Author: Anthony Proffitt

A tenth-grader at Spring Hill High School in Columbia, Tennessee, died in a collision between a Nissan XGU and a Chevrolet S10 pick-up truck near Mt. Olivet Road and King Lane. Three other people, including the drivers of the Chevrolet and the Nissan, were injured. The Tennessee Highway Patrol say speed may have been a factor.

The accident occurred when the Nissan, driven by an unnamed juvenile, crossed the center lane and collided with the pick-up driven by a 28-year-old man from Columbia. The 28-year-old was transported to a local hospital for treatment of his injuries. Both the unnamed driver of the Nissan and a 17-year-old passenger were airlifted to Vanderbilt Medical Center. The tenth-grader was in the front passenger seat of the Nissan and was pronounced dead at the scene. He was not wearing a seatbelt; police report would have made a difference.

According to the Tennessee Highway Patrol, no one involved in the accident was using alcohol. However, tests have been requested for the driver of the pick-up truck, the juvenile driver of the Nissan and the teenager who died in the accident. Criminal charges are pending, but it is unclear against whom they will be filed.

Moving vehicle collisions where speed is a factor often result in catastrophic injuries or death. The family of a victim killed in a fatal car crash is entitled to recover economic damages from those responsible for the accident. Recoverable losses include fair and adequate compensation for the comforts and societal benefits they would have derived from the deceased family member had they lived. An attorney skilled in motor vehicle and wrongful death law may help them protect their economic interests.

Source: Columbia Daily Herald, “Spring Hill High School student dies in crash“, Bailey Loosemore and Chris Fletcher, October 15, 2013

A two-car crash in Clinton on the morning of Oct. 4 killed one person. The car accident occurred at approximately 7 a.m. at the ramp onto northbound Interstate 75 from N. Charles G. Seivers Boulevard. According to the Clinton Police Department, a vehicle was T-boned by another car. A passenger in the car that was hit, died at the scene, and the driver was taken to a medical center for treatment. The driver in the other car escaped injury. Police are continuing their investigation into the accident and have not determined if any charges will be filed.

When a person is killed or seriously injured in a car accident, investigators may perform an accident reconstruction. This process might help investigators piece together accident events and determine fault. In some cases, the result of a reconstruction leads to criminal charges for the at-fault driver.

A Tennessee personal injury lawyer may use police reports and evidence to build a case on behalf of surviving family members. If the evidence is incomplete or the reconstruction report inconclusive, the attorney may undertake an independent investigation. In cases where the accident was caused by a defect in the vehicle such as a blown tire or faulty brakes, the attorney may file a claim against the manufacturer or maintenance company. In order to obtain the maximum settlement for a plaintiff, the attorney might search for all responsible parties.

In order to avoid a lengthy and stressful trial, the attorney might negotiate with the insurance companies for a fair settlement. If an agreement cannot be reached, the attorney may request a civil court trial. If the attorney presents an argument and evidence that are compelling, the jury may award a substantial settlement.

Source: WATE, “Oneida man killed in Clinton car crash“, October 04, 2013

A bus carrying a church group from Tennessee back to their home in North Carolina recently crashed, killing eight people and injuring 14 others. The automobile accident is believed to have been caused by a blown tire on the bus.

Authorities say the blown tire caused the bus to cross the highway median, drive through cable barriers in the median, clip an oncoming SUV and collide head on with a tractor trailer. The tractor-trailer burst into flames. Even though the bus never caught on fire, rescue workers had to work quickly to get survivors out of the bus because of the heat from the truck’s fire. Six out of the 18 people on the bus were killed, along with the truck driver and one person inside the SUV.

The church group was from the Front Street Baptist Church in Statesville, North Carolina. The group was a senior group that called themselves Young at Heart and was returning to North Carolina from the 17th Annual Fall Jubilee in Gatlinburg. After learning of the accident, many church members met to console each other at the church. According to the wife of the church’s senior pastor, he and another pastor at the church were traveling to accident site. Authorities are still unsure about why the tire blew out on the bus.

Tragic events such as this bus accident can have a huge effect on the lives of many people. As authorities continue to search for the cause of the accident, the victim’s families should be aware of their legal rights to seek compensation for their injuries. If someone’s negligent actions led to the accident, it may be possible for these families to seek compensation for wrongful death, medical expenses, lost pay and other damages caused by the accident.

Source: The Huffington Post, “Tennessee Bus Crash Results In Multiple Deaths“, Steve Megargee and Travis Loller, October 02, 2013

A mechanical failure may be to blame for the loss of the life of an elderly woman in Tennessee on Monday morning, Sept. 23. According to the Tennessee Department of Safety, the driveshaft fell off of a pickup truck and crashed through the windshield of the vehicle the woman was riding in. Authorities are calling this a freak automobile accident. A police representative says that criminal charges have not been filed in the case.

No one other than the 77-year-old woman who was killed was injured in the crash. The accident occurred on Interstate 24 in La Vergne, just south of Nashville. According to the Tennessee Highway Patrol, a 2008 Dodge Ram lost its driveshaft at approximately 10:30 a.m. It bounced off a car not identified by news sources and crashed through the window of the Chevrolet Equinox driven by the dead woman’s husband. The woman was riding in the passenger seat of the car, according to reports.

The woman was taken to Vanderbilt University Medical Center. Neither drugs nor alcohol appear to have been factors in the incident; according to police, the accident was not intentional and not malicious. They did cite the driver of the Dodge as causing the fatal accident.

In a case where mechanical failure may be a factor in a fatal crash, an experienced attorney may be able to assess the evidence and identify all parties who could be held responsible for the loss suffered by the decedent’s surviving family. An attorney could also negotiate with insurance companies, their claims adjusters and the lawyers representing the insurers for a fair settlement for clients who have suffered the loss.

Source: Cherokee Tribune, “Canton woman, 77, dies in automobile crash in Tennessee“, Joshua Sharpe, September 25, 2013

A Tennessee man was killed in a hit-and-run accident while traveling on foot at 5:00 a.m. After the car accident, police located the vehicle involved and began an investigation to find the person responsible. The deceased leaves behind three children under the age of six. Before his death, the victim was walking a friend from his home back to the friend’s hotel room.

On the morning of Sept. 14, the deceased was walking with his friend near Ellington Parkway in Madison. While taking a short cut along the highway, the victim was struck by a 2004 Pontiac Grand Prix. According to the friend, the impact of the collision sent the victim flying into the air. The friend also reported seeing the car swerve before the fatal collision. Although the driver never stopped, police located the vehicle parked at a house on Ames Drive.

While grieving the loss, the victim’s family offered statements to a local reporter. According to the sister, the family is very interested in finding the driver and cannot understand why he or she kept driving. She also remarked that the deceased was very loved and that she wants his children to know that his death was not in vain.

Although the suspect will most likely receive a heavy sentence for the crime, justice in itself will not heal the family’s pain. To give themselves time to grieve before returning to work, the victim’s family members may wish to seek compensation for their pain and suffering. With the help of an experienced lawyer, the family may be able to do this by filing a wrongful death claim against the driver, if he or she is found.

Source: WSMV, “Police recover vehicle from hit-and-run; search for suspect“, Calie Snee and Forrest Sanders, September 15, 2013

On Aug. 31, a motorcycle rider was killed in Shelbyville after being hit by an SUV. Witnesses say that the 41-year old Bedford County resident was riding his motorcycle down Union Street when he was struck by the black and gold SUV; the driver of the SUV failed to stop at the scene of the accident.

The SUV that was allegedly involved in the accident was later found on Player Drive by a Rutherford County Sheriff’s Deputy. The 1999 Chevrolet Suburban and the Harley Davidson motorcycle were both transported to the Tennessee Bureau of Investigation Lab in Nashville.

The driver of the SUV has yet to be found. Once located, the driver may be taken into custody and charged in criminal court for failing to stop at the scene of an accident. Under Tennessee law, failing to stop at the scene of an accident that resulted in death is a Class E felony punishable by at least one year and up to six years in prison. A driver who negligently causes a car accident may also be sued in civil court by the victim of an accident or the family of the victim killed in an accident. Depending on whether the victim survived the accident, the lawsuit would either be for personal injury damages or for wrongful death.

If a lawyer is representing a client in a wrongful death matter, evidence of the defendant’s conduct may be used in arguing for a larger award in favor of the client. In a hit-and-run case, a lawyer might want to ask a jury to grant a larger amount of compensation against the defendant who failed to stop at the scene of the accident.

Source: Tennessee Code Annotated, “Motor Vehicles, Traffic and Parking.”

Source: WGNS, “Fatal Hit and Run Motorcycle Accident in Shelbyville Tied to Murfreesboro“, September 06, 2013