Walking through cities and metro areas always carries a certain level of danger, because it is possible that a driver may not be paying attention and hit a pedestrian.
A Vanderbilt University graduate student was killed during an accident involving a dump truck near Nashville, Tennessee.
Student dies when dump truck goes into the crosswalk
Metro Nashville Police believe that the crash happened at a crosswalk near the intersections of West End Ave and 31st Ave. The pedestrian student had a green crosswalk signal when the dump truck made a right turn directly into the victim. The truck driver claims that he did not see the pedestrian at all before the impact.
A preliminary investigation shows that the truck driver’s failure to yield was likely responsible for the 31 year old woman’s death, because the pedestrian had the right of way due to the walk signal. The 58 year old male driver was not formally charged at the time of the news report, but the local District Attorney’s Office will be working with police to conduct a full investigation and determine if criminal charges are appropriate.
Fatal accidents and truck drivers
Regardless of whether the government decides to file criminal charges against a negligent driver, it is important for the victim’s family to retain legal counsel and explore the possibility of a wrongful death lawsuit. This type of case will compensate the family for hospital and medical costs, the victim’s future lost income and services, and even burial and funeral services. Tennessee has a wrongful death law that is slightly different from every other state.
Wrongful death cases in Tennessee
A wrongful death lawsuit is very much like a civil negligence case, except that a family member will bring the case on the victim’s behalf for damages related to their losses. This can be done whether or not there are related criminal charges, and the case will be decided independently from any separate criminal action against the person at fault. However, the statute of limitations is very short, and the lawsuit must be started within one year of the accident.
The deceased person’s spouse will always be able to file a wrongful death claim under Tennessee law. If they are not available or the person was unmarried, their children, parents, or a representative of their estate can bring the action. Other next of kin may be able to file as well if none of these parties bring the case.
Speak with an accident attorney in Tennessee
There are lawyers who serve clients in Nashville and nearby areas. They can speak with you about civil cases against trucking companies and other issues that may be important based on your personal situation. To get immediate help, contact:
7104 Peach Court, Brentwood TN 37027