Nashville homeless pedestrian is hit by a dump truck driver
A local man was hit by a commercial truck while trying to walk through traffic in Nashville.
Police find homeless man dead on the road
The Nashville Metro Police responded to the area of Broadway and 13th Avenue South at 10:20 am on a Tuesday morning. They believe that the 61 year old male victim was trying to cross near this intersection, but did not use a crosswalk. The victim was apparently trying to walk between vehicles while they were stopped at a red light in the moments before he was struck by a dump truck.
Witnesses in the area shortly after the accident claimed to have seen a body on the street covered in a yellow tarp. A witness who knew the victim said that he was under the influence of either drugs or alcohol when he was killed while trying to get across the street.
The dispatcher from the police department who helped officers on the scene handle the incident said that the area from the Interstate 40 west exit to Broadway and 13th Ave northbound all had to be shut down for several hours during the initial investigation.
The 71 year old man who was driving the dump truck was not injured during the incident. He told police that he did not see anyone in the street before the collision. It was unclear whether the driver’s employer has insurance to cover the damages.
Can a victim still collect money if they were intoxicated during an accident?
The fact that the victim may have been impaired at the time of the accident will be important for dividing fault in a negligence case. When a plaintiff is partially responsible for the accident, they may have their damages reduced based on principles of comparative negligence. This means that they can still collect money from the defendant, but it may be reduced according to their level of fault or reckless actions.
Dividing fault through comparative negligence laws
Tennessee has fairly generous negligence laws for plaintiffs. They can always recover from a defendant in situations where they are found by the jury to be less than fifty percent at fault. This means that in many cases, contributing to an accident will only cause the plaintiff to lose some money, rather than lose the case entirely. Because dividing fault and damages based on comparative negligence can become complex, it is best to discuss this situation with your lawyer before making any important decisions about your truck accident lawsuit.
Learn more from a local accident attorney
If you have been injured by a truck driver or in any kind of motor vehicle accident, it is important to learn about your rights and see if it is necessary to file a civil lawsuit. A lawyer can answer your questions at:
The Law Office of George R. Fusner
7104 Peach Court, Brentwood TN 37027
615-251-0005
gfusnerlaw.com
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