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What to Know When Called for Jury Duty In Tennessee

Courts in Tennessee randomly select drivers from the state’s voter registration and Department of Motor Vehicles databases to serve as jurors in criminal and civil cases. Juries play a key role in the U.S. legal system. The Constitution ensures a fair trial for those accused of crimes or negligence by allowing a jury of their peers to decide.

Most people understand if they serve on a jury, they must listen to all the evidence in a case and decide whether the person is innocent or guilty based on the facts presented. However, most people have a dozen questions waiting for answers. In this guide about what to know when called for jury duty in Tennessee, we hope to answer some of those pressing questions.  

Can I get out of jury duty in Tennessee?

Many people panic the moment they receive a jury duty summons and immediately want to know how they can avoid serving. Unfortunately, jury duty is a civic obligation most people must attend. They may postpone your jury duty date temporarily for a conflict in the dates, such as a big project at work or a planned vacation.

You can also request a postponement if you have a temporary physical or mental problem that makes it difficult or impossible to serve. Imagine if you just underwent surgery and were on pain medication. This would be a good reason for a postponement.

There are only a few reasons they might excuse you from your jury duty obligation entirely. This includes any permanent physical or mental condition that would make it impossible for you to serve, or if your absence from work might cause an undue financial hardship on you or your employer. This latter exception often occurs when potential jurors work for small businesses that cannot afford to pay the employee unless the employee is working.


The preferred way to arrange a postponement is to report to jury duty and explain your reason during the jury orientation session. If you cannot attend this session, you may also contact the jury coordinator before your jury duty date. In Knox County, this number is 865-215-2550.

If you receive a summons from the United States District Court Eastern District of Tennessee, do not call. You must request postponement in writing. You can find the court address for your specific county here.

What if I fail to respond to a jury duty notice in Tennessee?

You cannot get out of jury duty by simply ignoring the notice. If you fail to respond to the summons, you may face contempt of court charges. In Knox County, there is also a fine of $500. Other counties have similar penalties.

There is no reason not to respond to your jury duty summons in Tennessee. Your employer cannot legally refuse to allow you to attend, and you will continue to receive your normal pay in most cases. The court also pays you $11 per day. If you have other concerns related to jury duty interfering with your job, you should report them to the jury coordinator during orientation.

How does the Knoxville jury selection process work?

Getting a jury duty summons does not mean you will serve on a jury. In fact, most people summoned for jury duty do not serve as jurors in a trial. Instead, you will go through an orientation and selection process to choose the best jurors for the current cases.

There is often a lot of waiting during this process, so you may want to bring a book, tablet or other quiet, relaxing entertainment. You cannot read during the jury selection process.

The jury coordinator, judge, and presiding lawyers may ask you questions to determine if you fit their needs. It is important to listen closely and answer honestly. If you are a good fit, you will become a juror in that case.  

If you are not a good fit for the first jury, they may ask you to repeat the process for another case. In Knox County, jury duty lasts for two weeks, but you do not have to attend every day. Instead, you call in each evening to find out if you need to report the next day. Once your two weeks is up, they will not call you for jury duty again for at least two years.

If I am chosen, what will the case I serve on be about?

While we cannot predict what type of case you may hear, most trials are not the type of high-profile crimes you might see on the news. In fact, many civil cases do not involve a crime at all.

Criminal cases can deal with almost any crime, from murder to shoplifting to drunk driving. In these cases, the district attorney presents the prosecution’s case while a criminal defense attorney represents the person accused of the crime. As a member of the jury, you will listen to the case and decide whether you believe the defendant is guilty beyond a reasonable doubt.

Civil cases deal with lawsuits that one person or company files against another. For example, a car accident victim may file suit against another driver who allegedly ran a red light and hit him, causing serious injuries. As a juror in this trial, you will listen to the facts of the case and decide if the preponderance of the evidence points to the driver running the red light and causing the crash. If so, the victim will receive compensation for his injuries and accident-related losses.

Is there anything I need to know before I serve on a jury in Tennessee?


The court will provide any education you require before the trial begins. The judge presiding over the case will outline the expectations and responsibilities of a juror. You will learn about the specific laws related to the case, and any other important information you may need. By paying close attention during this process, you can easily complete your civic duty as a juror without any prior knowledge of the legal system.

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Bus Accidents Car Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

Tennessee’s lenient texting law disqualifies it from federal funds

After several years of coverage by the media, the American public is now considered to be on notice about the dangers of reading, sending or composing text messages while driving. Statistics like the study by the Virginia Tech Transportation Institute, which found such behavior triples one risk of being involved in a car accident, has been cited in many news stories of the past three or four years. Yet, despite the fact that texting and other forms of distracted driving was responsible for 3,331 deaths in 2011, many people cannot put down their phone while driving.

As a result of the reluctance of many people to put safety first, many states, including Tennessee, have passed laws banning texting while driving. However, does the current law go far enough to reduce the number of texting-related accidents? According to the federal government, the answer is a resounding no, as Tennessee was recently denied hundreds of thousands of dollars in federal highway grants.

Lax law to blame

Under the recent federal highway safety law, Congress appropriated $17.53 million to states to be used to fight distracted driving. The funds were to be distributed by the National Highway Traffic Safety Administration to states that have banned texting while driving. Many of the states use the funds to pay for highway safety such as drunk driving or seatbelt checkpoints as well as advertising safety campaigns.

Although Tennessee’s law met most of the requirements to receive the federal funds, it fell short in one area: it did not have a provision for repeat offenders. Under Tennessee’s texting ban, violators are guilty of a Class C misdemeanor and can be subject to fines up to $50 and court costs of up to $10. However, this punishment remains the same for first-time and repeat offenders. Since there was a condition that the state enact a texting law that provides for escalating punishment for repeat offenders in order to receive the funds, Tennessee’s law was considered too lax for the state to qualify.

In response to the failure to secure the funds, State Rep. Jon Lundberg recently announced that he plans to introduce legislation in 2014 to beef up the law. According to Lundberg, his proposal would increase the fine for first-time offenders to $250. Additionally, his proposal would increase the fine for subsequent offenders. Finally, his proposal would punish drivers convicted of texting while driving with points on their license.

Consult an attorney

Although Tennessee’s current texting while driving law may leave something to be desired as far as punishment goes, it is likely that no law, no matter how stringent, could prevent all persons from engaging in this risky behavior. Fortunately, there are legal remedies available to those who are injured by a driver texting or engaging in other carelessness.

If you or a loved one have been injured in a car accident and suspect driver distraction is to blame, contact the experienced personal injury attorneys at OEB Law, PLLC. An attorney can investigate the cause of the accident and fully advise you on your right to compensation for your losses under the law. Call today (865) 546-1111.

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Car Accidents Bus Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

How Long Does It Take To Get A Settlement Check From A Car Accident In Tennessee?

It is impossible to know how long it will take to get a settlement check from a car accident in Tennessee. While we try to get your money to you as quickly as possible, there are no guarantees. Things happen, even in the most straightforward cases.

It is difficult to predict when an insurance company will settle, as well as how quickly it will process your settlement for payment. Some cases last only a few months from filing the claim to cashing the check, but others take years to ensure you receive fair compensation for your damages.

What could delay reaching a settlement in a Tennessee car accident claim?

A delay in reaching a settlement with the insurance company is often the most time-consuming part of waiting for your compensation. Some of the most common delays include:

Your Recovery

We cannot recover fair compensation until you either fully recover, have reached your maximum recovery, or we have a good idea about your future medical needs. This can take months or even years. If you will need ongoing care, we will need to talk to your doctors and other experts to understand the full scope of this care and estimate costs.

Building Your Case

Collecting the evidence to support your claim requires extensive work. We must collect all your medical records and related documents, talk to medical experts and accident eyewitnesses, get copies of your pay stubs, and other employment information, and compile any other proof needed to provide a strong case. Requests for these documents often require specific processes to obtain them. This can lengthen the time it takes to collect evidence significantly.

Considering Your Demand Package

Once we submit your demand package to the insurance company, the insurer must analyze your case and consider your demands. It is not unusual for the insurance company to drag its feet at this point, taking a month or longer to consider your demand package. We keep in close contact with the insurance company, keeping your case fresh on the insurer’s mind and encouraging a quick response.

Questions About Liability

Cases where proving liability is difficult typically take longer. In some cases, the insurance company refuses to negotiate a reasonable settlement or accuses you of contributing to your own injuries. When this happens, we may have to file a lawsuit and provide additional evidence to prove the other driver caused the crash. This can take several months or even a year or more.

How long will I have to wait after we reach a Tennessee car crash settlement?

Even once we negotiate a settlement with the insurance company, you will not get paid immediately. There are still a number of steps in the process before you receive your payout, and any of these hurdles can cause a delay in getting your money. You can expect to wait at least a month for your check.

These delays might include issues with:

The Release Form

Before the insurance company will write your check, it requires you to sign and submit a release form. This form states that by accepting the payment, you waive your rights to any further legal action in this case. We can help reduce the chance of a delay due to this form by ensuring we draft a form that is acceptable to the insurance company before we ever reach a settlement.

The Insurance Company’s Process

There is no way to predict how the insurance company’s payout process works, or how long it may take. For example, the insurer might need the signature of one or more employees to issue a check. The insurer might also only issue checks one day a week. These delays may extend for several weeks if the employee responsible for your case is out of town or there are other hiccups in the process.

The Trust Account

Once the insurance company issues a check, it does not come straight to you. Instead, your attorney places it in a trust account, which protects your money until the check clears.

While this usually takes only a few days, larger checks can take a week or longer. If there are issues with the check, the delay can be significant. For example, if the check is missing a signature, it may need to go back to the insurance company and repeat the process again.

Negotiation and Payment of Liens and Bills

Before we can issue checks to clients, we must clear any liens or bills against them. This may require obtaining up-to-date statements from their health insurance company, Medicare, or Medicaid. Getting these final balance documents can take several weeks. In addition, we often work to negotiate a smaller payout for their liens and bills. The time this takes can pay off in a much larger check for the client.

Lawyer’s Fees and Distribution

Once we take care of all other fees, we deduct our agreed-upon fees and cut you a check for the remainder. You should receive this check or an automatic deposit soon after, although large checks may take several days to clear your bank and appear in your account.

While this process can be lengthy, we do whatever we can to expedite the process while still getting you the compensation you need and deserve.

Call OEB Law, PLLC today for settlement help in Knoxville.

We understand your financial stress, and want to get your compensation to you as soon as possible. However, we also want to ensure you receive the full value of your claim and have enough money to cover your future needs.

If you have questions or concerns about your settlement check or your accident case, give us a call at OEB Law, PLLC: 865-546-1111.

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General

What to Expect From Your Car Accident Lawyer

If you have been injured in a car accident, you may be able to recover damages from those responsible for your pain and suffering. Hiring the right attorney is one of the best things you can do to help your case. The attorney you hire should have experience with all the facets of a personal injury case and be aware of all the complexities that may arise during the legal process.

The lawyers at OEB Law, PLLC have years of experience handling car accident claims and have helped countless accident victims recover compensation for their injuries. Here are four things to expect from your car accident lawyer as your case proceeds:

1) Familiarity with Litigation and Laws

Your attorney will be responsible for handling all aspects of your case. A successful attorney will be well-versed in subject areas relevant to the case. Car accident cases, in particular, require that attorneys be familiar with a variety of legal topics including:

  • Negligence
  • Fault and legal liability
  • Damages
  • Tennessee traffic laws
  • Insurance regulations
  • Civil procedure

Plaintiffs who hire an attorney familiar with these topics are more likely to have a successful lawsuit and receive larger settlements. Before officially hiring one of our attorneys, feel free to ask us about our experience and knowledge in these areas during the initial consultation.

2) Ability to Collect Evidence Effectively

The most important part of any car accident claim is proving the liability of the other driver. To do this, your attorney will have to prove that the other driver’s negligence behind the wheel caused your injuries.

Proving negligence is no easy task but our qualified attorneys are confident in their abilities to collect evidence effectively. We collect the following in each case we take on:

Evidence from the Scene

First, our attorneys will collect as much evidence as possible from the scene of the accident. This might include:

  • Pictures you have taken
  • Your account of the accident
  • Any eyewitness statements

We might also take photos of your vehicle, any of your injuries, and anything else that suffered damages.

Police Reports

We collect the police report in every case we handle. We do this for various reasons:

  • Not every police report is correct. By catching any inaccuracies quickly, we can work with officers to clear it up.
  • This report can help prove liability and can help expose inconsistencies in the other driver’s story.
  • The report may also state whether the other driver violated one or more traffic laws. These violations are evidence of negligence and can help your case immensely.

Medical Documentation and Expert Testimony

In addition to collecting evidence from the scene of the crash to prove negligence, your attorney will need to establish the severity and causation of your injuries. Our attorneys will acquire your medical records and provide a detailed account of your injuries, doctors’ visits, surgeries, and treatments. We will also contact medical experts whose testimony may help establish that the defendant’s negligence caused your injuries.

3) Understanding of Settlements and the Litigation Process

A reliable car accident attorney understands that every car accident case is different. Some cases will settle out of court while others will proceed to trial.

While most attorneys work toward a settlement as it is usually the quickest (and least expensive) option for everyone involved, a good attorney will prepare your case for court just in case.

Having your case ready for court will save time and money during the litigation process. Our attorneys are trained to handle settlement negotiations as well as litigation.

If your case does go to trial, it is our responsibility to file your case within the state’s statute of limitations (one year). However, we know that filing the claim sooner rather than later will help ensure the preservation of evidence and the availability of witnesses and experts, so we will do what we can to file earlier.

The litigation process will also require both sides to collect and exchange information during discovery. We are comfortable taking interrogatories and depositions and will use the information learned to help your case. We will also effectively present our evidence in court and question witnesses and experts on the stand. The presentation of your case will play a major role in whether the court will award you damages for your injuries.

4) Reasonably Value Your Claim

Before negotiating a settlement or going to trial, our attorneys will value your claim. We will do this by looking at the damages you incurred and determining a reasonable amount of compensation to ask for. This amount will be based on a number of factors such as:

  • Total medical expenses (past and future)
  • Lost wages and future lost income
  • Pain and suffering
  • Emotional trauma

While economic damages (e.g., medical costs) can be easy to calculate, noneconomic damages (e.g., pain and suffering) are not as easy to figure out.

Generally, your general economic damages will be multiplied by a certain number between one and five to determine the non-economic damages. This multiplier will depend on the severity of your injuries, the likelihood of a full recovery, the impact of the accident on your everyday life and other factors. Your attorney will know how to value your damages based on the injuries you suffered.

At OEB Law, PLLC, we are determined to help car accident victims and their families in any way we can. With so much on your plate, you need an attorney you can trust to handle the ins and outs of your personal injury claim. Our attorneys are trustworthy, dedicated and ready to assist you. Call 865-546-1111 today to discuss the details of your case.

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Bus Accidents Car Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

Study: drivers who text just as dangerous as drunk drivers

The dangers of texting while driving have received a copious amount of attention in the media lately-for good reason. After all, those who text or use hand-held devices while behind the wheel are four times more likely to be involved in a car accident. If this fact were not enough, a recent study found that texting while driving is just as dangerous as drunk driving.

Drivers who text just as dangerous as drunk drivers

Specifically, the study, which was recently published in the journal Traffic Injury Prevention, found that texting while driving is just as dangerous as driving with a blood alcohol level of twice the legal limit.

For the study, researchers from various universities used a driving simulator to compare drunk driving and texting while driving. One group of participates used headphones and a microphone to simulate a hand-free cellphone. The other group had a blood alcohol level that was over the legal limit. In the simulator, each group had to ensure that their virtual vehicle stayed within its lane and traveled at a speed between 37 and 50 miles-per-hour.

The researchers found that when the hands-free group was merely having a conversation, they drove with the skill of a person with a blood alcohol level that was well below the legal limit. However, when the conversation became more involved, the participants drove like someone who was almost at the legal limit. When the participants used their phone to text, they drove with the skill exhibited by someone well over the legal limit.

Tennessee’s response

To help combat the danger that texting while driving and other distracting behavior causes, Tennessee has banned texting for all drivers. In addition, young drivers and bus drivers are prohibited from using cellphones at all. A violation of the texting law is a Class C misdemeanor, which carries a fine up to $50.00 plus court costs.

As it can be difficult for law enforcement to determine whether a driver is texting (or merely dialing a phone number), the Tennessee Highway Patrol has rolled out a campaign where state troopers drive a tractor-trailer to enforce the law. Using a tractor-trailer gives the trooper an unfettered line of sight into other vehicles. If the trooper driving the truck sees texting or other reckless behavior, he or she radios ahead to another trooper to make the traffic stop.

In addition to the fine, those who text while driving can face a civil lawsuit, should their negligent behavior result in an accident. In Tennessee, those who are injured by such drivers may be entitled to recover the costs of present and future medical treatment, loss of wages and pain and suffering.

If you or a loved one has been injured by a careless driver, contact an experienced personal injury attorney to learn about your right to compensation. Call the experienced attorneys at OEB Law, PLLC today (865) 546-1111 we will help you.