Another fatal accident has occurred on one of Tennessee's roadways. In this instance, a car was hit by a truck when it tried to entire a highway by turning across traffic from a side street. A juvenile who was a passenger in the car was killed while the car's driver and the truck's driver were rushed to the hospital to be treated for their injuries. Though the investigation continues, many say the particular stretch of road in question is known for speeding drivers. While the speed limit where the car accident occurred is 50 miles-per-hour, drivers are known to go as fast as 70 miles per hour.
Families who lose a loved one to a car accident often face serious emotional and financial loss. A surviving family may struggle to cope with the knowledge that they will never hear their loved one laugh again or celebrate holidays with him or her. Additionally, if the family relied on the deceased's income, then finances might become strained, causing the family another level of stress.
Fortunately, those who lose a loved one to an accident can file a wrongful death lawsuit against the negligent driver. Tennessee recognizes comparative fault, which often makes cases like the one discussed above complicated. Under comparative fault, a plaintiff can only recover compensation if his or her negligence was not equal to or more than the defendant's negligence. Once fault determinations are made, then any recovery is modified accordingly. So, if a plaintiff is awarded $100,000, but is found to be 30 percent at fault, then the plaintiff will only recover $70,000.
The legalities of personal injury and wrongful death cases can be confusing, which is why it might be best for those considering a lawsuit to seek help from a qualified Knoxville attorney. The attorney will fight to show how the negligence of another caused the victim or his or her surviving family damages. Then, hopefully, compensation will be awarded for medical expenses, lost wages, pain and suffering and, if applicable, funeral costs.
Source: WRCB TV, "1 killed, juvenile and driver injured in Hwy 58 crash," March 20, 2014