are often strong indicators that a member of the jury is inclined to find that there is a reasonable doubt as compared to other jury members. Every member of the jury has certain prejudices and biases whether it's the color of a defendant’s skin, the way a defendant looks, or automatically believing the testimony of a police [...]
Should you talk to the police? You know were taught that the police are our friends, and they certainly are. They serve a valuable purpose, but when you're charged with a crime or you have the potential to be charged with a crime – perhaps you're a suspect, perhaps you're a witness, but likely you won't know which of the two you are – I would strongly recommend that you exercise your 5th amendment constitutional [...]
Bicycles, snowmobiles, exercise machines, and many other recreational products provide a lot of joy and health benefits for people – when they work. Sadly, many products are defective because the manufacturers fail to design the products properly, fail to use quality parts, and/or fail to provide safe and clear instructions. Defective products can cause spinal cord damage, traumatic brain injuries, broken bones, muscle damage, and other types of serious health problems. Defective products may also cause [...]
Many great movies have been made about criminal cases. Most are fictional, though some are based on true events. Movies about crimes are fascinating because there's always the suspense element of whether the person is guilty of the crime. There’s suspense around the abilities and skills of the lawyers who prosecute the case and defend their clients. While some crime movies are fun, the truly great ones raise moral and ethical questions about the criminal justice [...]
Car accidents cause many different types of injuries including shoulder injuries. Damage to the shoulder normally occurs when an occupant collides with another passenger, the dashboard, the door, or with other parts of the vehicle such as a steering column. Shoulder injuries can also occur if an occupant is thrown from the car onto the ground, from the tightening of a seatbelt, or even when the airbag operates. Accident victims who suffer a shoulder injury normally [...]
Workers at construction sites are constantly bombarded by noise. Many machines and tools, like jackhammers, are inherently loud. Trucks, the constant movement of workers, drills and diggers, and other work activities can affect a construction worker’s hearing on a daily basis. Often, hearing loss occurs slowly over time. Workers may not even realize they can’t hear well until a spouse, friend, or coworker tells them their hearing is bad. An inability to hear affects your ability [...]
If you're stopped for a DUI or the suspicion of a DUI, the first thing that you should do is be cooperative with the officer. That doesn't mean that you respond to everything the officer asks you to do, but that does mean that you don't give the officer a hard time. You want to have a situation in which your case blurs with other cases and there isn't something that distinguishes you from those cases. [...]
In many car accident cases, a driver’s negligence is clear. The driver sped, talked on his smartphone while driving, or ran through a red light. But what happens when the driver has a heart attack or a medical emergency that causes him/her to black out and lose control of their vehicle. Is it fair to hold drivers who have heart failure or other medical emergencies liable if events beyond their control cause the car crash? The [...]
There are several key parts to any premises liability case. You must prove the owner of the property had a duty to protect you, and failed to make their property safe. Generally, owners have a duty of care to customers, visitors, and people who have permission on the property. In most cases, there is no duty owed to a trespasser. You also need to show that the unsafe condition caused your injury and not another issue. [...]
In sexual assault cases, the prosecution may try to argue a defendant’s alleged sexual assault of a victim is part of a pattern of assault of other sexual assault victims. Judges in these types of cases need to balance the right of the prosecution to prove its case with the defendant’s right to a fair trial. The admission of pattern of conduct testimony is very prejudicial to the defendant’s case because the focus of the case [...]
