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

Posts tagged "liability"

2 dead, others suffer personal injury, when SUV hits motorcycles

Another tragic loss of human life occurred in Tennessee on Friday, May 22, when an SUV driven by a 31-year-old Walland woman crossed into oncoming traffic and caused an accident that killed two people on a motorcycle. The SUV hit a total of four oncoming motorcycles, injuring several other riders, according to the Tennessee Highway Patrol. It appears that the families of the decedents have personal injury claims for wrongful death damages against the SUV driver.

Driver going wrong-way in I-40 car crash that kills 2

Another wrong-way driver has apparently caused a deadly accident in Tennessee. The multi-vehicle car crash occurred at about 2:30 a.m. on Interstate 40 on Saturday, May 16. The suspected wrong-way driver is believed to have entered the highway at the westbound exit at Old Hickory in west Nashville while traveling in an easterly direction.

Estate files death action for compensation of deceased officer

The appropriate type of civil lawsuit to file against a negligent driver for causing death in a traffic accident is called a wrongful death action. The family of the deceased must file an estate in the person's county of residence, and it is the estate that files against the person or persons who are liable to pay compensation. Death claims in Tennessee and elsewhere can be significant, particularly where there may be an extended amount of lost wages or lost earning capacity over the lifetime of a younger victim.

Driver dead in crash with bus, 1 on bus suffers personal injury

In Tennessee and elsewhere, it is unfortunately true that accidents involving an out-of-control vehicle are common events. When a driver loses control and crosses the highway, then enters into the oncoming lanes of traffic, that driver will virtually always be considered to have been negligent. Generally, any accident that occurs will be that driver's fault, and any personal injury suffered by innocent victims will be his or her legal responsibility.

Car crash kills 13-year-old boy who was helping change tire

The tragedies involving death and personal injury that occur when people drive carelessly on the highways bring untold human suffering that could have been prevented with some common sense and a measure of attention. A recent car crash in Tennessee on Interstate 24 is another heartbreaking tragedy that severed the joy of a close family in a split second. A 33-year-old female from Murfreesboro was reportedly speeding on the interstate near Smyrna when she lost control of her vehicle, crossed the center lane and crashed into and killed a 13-year-old boy who was helping his mother change a flat tire, according to the Tennessee Highway Patrol.

2 dead, 1 critically injured in bizarre car crash on interstate

A tragic mistake resulted in two people dead in a bizarre mishap in Tennessee on the morning of March 25 on I-40 near Hermitage. A 22-year-old man was driving a Dodge Neon with four passengers when the group apparently decided to get off the road and take a nap. It turned out that they had stopped in the far left lane of the interstate and not on the shoulder, which caused a car crash that left two passengers in the Neon dead and one passenger alive but fighting for his life.  

Car crash on Hwy. 109 claims life of 35-year-old Gallatin woman

A driver does not have to make actual physical contact with the victim's car in order to be found negligent and liable for the victim's damages. Sometimes, the negligent driver can set a chain reaction in motion so that another car strikes the victim's car during the course of a car crash. This scenario appears to have happened recently in Tennessee in the course of a fatal three-car accident that occurred in Wilson County.

Liability for personal injury is separate from criminal charge

Compensation for injuries suffered in a vehicular accident in Tennessee is based on tort principles of negligence. If a person is injured due to the negligence of one or more parties in an auto accident, the at-fault party is liable for compensating the victim for the economic value of the personal injury suffered. A driver's civil law obligation to compensate the victim for injuries in an accident has little to do with whether a driver will also be arrested or convicted for criminal activity with respect to that accident.

Icy road may not free driver of liability for personal injury

When a motorist loses control of his or her vehicle on an icy roadway that does not mean that he or she is off the hook for liability to others injured in the accident. For example, the Tennessee Highway Patrol reported an accident recently in which a 29-year-old man was killed when he lost control of his vehicle on an icy road, crossed over into the oncoming lane and struck another vehicle. After investigations are completed and the facts fleshed out, it may be established that the driver acted negligently by driving too fast for conditions or otherwise failing to exercise due care under the circumstances. Such findings may make a deceased driver's estate liable for a personal injury sustained by another person as a result of his or her negligence.  

Red-light camera supporters say they reduce car accidents

There is a continuing debate in Tennessee regarding the usefulness of red-light cameras. One member of the legislature plans to try and have them outlawed, whereas other interested persons claim that the devices help to increase driver safety and reduce the number of car accidents. Some cities in Tennessee use the cameras to ticket those who run red lights, and other cities use them to ticket speeders.

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