Wrongful Death and Fatal Car Accidents in Tennessee
In Tennessee, when a fatal car accident results from another party’s negligence or misconduct, the surviving family members may have the right to file a wrongful death claim. Understanding the legal framework for these cases, including the role of negligence in drunk driving, distracted driving, and defective vehicle accidents, is crucial for pursuing justice and compensation.
Tennessee’s Wrongful Death Law: An Overview
Tennessee’s wrongful death statute is codified under Tennessee Code Annotated § 20-5-106 through § 20-5-113. These provisions allow certain family members to file a lawsuit seeking damages when the wrongful act, omission, or negligence of another cause the death of their loved one. A wrongful death lawsuit is essentially a personal injury claim that the deceased could have filed if they had survived.
Eligible claimants in Tennessee include the deceased person’s:
- Surviving spouse
- Children (or next of kin if there are no children)
- Parents (if the deceased was a minor or unmarried)
Fatal Car Accidents as Grounds for Wrongful Death Claims
Car accidents are among the most common causes of wrongful death in Tennessee. Claims often arise in cases where negligent or reckless behavior played a significant role. Key scenarios include drunk driving, distracted driving, and defective vehicle conditions.
Drunk Driving and Wrongful Death Claims
Drunk driving remains a leading cause of fatal car accidents nationwide, including in Tennessee. According to Tennessee Code Annotated § 55-10-401, driving under the influence (DUI) of alcohol or drugs is a criminal offense. When a drunk driver causes a fatal accident, their criminal liability does not preclude civil accountability.
In a wrongful death lawsuit, the family can present evidence of the driver’s intoxication to establish negligence or recklessness. Breathalyzer test results, police reports, and witness testimony often play a critical role in proving the driver’s impairment. Tennessee courts may award punitive damages in these cases, as outlined in Tennessee Code Annotated § 29-39-104, to punish particularly egregious conduct and deter future wrongdoing.
Distracted Driving and Negligence
Distracted driving is another significant factor in fatal car accidents. This includes behaviors such as texting, using a smartphone, eating, or adjusting in-car settings while driving. Tennessee has strict laws against texting and driving under Tennessee Code Annotated § 55-8-199, making it illegal for drivers to use handheld devices to write, send, or read messages while the vehicle is in motion.
When a distracted driver causes a fatal accident, proving negligence involves showing that their distraction led directly to the collision. Evidence such as phone records, surveillance footage, and eyewitness accounts can be instrumental in building a wrongful death case. Tennessee courts recognize that distracted driving breaches the duty of care owed to others on the road, making the driver liable for the resulting damages.
Defective Vehicles and Product Liability
Not all fatal car accidents are caused by driver error. Defective vehicles or automotive components can also play a significant role. Common defects leading to wrongful death claims include:
- Faulty brakes
- Defective airbags
- Tire blowouts
- Steering system failures
Under Tennessee’s product liability laws, outlined in Tennessee Code Annotated § 29-28-102, manufacturers, distributors, and sellers of defective products can be held liable if their negligence or failure to ensure product safety contributed to the accident. Unlike cases involving driver negligence, these lawsuits often hinge on proving that the defect existed at the time the product left the manufacturer’s control.
Evidence in these cases often includes expert testimony, mechanical inspections, and recalls issued by the manufacturer. Families pursuing wrongful death claims due to defective vehicles may recover damages for funeral expenses, medical bills incurred before death, and pain and suffering.
Damages Recoverable in Tennessee Wrongful Death Claims
The damages available in a wrongful death lawsuit vary depending on the circumstances of the case. In Tennessee, the following types of damages are typically recoverable:
Economic Damages: These include quantifiable losses such as medical bills, funeral expenses, and the lost earning capacity of the deceased.
Non-Economic Damages: Compensation for intangible losses, such as the loss of companionship, guidance, and emotional support.
Punitive Damages: Awarded in cases involving gross negligence, such as drunk driving, punitive damages aim to punish the defendant and deter similar conduct.
The Importance of Timely Filing
Families seeking justice through a wrongful death claim must adhere to Tennessee’s statute of limitations. Under Tennessee Code Annotated § 28-3-104, wrongful death claims must be filed within one year from the date of the deceased’s passing. Missing this deadline can result in the case being dismissed, leaving families without legal recourse.
However, there are exceptions to this rule. For instance, if the wrongful death stems from a defective product, the discovery rule may apply, potentially extending the filing period. Consulting an experienced Knoxville wrongful death attorney is essential to navigating these nuances and ensuring the claim is filed on time.
Contact Fox Farley Willis & Burnette
Losing a loved one in a fatal car accident is a devastating experience, and pursuing justice can feel overwhelming during such a difficult time. At Fox Farley Willis & Burnette, our Tennessee personal injury lawyers are committed to helping families hold negligent parties accountable. Whether your case involves drunk driving, distracted driving, or a defective vehicle, we will fight tirelessly to secure the compensation you deserve. Contact us today for a free consultation to discuss your case.
Sources:
Tennessee Code Annotated § 20-5-106 through § 20-5-113
Tennessee Code Annotated § 55-10-401
Tennessee Code Annotated § 55-8-199
Tennessee Code Annotated § 29-28-102
Tennessee Code Annotated § 28-3-104
