Godwin, Morris, Laurenzi & Bloomfield, P.C.

Fatal rear-end car crash kills baby, injures 4 in Murfreesboro

In Tennessee and all other states, it is almost always negligence for an operator of  a vehicle to rear-end another vehicle stopped ahead in the roadway. A vehicle can be stopped for a number of reasons: it may be waiting in a line of traffic, it may be disabled or it may have stopped to avoid hitting an animal or to allow an animal to get to safety. It is typically not a defense to a claim of damages for injury or death from a rear-end car crash that the rear-ended vehicle stopped for an improper reason. 

A recent rear-end accident in Tennessee may illustrate the point. The operator of a 2009 Kia had stopped in a northbound direction on Highway 99 to let a turtle cross the road. The 20-year-old male operator of a 2001 Nissan crashed into the rear of the stationary Kia, according to the Tennessee Highway Patrol.

A three-month-old baby, who was properly restrained in a rear seat, was killed in the car crash. Two other children and two adults occupying the Kia were taken to a hospital with injuries. The collision occurred at about 11 a.m. It is not a defense to argue that the Kia should not have stopped for a turtle. The law foresees that there are many reasons why a car or even a pedestrian may be on a roadway in a stationary position.

It is the basic rule in all jurisdictions, including Tennessee, that a driver has the duty to observe all cars or persons that are stopped ahead on the roadway. An operator must maintain an assured safe distance from other vehicles ahead in order to stop without hitting them. A violation of this rule would normally constitute actionable negligence. In this case, it gives the family of the decedent child a potential wrongful death claim against the Nissan driver for negligently causing the car crash and the death of the child.   

Source: wkrn.com, "Baby killed, 5 others injured in 2-vehicle collision in Murfreesboro", April 3, 2015

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Our Law Offices

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Address

Godwin, Morris, Laurenzi & Bloomfield, P.C.
50 North Front Street
Suite 800
Memphis, TN 38103

Toll Free: 888-508-7939
Phone: 901-236-0578
Fax: 901-528-0246
Memphis Law Office Map

Review Us

Phone